Legal aid for a landlord

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Legal aid for a landlord

    Hi
    some advice is urgently needed
    my brother became ill with mental health issues and I took to renting out his property for him. He has been long term unwell and out of work
    tgere is a possibility of a compensation claim only for disrepair coming our way as the work has been completed. Would he be able to get legal aid to defend this?

    #2
    Run the online checker of eligibility. £5 says no.

    Who is named as Landlord on the tenancy - you or him?

    If him are you registered with a letting agent redress scheme please?

    Any reason why the repairs haven't been/won't be fixed promptly please?

    Is it council or tenant suing?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Hi
      he is the landlord and I have been acting as his agent
      the repairs have been completed. They didn’t notify me of any repairs. They were actively avoiding me bcos of rent arrears for last two years. But I have nothing in writing only phone calls which were unanswered and not returned

      out of the blue I recieved a letter from the council to complete repairs in 21 days. I have spoken to council who say it’s not an official notice just an initial letter. They also state that they don’t usually ask if tenant has notified landlord as tenant will always start off with ... ive been telling my landlord.

      so they don’t have any written proof of notification. But I’ve been reading online that they can argue that I should have been doing inspections over the last few years. I tried but with phone calls only. I also don’t have anything in writing

      Comment


        #4
        Two points:

        If the repairs have been completed, the council will take no further action. Compensation claims for disrepair aren't easy, the tenants would have to have experienced some loss - what was the problem?

        If your brother (who is the person responsible for keeping the property in the proper state of repair) is unwell, making a claim against them may be close to impossible. Is there an actual medical diagnosis?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Damp. The builder believes it’s mould caused by condensation. The bathroom extractor fan wasn’t working which I wasn’t notified of. There was build up of mould all around the bath and sink and tile grout showing that they had never cleaned it. The kitchen fan was clogged with cooking grease and cobwebs showing that hadn’t been ever cleaned. These mould spores had spread through to other rooms in the house we believe.

          mice infestation. The kitchen was in an awful state with cooking grease dripping down the cubboards. And food always left out. The garden was like a cesspit with overgrown grass and all sorts of things dumped there I recorded everything.

          I understand it’s difficult but also reading that some no win no fee solicitor will accept anything and if they do then I must defend

          my brother was diagnosed with psychosis and was section last year. He is out now living with me and is on anti psychosis meds.

          Comment


            #6
            Have you fixed the extractor fans?
            Your responsibility for the mice extraction is limited to fixing any entrance points for the mice.

            If the council haven't sent a formal notice, you could evict the tenants.
            The downside is that, if they defend the eviction, your brother would either have to attend court or send a solicitor which could be expensive.

            There are firms who specialise in helping landlords evict tenants and you might be best to retain one and remove the difficult tenants.

            No win no fee solicitors are quite careful about the cases that they take on, because they only (obviously) get paid if they win.
            Have the tenant's actually threatened to sue?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              I have been told by relative of there’s that they have been told they can get compensated

              yes I fitted fans with the dehumidifying sensor

              next step is a s21. I’m happy to pay for that. But I couldn’t help him with any compensation claim or defence. I’ve heard they are ridiculously high

              would the fact that I haven’t done inspection count against us. I only have unanswered phone calls as proof

              Comment


                #8
                Yes, the fact that the landlord hadn't done any inspections might count against them if a claim is made.
                You're not likely to be sued, as you're not the landlord

                Until some legal paperwork turns up, there's no point worrying about it.
                People threaten legal action all the time, they rarely follow it up, and, if they do, the reality of going through with it, puts more of them off.

                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  I understand I won’t be sued but I must help my brother as he isn’t in a position to help him self
                  its hard not to worry with such problem tenants with pound signs in their eyes.
                  and it’s better to be prepared if it comes.

                  will they not need pictures that are dated if they are planning to take action from a couple of years ago. I doubt they they will have taken pics from a couple of years ago if they only just decided to report it?

                  Comment


                    #10
                    Leave it a couple of months then s21. Presumably the ast says they have a duty to report issues to you and they have no evidence they have done so. They also have a duty to look after the property which they clearly haven't been doing. Are there windows they could have opened? It isn't a legal requirement in an older property to have fans, not sure when it changed. I would stop worrying until you get legal paperwork, I don't think they have a leg to stand on.

                    Comment


                      #11
                      Can I ask why leave it a couple of months. ?They are destroying the house I really wanted to start the process ASAP

                      i also understand that they have a duty of care but if they start claim then money will be needed and my brother just doesn’t have any. Which is why I asked about the legal aid. This is my main concern as I believe our case is strong

                      Comment


                        #12
                        You'd have to ask someone who does legal aid funded legal work, but I cannot imagine that a landlord being sued for compensation for disrepair would qualify for legal aid.
                        I'm not sure how the mental health issue factors into legal aid, though.

                        If they had a problem which has now been solved and they plan to claim compensation, they'll need to claim compensation.
                        Until they do, it's just additional stress.

                        Arrange an inspection.
                        Give them 24 hours notice of your intention to inspect the condition of the property and see what they say.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          Thanx for all your replies

                          i didn’t think legal aid would be available but worth asking with his condition.

                          an inspection isn’t need now as the work has just finished

                          well since he can’t afford a legal help and wouldnt be able to represent himself as he has had no knowledge of the what’s been going on. And I wouldn’t be able to speak if it’s a fast track case. We could be up sh*ts creek

                          Comment


                            #14
                            So you're not registered with any letting agent redress scheme? Get registered!

                            Done any training in either landlord/tenant law or being an agent?

                            ​​

                            Sorry to hear about your brother, good for you helping. I too have a brother with "issues"
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Thankyou artful dodger. So you know how difficult it is to have a family member with these issues
                              i have had no training.
                              hiw can these redress schemes help me?

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X