Multiple issues in what we hoped would be an ideal house.

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    #16
    Originally posted by John Duff View Post

    I do wish this "advice" is NOT given. It is inaccurate. LR entries (often inaccurate) are completely irrelevant. Landlords MUST provide a service address in order to receive rent. No address => No rent. simple as that. This is the only address a tenant requires.
    I beg to differ.

    A tenant is also entitled to landlord's actual address also ( s.1 Landlord and Tenant Act 1985 ). He is entitled to require it!
    - more info here..
    https://england.shelter.org.uk/profe...entity#title-2
    &
    https://www.legislation.gov.uk/ukpga/1985/70/section/1
    &
    https://www.legislation.gov.uk/ukpga/1985/70/section/38
    38 Minor definitions.

    In this Act—

    “address” means a person’s place of abode or place of business or, in the case of a company, its registered office;

    etc etc etc...

    (or are you suggesting Thatcher was wrong in 1985 in providing this right??)

    When a tenant is getting absolutely nowhere with the letting agent he has every right to contact the landlord at their home address: Indeed when the agent is doing something daft (eg not fixing something that matters) a prudent landlord would want to hear about it.

    Also required (s3) if there is a change of landlord, or possible fines & criminal record, sadly rarely enforced.

    When I was living in Scotland my English letting agent was giving ONLY for my address my Scottish address: Therefore there was no rent due... Took I think a couple of months to get them to understand they also needed me e.g. c/o their office...

    Yes of course I agree the LR address may be misleading, wrong, that of the rental property(***)

    Best wishes to all, including those who disagree with me.

    *** Never have LR address as the rental property itself: Or you may find tenants selling the place or (re-)-mortgaging it.. It's happened, of yes it's happened.

    - plus of course these days with social media it's so easy to find amazing info on people.. ....
    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


      #17
      I must say as a landlord I am rather surprised at the degree of tolerance with which you are reacting to a litany of neglectful and even illegal acts. Unsafe electrics, no EPC, no address for the landlord. Have you been given details of your deposit’s Protection Scheme? Unless there’s stuff you aren’t sharing eg you feel maybe the shower unit collapsed due to your misuse and you are afraid of your landlords reaction so you’re going easy on them, I think you are being far too easy going. They have duties towards you they appear not to be fulfilling. You need to educate yourself on your rights. Look at the Government’s How to Rent guide ​​​​​​ as a starting point.

      Comment


        #18
        Originally posted by John Duff View Post

        The Landlord(s) MUST provide an address (England or Wales) for service which may be business or residential. The agent's address does NOT suffice. Until that address is provided, no rent is legally due. You can verify this very easily on the internet.

        It is THIS address where your correspondence should go. In effect, if the agent isn't performant, they can butt out.
        I also disagree with this. It is perfectly acceptable to have the address for the serving of notices as that of the letting agency. How else would overseas landlords, or even landlords living in Scotland or Northern Ireland, with rental properties in England or Wales be able to provide and address for the serving of notices in England or Wales?

        Comment


          #19
          Originally posted by Lots on View Post
          I must say as a landlord I am rather surprised at the degree of tolerance with which you are reacting to a litany of neglectful and even illegal acts. Unsafe electrics, no EPC, no address for the landlord. Have you been given details of your deposit’s Protection Scheme? Unless there’s stuff you aren’t sharing eg you feel maybe the shower unit collapsed due to your misuse and you are afraid of your landlords reaction so you’re going easy on them, I think you are being far too easy going. They have duties towards you they appear not to be fulfilling. You need to educate yourself on your rights. Look at the Government’s How to Rent guide ​​​​​​ as a starting point.
          The primary reason for leniency on my part is simply the vast majority of stock in the area are very very poor standard, and absolutely tiny - and even then there is only 2 available that are to my minimum requirements. One of which has been empty for over a year, so we would prefer to stay here and work with the LL through issues than risk an eviction for coming across as pains.

          Absolutely no fault on our part regards the failure of the screen and tiling, to which we still haven't had a reply from the EA despite them being open and advertising more houses
          ( for sale )

          My leniency won't last forever however and I will be looking to demand the landlords contact details directly. And give her the opportunity to sort the issues. Failing that I'll have to seek help from the local EH.

          I can bet anything that if rent wasn't paid, they'd be in touch within 24hours though!!

          No doubt there are plenty of top notch landlords around
          But its easy to see how the reputation that bad landlords give go all landlords.

          Yes my deposit is protected with the deposit protection scheme, they (DPS) contacted me themselves to notify me of this


          Comment


            #20
            Just reading your original post only this far and nothing else to go on it sounds like the landlord is a complete crook, slum landlord as it were. I’d give notice to quit and find something else asap. From experience of hearing other ppl story landlords don’t exactly like it when environmental health get involved it tends to lead to either them doing what they should fixing the property and turning a leaf or section 21.

            Comment


              #21
              Orangepedal,

              Is your landlord registered with Rent Smart Wales?

              Shelter Cymru are sort of right in that I don't think the landlord necessarily has to give you a copy of the GSC in Wales because the Deregulation Act 2015 only applies to England but it is still a legal requirement to have annual gas inspection carried out when there are gas appliances in the property. Similarly you won't be protected from a revenge eviction.

              It's difficult to know who is at fault in these situations. On one hand the letting agency might be very slow at getting repairs arranged but on the other the letting agency can't go spending money without the landlord's consent so it could just as easily be the landlord dragging his heels.

              If memory serves the letting agency as 28 days to provide the landlord's contact details after you have written to the letting agency requesting said details under s1 of the Landlord and Tenant Act 1985 so you should get writing sooner rather than later. Take lots of photos and notes of the disrepair to keep as evidence in case this goes as far as court.

              Comment


                #22
                In reality there's no chance of enforcing the matter If the agent doesn't respond to your request for the landlord's contact details.
                It's a criminal offence, but none of the people who can enforce it will do anything about it (because a prosecution is costly).
                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


                  #23
                  Originally posted by DoricPixie View Post

                  I also disagree with this. It is perfectly acceptable to have the address for the serving of notices as that of the letting agency. How else would overseas landlords, or even landlords living in Scotland or Northern Ireland, with rental properties in England or Wales be able to provide and address for the serving of notices in England or Wales?
                  +1.

                  The implication is that landlords in E&W must live in E&W. But plenty don't, and that seems to be OK. And you would think the Non Resident Landlords' scheme wouldn't exist if being an overseas landlord was not permitted or was unworkable.


                  Originally posted by Orangepedal View Post
                  May I ask, if you were the landlord and knew these issues needed correcting, how would you react?
                  Personally as LL I would want to know of these problems and work with you to resolve, in order to maintain the value of my asset, hopefully retain a long-term tenant, and avoid reputational damage or risk of getting sued. Seems a no-brainer.

                  A major issue, as you say, is that you only have communications with the agent. When responses are slow or non-existent you don't know who is dropping the ball. Could be agent, could be LL. Could even be both.
                  There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                  Comment


                    #24
                    Originally posted by jpkeates View Post
                    Although the legislation is badly worded so that it appears that no rent is due, the actual effect is that it is due, but doesn't have to be paid until the information is provided, at which point all of the past unpaid rent has to be paid.
                    It would be interesting if it wasn't actually due!

                    That agreement wording meets the requirements for an address where notices can be served.
                    It would be quite interesting to see what would happen if the tenant tried to serve a summons at that address, though.
                    I can't see an agent accepting one of those.
                    I would broadly agree with this comment. Interested to see if there are any test cases.

                    Comment


                      #25
                      theartfullodger,

                      I'm sorry but LR addresses(s) are not relevant. That is not what the LR is for. I have read the acts and the definitions. The landlord (singular or plural) may have many places of abode and business addresses.

                      The POINT IS there MUST be an ADDRESS FOR LEGAL DOCUMENT SERVICE.

                      UNLESS THE AGENT HAS SIGNED AS LANDLORD (and this does happen). He/She is NOT the landlord and therefore an address FOR SERVICE for the LANDLORD MUST be provided.

                      Please feel free to print this off, take to a property lawyer and return here with their response.

                      Comment


                        #26
                        Originally posted by DoricPixie View Post
                        Shelter Cymru are sort of right in that I don't think the landlord necessarily has to give you a copy of the GSC in Wales because the Deregulation Act 2015 only applies to England
                        The Deregulation Act only set additional penalties for not complying with the Gas Regulations.

                        The Gas Regulations (Regulation 36 https://www.legislation.gov.uk/uksi/...lation/36/made) require both that a satisfactory annual inspection is carried out, and that a copy of the GSC be provided to the tenant.

                        Comment


                          #27
                          MdeB,

                          Yes, you are quite right, the landlord should still provide a copy of the GSC to the tenant. Unfortunately for the OP not doing so in Wales doesn't have exactly the same consequences as in England.

                          Comment


                            #28
                            John Duff,

                            Signing and agreement on behalf of the landlord doesn't make the letting agent the landlord. The letting agency is still just an agent acting on behalf of the landlord as his/her agent.

                            Section 48 of the Landlord and Tenant Act 1987 does not specify that the address for the serving of notices has to be the landlord's own address. Why do you think that notice and notices in proceedings cannot be served to an address c/o the letting agency? Good luck to a tenant with a landlord living outside of the UK serving notice or notices in proceedings to an overseas address and expecting to get somewhere if the letting agency's address is not suitable.

                            Section 47 of the Act however does require the landlord to include the name and the address of himself/herself and if that address is not in England or Wales an address in England or Wales at which notices (including notices in proceedings) may be served on the landlord by the tenant when the landlord sends a written demand to the tenant. Again, I cannot see why this cannot be the letting agency's address when the letting agency is acting as the landlord's agent.

                            That is certainly the view that Buckles Solicitors take but if you have an opposing view from a solicitor it would be interesting to read.
                            Under Section 47 of the Landlord and Tenant Act 1987 (“the Act”) any written demand for rent or other sums payable to the landlord under the tenancy, must contain an...

                            Comment


                              #29
                              Hi all,

                              since my last thread, we have had no progress with repairs at the property we rent.

                              rent will be due in a few days, which I am obviously ready to pay.

                              in a nutshell, we took tenancy last October, reported faults upon moving in.. including water ingress, and faulty electrics
                              within the first week had to have an emergency electrician out to make the house safe ( would certainly have caught fire )
                              this was at my expense as we had no response from our EA and no details of LL

                              since then more and more issues have arisen, including the bathroom tiling and shower screen collapsing off the walls 4am boxing day.

                              Ive always reported any issues immediately to the EA
                              and ive always been very lenient and allowed plenty of time to arrange repairs
                              but we are now entering the 5th month and not one repair has been made.

                              my most recent email to my EA was basically saying, Hi, we haven't had any communication from you,the LL or any contractors.
                              can we get things arranged please as its dragging on now,

                              a list of the faults.

                              and a request for the direct details of our LL and the contractor , as we aren't getting anywhere.


                              this was eventually ( about 5 days later ) met with a reply of , we've passed your details over to the contractor to phone you within 48hrs.

                              no details of my LL no details of the contractor.

                              that was a week ago,

                              we've heard zilch.

                              I am now pretty fed up.


                              i am so tempted to not pay the rent, see how fast they come banging.
                              ( i wont, of course )

                              where do I stand now? what should I do next?


                              the EA are clearly happy to ignore requests and fob me off so sending emails is obviously useless.
                              just absolutely fed up of being ignored.

                              Comment


                                #30
                                What’s the fixed term on your TA? Could you serve notice and move out in the 6th month? The place, and the people you are dealing with sound like a nightmare.

                                Comment

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