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

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  • Orangepedal
    replied
    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


    Leave a comment:


  • DoricPixie
    replied
    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?

    Leave a comment:


  • Lots on
    replied
    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.

    Leave a comment:


  • theartfullodger
    replied
    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.. ....

    Leave a comment:


  • jpkeates
    replied
    Originally posted by John Duff View Post
    Until that address is provided, no rent is legally due. You can verify this very easily on the internet.
    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.

    Leave a comment:


  • Jon66
    replied
    S48 of The Landlord and Tenant Act alongside CPR 6.8 (b) is very clear about service. I see nothing in there to preclude service to an agent if permission has been given beforehand, which of course it has where it is stated as such in the TA.

    Leave a comment:


  • Orangepedal
    replied
    Very interesting!

    Bare with me.. let me check my TA..
    QUOTING..


    E.

    If we need to serve notice on you including any notice the law says we must give. We will deliver by hand or first class post to the property address. Notice is served when put through the letter box.

    ...

    If you need to serve notice on us yiu must deliver by hand or post to.

    Address
    # estate agents office address#

    F


    ... end



    This is absolutely the only address on my TA
    my landlord is only named at front page under..


    Date....
    This agreement is between us

    Mrs landlord name

    And you

    My name



    Rental amount
    Etc

    That is it.

    All other addresses, names and contact details are SOLELY those of the estate agents email and office address.

    Leave a comment:


  • John Duff
    replied
    Originally posted by Orangepedal View Post
    In my case my notice address is the estate agents office.
    I know my landlords names ( but I believe there may be multiple investors, how that translates to ownership i dont know. )
    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.

    Leave a comment:


  • Orangepedal
    replied
    In my case my notice address is the estate agents office.
    I know my landlords names ( but I believe there may be multiple investors, how that translates to ownership i dont know. )

    Leave a comment:


  • John Duff
    replied
    Originally posted by royw View Post
    £3 to the land registry to find the owner of the property (may not be the LL but usually is).
    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.

    Leave a comment:


  • royw
    replied
    £3 to the land registry to find the owner of the property (may not be the LL but usually is).

    Leave a comment:


  • nukecad
    replied
    Originally posted by Orangepedal View Post
    I spoke with shelter wales and they say that in Wales that an in date EICR is not a requirement upon tenancy
    nor does the Landlord have to provide a Gas Safety Inspection Certificate.
    They are only half right.

    Issuing an EICR is not a legal requirement in Wales (yet), but the landlord must still ensure the electrical installation safe. (and the easiest way to do that is with an EICR).
    https://sheltercymru.org.uk/get-advi...ponsibilities/

    A Gas Safety Certificate is a legal requirement and a copy must be given to the tenant:
    https://sheltercymru.org.uk/get-advi...or-gas-safety/

    Leave a comment:


  • Orangepedal
    replied
    Hudson, on the inventory/contract it states..

    Certificates Issue Date

    Gas safety Certificate
    EPC 29.05.2020



    no mention what so ever of the EICR
    And no date for the gas safety certificate.

    I spoke with shelter wales and they say that in Wales that an in date EICR is not a requirement upon tenancy
    nor does the Landlord have to provide a Gas Safety Inspection Certificate.

    I have no idea if that is true or not
    but I have no copy or proof of any gas certificate or EICR or EPC.

    My deposit IS protected.

    As far as i am aware, my landlord is quite heavily involved with the NRLA so one would have thought they would be on the ball with their properties.

    This may well be the case however of a poor management by the EA and the LL being quite unaware overall of whats going on.

    I always try to give the benefit of doubt.

    Leave a comment:


  • Hudson01
    replied
    I would not have moved into a place until it had a fully signed off EICR completed, simple as, no if's or but's. The LL sounds a little slap dash and the exact sort of person to end up on a corporate manslaughter charge should the worse happen..... and if that happened then either yourself or someone you know would end up in the morgue.

    Leave a comment:


  • Orangepedal
    replied
    Sorry Guys I didn't realise there was replies.

    Regards electrical work, the reason for the melted RCD and mcbs was improper termination of the busbar, unfortunately quite common, my electrician has made this safe and since , we have had no problems..

    There is however a fault on one leg of the downstairs ring
    meaning our electrician had to remove the leg while the landlords carry out a full eicr

    ( we aren't sure if there is a current eicr on the property at all as when we requested a copy we were told a new one needs carrying out , suggesting that there is not one currently )

    All my landlords have done is sent their electrician to
    "see if my electricians work was proper"
    and nothing since..

    I am reluctant to pester as I really don't want to be turfed out come the end of tenancy.
    but as a tenant of course, I pay rent, I want repairs done.

    If the landlord gave consent id be happy to arrange repairs with independent contractors and submit bills.
    and of course I am happy for their chosen contractors to carry out the repairs too, but it seems like it will never happen..

    But without a contact for my landlord, only my EA I have to wait while middlemen go between each other.

    It is frustrating, but we just want to help get things sorted as we honestly want to remain here.

    I assure you all , the electrical issues were of utmost urgency and my electrician made sure he left the supply safe and signed off.

    May I ask, if you were the landlord and knew these issues needed correcting, how would you react?

    and if the local environmental health were to be brought in. Would that make you want to evict at opportunity?

    Regards




    Leave a comment:

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