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

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  • Orangepedal
    replied
    I'll check out the shelter guidance today in that case.

    Upon looking at the registry it brought up the LL investment company and their names as proprietors
    With an address. I guess their home, but not sure.

    No, my request for information was informal.

    I Will however write a physical letter recorded delivery using the correct wording and act.


    EH Locally have already said they Will gladly step in
    I've held off letting them as I know it's a high chance of s21 at earliest legal moment

    But with no repairs
    No eicr
    No GSC
    No EPC
    and if EH involved

    I Suspect they'd have a hard time ticking the s21 boxes.


    Leave a comment:


  • DoricPixie
    replied
    Orangepedal when you request the landlord's contact details are you specifically writing that you are requesting them under s1 of the Landlord and Tenant Act 1985? How have you reported the repairs? Only by email or have you written to the address for the serving of notices given in your tenancy agreement?

    5 months on and I would be on the phone to Shelter Cymru and the council's environmental health department.

    Leave a comment:


  • jpkeates
    replied
    There's a protocol on the Shelter website that is a process that they are confident will allow you to get work done, pay for it and deduct the cost from the rent.
    It's quite detailed and fairly slow, but it should allow you to do what you need.

    What was the result of the search on the land registry for the owner's name?

    Have you written (paper letter in an envelope) to the agent requesting the landlord's name and address?

    Have you contacted the local authority to report the issues?

    Leave a comment:


  • Orangepedal
    replied
    12month FT
    before going to a rolling.

    I couldn't see any break clause when going through the TA
    the truth is however that this is by far and away the biggest property within a 10 mile radius for rent
    other than HMO

    and I obviously pay a premium for that

    unfortunately looking at what is around are all worse condition and glorified sheds..
    very frustrating

    but it will be a good few years until Im able to buy,

    Leave a comment:


  • Slackjawedyokel
    replied
    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.

    Leave a comment:


  • Orangepedal
    replied
    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.

    Leave a comment:


  • DoricPixie
    replied
    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...

    Leave a comment:


  • DoricPixie
    replied
    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.

    Leave a comment:


  • MdeB
    replied
    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.

    Leave a comment:


  • John Duff
    replied
    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.

    Leave a comment:


  • John Duff
    replied
    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.

    Leave a comment:


  • doobrey
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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).

    Leave a comment:


  • DoricPixie
    replied
    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.

    Leave a comment:


  • mokka
    replied
    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.

    Leave a comment:

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