Basis for T to withhold rent from L?

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    #16
    Registered Landlord also Gas Certs

    Sorry for all the questions tonight but what exactly is a registered landlord?

    How do I find out if mine is registered

    I also came across this :
    Gas

    Annual Safety Check. Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed, and thereafter at least every 12 months by a competent engineer (eg a CORGI registered gas installer).

    Should I have a copy of this : one website mentioned I shoudl have rec'd a copy within 28 days of moving in. He won't have one but can I forced him do it ????

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      #17
      Originally posted by karenlisam View Post
      Sorry for all the questions tonight but what exactly is a registered landlord?

      How do I find out if mine is registered

      I also came across this :
      Gas

      Annual Safety Check. Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed, and thereafter at least every 12 months by a competent engineer (eg a CORGI registered gas installer).

      Should I have a copy of this : one website mentioned I shoudl have rec'd a copy within 28 days of moving in. He won't have one but can I forced him do it ????
      Only LLs of licensable HMOs need be registered (with the local council) in England and Wales. However, all Scottish LLs are registered, I believe.

      Yes, your LL should give you a copy of a current satisfactory CP12 Gas Safety certificate for the property, ie one which has been obtained during the last 12 months. Failure to do so is a criminal offence. If LL cannot produce it, ask him to have a safety test done urgently (ie within 3 days). If he does not do so, report him to the EHO at your local council who will require him to.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #18
        Thank you all

        I was very nervous when I posted on here last week about my situation with a very lax landlord as I was worried all landlords may take the general rule that LL = good , tenants = bad no matter what the circumstances

        Thanks to your advice then I have managed to be released from my contract early ( subject to written confirmation) and have also managed to allow for my unsecured deposit ( not in a gov approved scheme) to be used for my last months rent ( again subject to written conf).

        LL also offered one free month on rent ( again subject to ......) given the circs we have been subjected to and the fact he says he is almost bankrupt and can't afford to fix anything else ( a lot needs doing)which takes me to a point when I can afford to leave.

        Instead of putting the house up to let again he has sent someone round today to survey as he wants put it on the market at knock down price as he can't afford to bring it up to scratch and I have EHO involved to prevent him renting it without bringing it up to standard should this all be rubbish

        I just wanted to say that without your advice I wouldn't have known my rights at all and I thought that a lot of what I was putting up with was par for the course...how wrong was I

        So thank you..... may my next LL be someone like you lot

        K x

        Comment


          #19
          Well done!
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #20
            New development with nightmare landlord - further advice

            History from previous posts on here (for those who didn't catch my last query )in a nutshell is ....

            Nightmare landlord. Won't fix anything. Let house deteriorate to the point where things are now dangerous ( flat roof leaked and by the time he got round to fixing it then lights downstairs blew due to leak and we now have no downstairs lights as fuse box breaker is off as there is a live wire to kitchen ceiling light which gave electrician a shock even when breaker turned off and he refused to work on it . Mould including black mold in kitchen , plug sockets falling out of walls and usuable due to damp. I have already paid for £300 repairs against rent and can't afford anymore given I am moving soon

            Deposit not protected , no gas cert

            Wrote letter to LL as advised on here asking for gas cert within 14 days , deposit scheme details within 14 days and listing times and dates when he has been contacted over important repairs and not done a thing

            Asked to be released from contract early Mid May in writing ( reason being financial as would move tomorrow if I could afford it ) and also asked for confirmation in writing that the deposit would be used for last months rent as is not secured.

            Of the two months rent I will owe before leaving. One month is deposit , £300 is for repairs which LL agreed I could pay for and take out of the rent , leaving £300 owed

            LL called after recieving letter and verbally confirmed there is no deposit scheme , no gas cert and that deposit could be rent and that the outstanding £300 is not to be paid but refused to put this in writing

            Problem is the electrics are a death trap ( electricians words) and I have twice touched the lightswitch in the kitchen absent mindedly ( even though breaker in fuse box is off and got an electric shock) Have now taped cardboard box over the switch so I can't be so silly again but LL is claiming he has no money and says he cannot repair electrics so basically I'm using my deposit and £300 of repairs as rent towards a property he won't fix

            Environmental health really disappointing and keep saying they are busy and will have someone contact me but this is getting silly now ( and dangerous ) Have emailed also and cc'd in local councellors but no response yet ( 8 days)



            I should add LL claimed he was going to wait until I was gone and the put the house on the market but I don't trust him as far as I can throw him and he could easily do to someone else what he did to us and repaint over the mold and put the kitchen light back on the ceiling ( hanging from a wire at the moment) , and paint over stains and someone could be killed


            Next step thoughts ???

            I'm not worried about him going back on his word and taking me to court for the rent as he just wouldn't dare without a gas cert / secure deposit and all the evidence I have on the dangers but I am worried about him hurting someone

            Comment


              #21
              Originally posted by karenlisam View Post
              Next step thoughts ???

              I'm not worried about him going back on his word and taking me to court for the rent as he just wouldn't dare without a gas cert / secure deposit and all the evidence I have on the dangers but I am worried about him hurting someone
              You could report LL to the Health & Safety Executive. They prosecute for gas safety non-compliance.

              You could make a civil claim against LL for disrepair (which ought to have the side-effect of encouraging LL to make the repairs), assuming you've enough evidence - e.g. letters reporting disrepair, electrician's report, etc. As you're still living there, there is still time to gather more. (And keep trying with the EHO).

              I would seek advice from a CAB or community law centre; you may even be able to find a solicitor who would take on the case on a no-win-no-fee basis.

              See these posts from a legal blog, on the general subject of damages for disrepair.
              http://nearlylegal.co.uk/blog/2007/0...-in-disrepair/
              http://nearlylegal.co.uk/blog/2009/1...ir-miscellany/
              http://nearlylegal.co.uk/blog/2010/0...-condensation/
              http://nearlylegal.co.uk/blog/2008/0...epair-damages/

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