Question about police and section 21

[spool]

I have a long running issue with reguards repairs, this problems has gone on for over 3 years. I have reported the repairs to the enviromental officer, over 12 months ago.

When I reported the repairs I was issued a section 21 notice to quit but this lapsed. Local villigers got involved and managed to stop the impending eviction. My landlords are the church of england.

On the 21st of December 2011 a property surveyer came to inspect the house on behalf of the landlord, he spent 5 hours inspecting.

I managed to get a copy of the report through the enviromental officer and found the property has many defects that include a roof in a bad state of disrepair, damp concreat floors, rising damp on all walls in the house, areas that are considered a fire risk, health and safty issues due to bathroom opening up directly next to food area, cess pit and drainage issues, rotten windows and a collapsed inglnook that has had to be propped. The list goes on and on.

I have serious health problems that can be directly linked to the conditions. Lung problems. We also have a small baby.

To me it seems that the council are dragging their feet about the issues. The cess pit, for instance has been ongoing since 2005 reported by the last tennants.

You can view some picture here http://s702.photobucket.com/albums/ww26/sueandmark09/

We can go on like this any longer and would like to here what others have to say about our issue. What can we do?

[spool]

I am up to date with rent and have not broken tennancy agreement

[ram]

Can't see why council are draging this out.

Example,
Our Environmental Protection Department have visited me with
a tenant ( not my tenant ) about repairing obligations and health hazzards

They stated that very minor problems would be a health hazzard, and once
communication was finalised with the landlord, and if he refused to undertake the
work within the next 8 weeks ( and be completed withn approx 8 weeks )
they would slap a 28 day Enforment order on him, which is then a legal
requirement to repair within 28 days !

So why have not the council issued a 28 day order !
Demand your rights from the council. go and visit them and say you want to know
why they are refusing to uphold the law, and issue a 28 day enforcment order.

R.a.M.

[Lingy]

If i lived there i would write to the landlord,telling them i will pay for all there properties urgent repairs out of there rent monies.I bet they will soon listen to that.

[spool]

Can't see why council are draging this out.

Example,
Our Environmental Protection Department have visited me with
a tenant ( not my tenant ) about repairing obligations and health hazzards

They stated that very minor problems would be a health hazzard, and once
communication was finalised with the landlord, and if he refused to undertake the
work within the next 8 weeks ( and be completed withn approx 8 weeks )
they would slap a 28 day Enforment order on him, which is then a legal
requirement to repair within 28 days !

So why have not the council issued a 28 day order !
Demand your rights from the council. go and visit them and say you want to know
why they are refusing to uphold the law, and issue a 28 day enforcment order.

R.a.M.

There was a problem with issing a notice because the landlords would not give info regards ownership. The property is in trust and the council said they have to issue the notice to the right people. They issued them with a notice, can't remember what, but it was so they had to give details of the trustees. This was given months back but still no action.

We are stuck between a rock and a hard place because we are not in the possition to move on, we just can't afford it at the moment.

The pictues don't don't justis and I would like to post the report to give people a better idea of our situation but can see an option.

Its driving my wife mad, she is very depressed and won't stop crying. It's torture to be honest..

[spool]

If i lived there i would write to the landlord,telling them i will pay for all there properties urgent repairs out of there rent monies.I bet they will soon listen to that.

I want to stay on the right side of the law. I was thinking about it but I would not be in a strong possition if I don't pay rent.It's been all over the local news and I contacted the Bishop of Derby and the arch bishop f cantabury but nothing....

[ram]

By law, you are entitled to know the landlords address, and it may even come back
that the "contact" addres is an agent or church, but they are bound to
pass your complaint to the landlord.

Because the landlord is refusing to stand up and say," I am the landlord",
then in this instance, I would write to whoever you pay your rent to, and say,
As you refuse to tell me who the acctual landlord is, this is a criminal offence,
and as no one will tel me who the actual landlord is, then by law, no rent is
payable.

Because of the "trust" issues, I cannot comment, ( am not qualified )
as if the council cant find the "landlord", you wont.

But to whom you pay your rent to, Say, As you know, we nor the council can
find the rightfull owner of ths property, and unles you tell me who the landlord is ,
then no rent is legaly required to be paid by me, therefore i give you the opportunity
to tell mewho the landlord is withing 14 days, and if not, I will lawfully stop
paying you rent.

It MAY get a response, but wait for an answer before you stop paying rent,
and seek profesonal advice on not paying rent.
Yu can stop rent for disrepairs, but you must inform landlord of your intentions
first.

you have 2 issues,
rent stopped so you can use money for repairs, ( but MUST tell landlord )
rent stopped if they cant tell you who the landlord is.

just something to mull over till others advice is received

[Snorkerz]

As you refuse to tell me who the acctual landlord is, this is a criminal offence,

Correct, section 1 of the 1985 Landlord and Tenant Act

and as no one will tel me who the actual landlord is, then by law, no rent is
payable.

Not so - you are getting confused with sections 47/48 of the 1987 L&T Act but the tenant seems to have an address for the service of documents (ie whoever they pay rent to).

With regard to witholding rent to cover the cost of repairs - if Spool does this they can remain totally within the law as shown by Lee-Parker v Izzet [1971]. Details of the case are here: http://www.letlink.co.uk/case-law/re...zzet-1971.html but an easier to follow guide is on the 'Shelter' Website: http://england.shelter.org.uk/get_ad...oing_repairs#3

[jjlandlord]

By law, you are entitled to know the landlords address, and it may even come back
that the "contact" addres is an agent or church, but they are bound to
pass your complaint to the landlord.

Because the landlord is refusing to stand up and say," I am the landlord",
then in this instance, I would write to whoever you pay your rent to, and say,
As you refuse to tell me who the acctual landlord is, this is a criminal offence,
and as no one will tel me who the actual landlord is, then by law, no rent is
payable.

There's some confusion here.
There are 2 different legal obligations:
1. The landlord must provide and address in England or Wales for the service of notices. This may be a thir party's address, like an agent. No rent is due until this is complied with.
2. If the tenant requests it in writing to the person he pays rent to, then the name and actual address of the landlord must be provided within 21 days. It is an offence not to comply.

[spool]

I have requested landlord details but no reply. I'm now on a stat periodic also...

The problem with getting in other builders to do the work is that the property is also listed!!! So work needs to go through listed building consent. The work to put the roof right comes to just over £10,000. Ihave quotes for most of the work and to be honest it would take many years of rent to put it right.

[jjlandlord]

Could be easier and quicker to just move.

[midlandslandlord]

If you are pursuing an 'embarrassment' strategy, then one route is likely to be to get a General Synod member for Derby Diocese to put their oar in, or for your MP to take it up with the Church Commissioners' representative in Parliament.

This is a bit of history, as the General Synod is a House of Parliament for Church of England matters, and there are questions to the Church Commissioners each month in the Commons.

See, for example:

http://www.publications.parliament.u...11124w0001.htm

(third one down).

Your contact would be your MP.

You really need to know which bit of the CofE is your landlord. I'm assuming the Church Commissioners, who run the asset base for the Vicars' Pension Fund, and own (for example) the Hyde Park Estate.

ML

[spool]

If you are pursuing an 'embarrassment' strategy, then one route is likely to be to get a General Synod member for Derby Diocese to put their oar in, or for your MP to take it up with the Church Commissioners' representative in Parliament.

This is a bit of history, as the General Synod is a House of Parliament for Church of England matters, and there are questions to the Church Commissioners each month in the Commons.

See, for example:

http://www.publications.parliament.u...11124w0001.htm

(third one down).

Your contact would be your MP.

You really need to know which bit of the CofE is your landlord. I'm assuming the Church Commissioners, who run the asset base for the Vicars' Pension Fund, and own (for example) the Hyde Park Estate.

ML

Thank you this is good advice. I will be looking into this today. A ray of hope.

[spool]

That seems to have done the job. I email the PCC (church council) and told them I was contacting my MP to ask him to take up our case with the Church Commissioners' representative in Parliament.

A meeting has been set for tonight for them to discuss the issue. I will keep you posted. Thanks a million!!!!

[spool]

The church are issuing us with a section 21...