Viewing 18 posts - 1 through 18 (of 18 total)
  • Landlords – what are your obligations?
  • Malvern Rider
    Free Member

    In a bit of a situation

    Needed to move quickly for a number of reasons and had eye on a place that was (an occasional) holiday let ( more of a crumbling pile, hanging on in quiet desperation)

    Did some negotiating with landlord and agreed a twelve month let. It is furnished which wasnt ideal but we negotiated to store our small amount of furniture there until moved on. The rent is low-ish for the size of the property but not (we believe) for the condition/heating/efficiency etc which will prove costly.

    Now we had a cursory viewing and were assured that there was no damp, some condensation, and some clauses/requirement for us to upkeep the garden and look after the landlord’s furniture.

    We signed what we believe to be a standard shorthold agreement, not asking if it would be cleaned (I know, I know)

    Moving day upon us, I went to clear some space in the shed building and house to store our stuff etc

    So now, after going there for a few days ahead of tenancy (agreed with landlord as building is unoccupied) to make space and ‘spruce up’ to make ready for the move – I discover active woodworm in half the furniture, stairs, worktops etc… white mould under the biggest rug, dripping taps, endless decades old dust and ming and hairs, both human and dog). Not to mention more dead insects and cobwebs than I’ve ever encountered in a house that was described to us as a family home/holiday home . The storage shed was rammed full of old mouldy crap, no room for firewood or storage – so I cleaned and tipped stuff for two days and it looks little better.

    Now thinking ‘what have we done’. Both my wife and I are disabled and consequently unemployed. We have pristine references and our existing landlord of ten years is sad to lose us. However, finding suitable accomodation with our status is not easy. Not at all.

    Anyway – being the lesser disabled of the pair it falls on me to spend the first month of tenancy at least going over every corner to make habitable/healthy. After only two of this days I can barely walk for the pain it has caused.

    We got the feeling that the landlord was ‘lax’ but thought it would be OK as a make-do for twelve months or less until we found somewhere else local and more suitable. But now discover we would have to store our furniture elsewhere lest it gets woodworm. Found loads of tins of woodworm treatment (squirty stuff). But he never mentioned woodworm, and acted surprised when I emailed him yesterday. Haven’t yet mentioned the overall state of the place regarding cleaning. I wouldnt let my dog use the toilet there. Have photographed most of it.

    Question: If it isn’t in the contract – has he breached any of his landlord’s obligations simply by not informing of mould/woodworm and not cleaning prior to occupancy? Seems I am going to have to spend a LOT of time and effort (additionally impeded by illness) making this habitable and ongoing upkeep. We are already at the point of no return, days from move, and it would be prohibitively costly to go into reverse now.

    Appreciate any thoughts/knowledge (apart from ‘what were you thinking’) thanks 8)

    properbikeco
    Free Member

    just get environmental health involved – they love condemning bits like this

    they will be able to point you towards an appropriate place for legal advice

    Junkyard
    Free Member

    IIRC if the local council say it i s not habitable you go to the top of the list/they have to house you

    cinnamon_girl
    Full Member

    Blimey, what type of contract have you signed and is your deposit in the protection scheme? Is there any way that you could stay in your existing place until you find a better, impossible to be worse by the sounds of it, accommodation?

    Just to add that as both of you are in poor health then the last thing you want is a property with mould.

    totalshell
    Full Member

    surely you viewed the property more than once and gave it the once over.. sadly once you ve signed you ve signed.. damp dirt etc are not the be all and end all to a lot of folks.. so sorry best course of action is to say we re not having it its minging .. and find somewhere else..

    tomd
    Free Member

    Tbh it sounds like the place is a bit of a health hazard. Damp can really do your health in, if it’s bad now at the end of summer it won’t be getting better.

    What does your lease say re. the LL’s responsibilities? Proving a place that’s fit for habitation normal features on the list.

    Malvern Rider
    Free Member

    Just to add that as both of you are in poor health then the last thing you want is a property with mould.

    My health is good, my mobility not so much, but happily improving if I carry on steadily and don’t force the issue which sets me back. Better half is less mobile owing to aggressive bone disease/pain but has good general health. We are fit-minded people with unfortunate physical disabilities but wish to remain healthy obviously.

    Back to the mould – the only mould I found was white stuff under one rug, on a wooden floor which doesn’t feel damp but it is a concern – could be from being unaired for so long as landlord hasnt really said when property was last occupied by holiday tenants or otherwise. It’s a very old cob building (500yrs) so it ‘breathes’ if you know what I mean. The air does feel damp, again – who knows until get the place heated through for the first time in a long time. Will be a Rayburn fired up. We’re more appalled by the state of it. It sort of shows how much respect a landlord has for his new teneants, no? Is he legally obliged to clean it? I only got chance to do half the toilet and bath, that took me literally hours and I gagged a few times.

    cinnamon_girl
    Full Member

    I do hope it works out Malvern_Rider, you sound a very determined person but there does sound as though there’s still plenty to do. I guess the Rayburn hasn’t been tested and probably the property needs a really good air so get those windows open whilst you can!

    bearnecessities
    Full Member

    Dropped you an email.

    Malvern Rider
    Free Member

    The saga continues. First a shout out to international rescue for morale boosting 😀

    Ok so the walls under the sink are damp, the blighter painted over it. Were white and wet when moved in and are now blotchy and mouldy. Other walls damp, notably lounge.

    The Landlord did offer to send in a cleaner and fix the tap* and the foul-smelling sink soakaway.*

    This is where it got interesting. The ‘usual cleaner’ arrived and said she wasn’t equipped to deal with it. That it was ‘disgusting’. Furthermore she hadn’t cleaned it for ‘a year’ although the Landlord made a big thing about making the dwelling available for us and having to ‘lose holiday bookings’. Hmmm. Have already had to clean much of it myself as we need some space to live. A neigbour who also rents a holiday home says they had someone knock on their door in tears a year ago asking for somewhere to stay as they had arrived here to holiday and found it deplorable.

    *The soakaway was cleared by the local handyman who seems to do most jobs. The stench returned in days.

    *The hot tap has not been replaced so still drips water. We found a local plumber but LL didnt like the quote and gave us all manner of idiosyncratic preferences, asking us to source another with his criteria, and us pay for it, then deduct from rent. In fact, he has turned out to be the absent variety of LL who seems to think he has tenants who are willing to do all the repair admin and sourcing, pay for it upfront, and of course pay him rent for the privilege. We should by law give him time to fix everything but by all local reports this would not happen in years letalone this winter.

    He has denied the damp, just says ‘open the windows’ (half of which do not fit properly) ignored the mouldy rug (reason for) except for asking me ‘if it could be cleaned?’, unconcerned about the bowing and cracking ceiling, unconcerned about the woodworm, the exposed, crumbling cob on the exterior walls, unconcerned about rotting window sills and stair support (this was hidden behind plastic bags when we viewed). We serviced the (oil) Rayburn in a panic, (he wouldn’t agree to do it) but now don’t want to fuel it as we are leaving for our healths sake. Wake up coughing every day. It’s much colder and damper in here than outside already, even with a dry month we have opened windows every day for three weeks yet the stink and damp air soon returns when they are shut again.

    We have by incredible fortune (and some hard hunting) found somewhere else nearby that is 1000% percent more suitable yet current LL has refused to surrender the tenancy, claiming that it is a character property and condition is reflected in low rent, and that he lost out on summer lettings in order to get us in in Sept.

    We have offered two further months rent (and the deposit ) to free us in a month. We’ll see. If he refuses that offer it really is gloves off and contact authorities. Will be moving out whatever. And no, our deposit is not in a scheme. We signed a 12 month AST but can’t get out until 6 months.

    We made a big mistake. LL sticks to his claim that we rented ‘as is’, and yes we made a rash move. If we just abandon then we are still contractually bound to heat the place for the winter, as well as pay rent and council tax for the period.

    Now, time to remove the morning slugs from all over the kitchen…

    johnners
    Free Member

    Well done finding somewhere else, and good luck getting some money back – I guess it could be a struggle if you viewed the property and signed an agreement without specifying remedial work needed before occupying.

    Sound call moving on though, regardless of whether you have any joy with the money side it you’re definitely better off out of it.

    drovercycles
    Free Member

    Sorry to hear about this MR, sounds like the last thing you need. Glad to hear you’ve found somewhere better.

    And no, our deposit is not in a scheme.

    If that’s the case, you’re entitled to it back, and may be entitled to compensation on top of 1-3 time the deposit value. I think the LL has 30 days to protect it in a scheme – if they don’t, you have a strong negotiating position as the return of the deposit plus compensation would be pretty open-and-shut if you took them to court.

    Malvern Rider
    Free Member

    Just remembered, on our moving in he failed to furnish us with an inventory. Wrote to LL requesting one (not least as it is a furnished property, albeit with broken and disprepaired furniture, exterior, interior and fittings) – he responded by saying ‘not needed, I don’t like beaurocracy’ and will just ‘write of any damage to wear and tear.’ You can’t make this stuff up 😕

    If that’s the case, you’re entitled to it back, and may be entitled to compensation on top of 1-3 time the deposit value.

    Thanks for that. Though wouldn’t that be in event of our honouring the minimim tenancy term? If we just quit I’m concerned that the law would be more on his side, although (luck continuing to be on our side) we’ll of course fight him every last inch from our new warm property 😀

    cinnamon_girl
    Full Member

    Take lots of pics and tell him that if he doesn’t refund all your money then you’ll go to Environmental Health/Housing Dept to request they get involved. You should not be out of pocket due to this scumbag so a veiled threat may suffice.

    Pleased that you’ve found alternative accommodation but what a stressful experience for you.

    FunkyDunc
    Free Member

    If your deposit isn’t in a scheme he is breaking the law!

    Get yourself to citizens advice asap.

    The guy sounds like a cowboy and you are being far too nice with him, and clearing up his mess

    Malvern Rider
    Free Member

    CAB planned on Monday. We also plan to cease paying rent next week (though keep in another account) if he doesn’t agree to negotiate surrender. Payment of rent beyond initial would indicate that we are satisfied with the property. Agreed am being too ‘nice’ but I have to clean just to give health a chance.

    Take lots of pics and tell him that if he doesn’t refund all your money then you’ll go to Environmental Health/Housing Dept to request they get involved. You should not be out of pocket due to this scumbag so a veiled threat may suffice.

    Thanks. Have already done all above. And received negative response. Threat so far to no avail, neither offer to negotiate although only sent that offer last night.

    suburbanreuben
    Free Member

    How soon can you move into the new place? Is it possible without getting your deposit back? If so, do it! Worry about the finances later. Your health, and sanity, is more important.

    Malvern Rider
    Free Member

    How soon can you move into the new place? Is it possible without getting your deposit back? If so, do it! Worry about the finances later. Your health, and sanity, is more important.

    Hopefully two weeks or so, waiting on them decorating and doing credit checks/refs etc before they will sign. New LL is epic and v understanding.

    Family are helping out here with new deposit etc to save us the agreed overdraft interest. Phew.

Viewing 18 posts - 1 through 18 (of 18 total)

The topic ‘Landlords – what are your obligations?’ is closed to new replies.