DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

[The Tech Clerk]

The Daughter & Partner have Damp problems with the bedroom of the grandson, means he cannot sleep in the room because of the awful stench, the daughter has a humidifier in there, the grandson sleeps in the lounge, same as us when we visit. The landlord is just possibly recognize the problem after 6 months of complaints, and to be honest if he turned up as promised to find out for himself it was obvious a major problem

He is chasing the daughter for a months arrears which she offered £50.00 a month, he says no. She has a months deposit on the apartment also a months in advance payment on taking out the initial rental, he also promised to replace broken bath panels soon as they move in - NOT.

They intend to move away from that area very soon, a garden shed outside the door in another contention (keeps his Car Spraying gear in there as it is worth £10,000) so they get threatened with that as well.

Know what I would like do with the landlord , I would send in the environmental health, as was done to me decades ago as I kept an eye on a property for a friend and a tenant in the basement had problems but never reported it to me, and the environmental department appreciated I would not have known as not reported.

anyway away to there this weekend and get up date, hope this landlord appears whilst I am there. more likely not

[The Tech Clerk]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

Daughters and the room still the same, also a few other problems with the apartment , never corrected, I suggested environmental Health officer so a record can be kept, also they move up to where we are in the next month? then he has no excuse not to return deposit. but of course a paper trail with environmental health, when the chap tries it on.

[PlanB]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

Call in Environmental Health and then sit back and let them do all the work.

Recent laws were passed to prevent "retaliatory evictions" which stop a Landlord giving notice to a Tenant simply because they have dared to complain about their squalid living conditions.

Well they can give notice all they like, but the court won't grant them possession of the property.

Let's see how this pans out but your daughter may be able to offset/claim damages against any rent arrears. No promises but let's take a closer look at things when you get back from your trip.

In the meantime my advice would be to start a diary and note down absolutely everything which she feels is unhealthy or unsafe (is there a gas boiler?) preferably backed up with with digital photos (camera).

Also note all contact from the Landlord made by phone or personal visit. We don't want this to turn into a harassment issue too.

Plan B x

[PlanB]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

Daughters and the room still the same, also a few other problems with the apartment , never corrected, I suggested environmental Health officer so a record can be kept, also they move up to where we are in the next month? then he has no excuse not to return deposit..

What happened to this situation? Did the Environmental Health Team get involved?

If your daughter is planning to move nearer to you soon she'll want to get this sorted so that the Landlord doesn't give her a bad reference for her next rental or claim she has rent arrears when in fact she's been living in a health hazard and entitled to claim damages for the inconvenience.

http://england.shelter.org.uk/get_ad...the_definition

Plan B x

[The Tech Clerk]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

Down there the weekend granddaughters 1 st birthday party, she has spoken to a lawyer it seems and he has put her in the picture, as the landlord cannot evict on a months arrears etc and I have to ask her for copy of the landlords letter next time I speak to her, she is very stressed at the moment so I walk carefully, but have told her do not stay there and build up more arrears, but move in with us and get sorted out and we can deal with the landlord from here , we have pictures of the situation now but just needs co-operation from her and her partner, so will update soon as I can.

[PlanB]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

It's true she would need to be in a minimum of 8 weeks rent arrears before her Landlord can seek possession and if successful evict her.

If she just walks away from the situation with a tenancy agreement in place which hasn't expired then she may be liable for all the rent due until the contract ends.

If she is now a statutory periodic tenant on a rolling one month basis, she would still need to give the Landlord notice in writing because unless she does her rent will continue to accrue.

She should check that her deposit is insured because if it isn't she can ask a court to make him pay her a penalty in damages of up to three times the amount of the deposit (the mount is up to the DJ's discretion). She could do this as a counterclaim to any claim the Landlord makes for rent arrears.

I'm glad she's getting advice from a lawyer but it would be cheaper to ask me unless she's getting pro bono help I can point her in the right direction for free legal advice in her neighbourhood if that's what she wants.

Plan B x

[The Tech Clerk]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

All she said she was in touch with one on the Net, she knows about you but looks like more questions to ask her from your points of interest! Thank Di

[The Tech Clerk]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

seems the bath panel been replaced and a screw sticking out,(after 1 year+ waiting), and whilst Daughter was up here with us the landlord entered the flat and did a so called bad job in grandsons room damp problem (use to stink so much in the walls had to abandon room for 8 months) he entered after being told no too by partner originally. photos taken of shoddy patch work!

just an up date as I do not know what if anything is happening.

[The Tech Clerk]

Re: DAUGHTERS LANDLORD PROBLEM & DAMP PROBLEMS

Daughter just rang to tell me they were taken to court to-day by landlord, seems they had a solicitor who was given evidence etc if needed on faulty items, seems the DJ (might be Taylor) told the landlord he is in trouble over not putting deposit in fund (keeping it) and threw all out what he submitted, cost made against him for the day/solicitor, her solicitor is going to do a compensation claim against him, so many in correct procedure the landlord made, DJ suggested report landlord as he can be fined due to their misconduct etc.

I told her to get out of there now, even though he has just so called corrected all the faults after over a year of doing nothing.

Her Solicitor says that a claim for 3 times deposit in the norm. (As Plan B has already stated)