I need legal advice re dodgy land lord + boiler

[cantaloup63]

A landlord cannot give a bad reference

 

[Alarm]

Just read the link. The OP seems to be a busy body, Up in the loft, bleeding the rads.
Perhaps if he left things alone and let things go with the flow ( sorry about that ) he might have now been getting a better result.


Canta, you saying landlords can make things up then?

 

[Gasop]

There is no one on this forum that can help you with your heating problem.

You should get yourself to your local Citizen Advice Bureau.

(It may be Help Shop now)

They will sort you out with the proper legal advice.

Hope you will get it sorted soon.

 

[tryme]

We spoke to the neighbours who told us the previous tennant had a real hard time getting a new place because this land lord gave her a bad reference saying she was a trouble maker always making a big deal out of small things. Can you believe it?!

 

[freddiemercurystwin]

@ cant, Yes and as you have suggested the OP withholds rent (lawfully or otherwise) the landlord can legitimately state that the tenant has not kept up to date with their rent.

 

[tryme]

Alarm I hope you read correctly that the land lord entered my property without my consent? I noticed when I went in the loft to hide my sons christmas presents and a crack appeared in the ceiling from two new boxes that the fairies put in there and the loft was ransacked

 

[cantaloup63]

Indeed. And the op can legally state that the previous landlord was in breach of an agreed contract, notably regarding maintaining the property and failing to put the deposit in an accredited scheme. As a landlord myself, I'd take that into account and recognise that it isn't always black and white.

 

[cantaloup63]

Alarm I hope you read correctly that the land lord entered my property without my consent? I noticed when I went in the loft to hide my sons christmas presents and a crack appeared in the ceiling from two new boxes that the fairies put in there and the loft was ransacked

You can take legal proceedings on this alone.

 

[tryme]

We want to but we have no hard proof. We confronted him and he denied the whole thing saying the crack and packages were always there. Which was complete lies. But its his word against ours

 

[cantaloup63]

We want to but we have no hard proof. We confronted him and he denied the whole thing saying the crack and packages were always there. Which was complete lies. But its his word against ours

Ask him for a copy of the photographed inventory that you and he signed when you moved in.

 

[freddiemercurystwin]

Nothing is ever black and white you are right but you are deluded if you think the law can prevent bad references, you are living in a dream world. Many tenants don't have a bean or the wherewithal to take these things further and landlords know it and they need to move on and find somewhere to live. Any sensible landlord (unless they are very desperate to let their property) will not want the hassle of investigating who said what and did this or that (you are not the only landlord on here BTW).

 

[^woody^]

Irrespective of any tenancy agreement/contract, it is an implied term of every tenancy that the landlord will keep in repair and proper working order the installations for the supply of space heating and heating water. There is no opting out of this as it is a statutory obligation

The boiler should work as designed, so no fudging or "just leave this switch on" type of arrangement will do.

For remedies, if you can't sort this out with the landlord, or if he fails to attend in a "reasonable" time, then you would be entitled to organise the repair yourself and claim the costs back from the landlord.

It would be acceptable for the landlord to leave you with a basic working system until a full repair can be carried out, and the landlord could also leave you with a couple of fan heaters or suchlike in the meantime. But the full repair must be done as soon as possible. You would not be entitled for compensation if the landlords action is reasonable and timely

Alternatively you could could engage a Solicitor and seek compensation and costs under the L&T Act 1985 (section.11)

Have a look at the various tenant related websites such as Shelter and others

You can't withhold your rent as then it would be you who is in breach of contract and the landlord could then start eviction procedures

 

[tryme]

The list we signed was just complete rubbish with no pictures and no mention of the crack

 

[cantaloup63]

Seems to me that the op is between a rock and a hard place here. If I could help, then I'd look into it since we have a recently vacated flat but which under the terms of our HMO licence would not be suitable for a couple with a child I'm afraid.

 

[Alarm]

Alarm I hope you read correctly that the land lord entered my property without my consent? I noticed when I went in the loft to hide my sons christmas presents and a crack appeared in the ceiling from two new boxes that the fairies put in there and the loft was ransacked

No you say something changed, but not definite.

I think your not happy about something and using this to get leverage.
You say your wife does not work and your on a low income so rented privately, something there is not adding up either.
You admit to playing with the heating when you should have left alone as it is not yours to play with.

When did you move in?
Was it through an assisted scheme?
Why not ask your social worker for assistance?