Here is a problem for the blog clinic from Jessica who is a tenant.
Been in property for 6 years – original agents sold out to another Letting Agent and I have been having problems ever since.
I have reported my bathroom floor collapse and broken toilet on several occasions, someone came out and ‘botched’ the work as Landlord would not pay for new floor or toilet.
It is now worse than before, we cannot use the upstairs toilet (I have 4 children), and apparently the Agents are waiting for quotes ( it has been several weeks if not months).
We have fixed the perimeter garden fence as best we can after several gales, but Landlord is insisting we have damaged it and is now demanding it is fixed as it was when I moved in! I reported the front wall as being dangerous about 2/3 years ago and was told by original Agents that Landlord said to knock it down.
I did eventually knock it down earlier this year and Landlord is now saying that if it is not put back as per original wall, I will be served notice to leave on 18 August 2014 which means my family will be homeless.
Answer
Your landlord sounds very unreasonable. I suggest you keep a careful record of everything that happens so you can challenge any untrue allegations had may make.
For example have you got the original agents request to knock the wall down in writing (for example is there an email)? If you have, then the landlord cannot criticise you for doing this as you were doing it at the request of his agents.
If not, it would be a good idea to put this in writing yourself and send a letter to the current agents telling them this (making sure you keep a copy).
Keeping a record of everything will also be useful if you ever want to bring a claim against the landlord – and from what you say you do have grounds to bring a claim for compensation, particularly for the bathroom.
So make sure that all complaints are in writing and that you have photographic evidence of the problems. You could also keep a ‘disrepair diary’, noting all the things that happen and the conversations you have with the agents / landlord as they occur.
Your Local Authority Environmental Health Department would probably back you up and maybe (after a property inspection) serve an improvement notice on your landlord ordering him to carry out works.
This could trigger eviction proceedings of course, but as you have children you would be eligible for being re-housed by the Council.
I would just add that you should ensure your records are accurate and specific. E.g. when you’re referring to the time taken to obtain quotes, there is a huge difference between several weeks and several months. Use specific dates wherever possible.
The length of time since you knocked down the wall and the fact that it was not been commented on in any inspections is on your side.
I see the wall as being key, as you need to show that none of your actions led to the eviction, or you will be deemed to have made yourself homeless and therefore will not get re-housed.
A rather obvious case of retaliatory eviction, sounds like, and of course the tragic reality is – you are helpless to prevent such a spiteful eviction if your landlord sees it through. You sound like such a patient well-meaning tenant too. That’s what it is to rent in Britain in 2014 folks. Disgraceful way to treat people.
I would not call this retaliatory eviction; it is more a case of a landlord that has been badly let down by an agent and is therefore being forced to manage the property directly while not knowing who to believe.
It is clear that the problems started when the “original agents sold out to another Letting Agent”.
I do not see retaliatory eviction going on at all; I expect that the agent has just been good at presenting their case and covering up their errors so leaving the landlord to believe all issues are down to the tenant.
Landlord was aware of the problems, she says but “Landlord would not pay for new floor or toilet”. Landlord is also insisting the tenant damaged the perimeter fence..
So, despite being let down badly by his agents, landlord can’t muster the energy to care or enter into dialogue with the tenant (believing all issues to be down to them, as you say) and wd rather just throw blame at the tenant and have them leave, than take some responsibility to get anything fixed.