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Tenant has disrepair issues but is unable to contact the landlord

This post is more than 13 years old

July 24, 2012 by Tessa Shepperson

Where is the landlord?Here is a blog clinic question from Paul who is a tenant:

Hi I have major problems with my 3 bed house 2 of my bedrooms ceiling leaks when it rains and I have a damp problem in my kitchen lounge and my bedroom.

The problem is I cannot contact my landlord as the phone number we have for him no longer exists.  We have written to the address we had for him but have had no reply.  Where do I go from here please?

A worrying situation.  However, do you have a tenancy agreement? This should give an address for the landlord. If t does not and/or you have not been provided with an address by your landlord (specifically for the service of documents) then you are entitled to withhold your rent until this is provided.

Also, presumably you pay your rent somewhere? If this is to an agent, then if you request your landlords details they are supposed to provide you with this within 21 days of receiving a written request (s1 of the Landlord and Tenant Act 1985).  If they do not, this is a criminal offence.

However the fact that your landlord has not responded to your letter, does not necessarily mean that the address you have is incorrect.  He may just not want to reply to you.

Finally – have you considered contacting your local authority?  If you request an Housing Health and Safety Rating System inspection, they will take a look at your property.  If they find any ‘category 1 hazards’ they will serve a notice on your landlord requiring him to carry out repairs.

The only problem with this is if your landlord decides that you are a ‘troublemaker’ and refuses to renew your tenancy at the end of your fixed term.

 

Disrepair claims

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Filed Under: Clinic

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

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Comments

  1. Ben Reeve-Lewis says

    July 24, 2012 at 8:50 am

    I get loads of complaints like Paul’s. Landlords just going to ground when it is repair time.

    Definately go for environmental health to come around. They will have access to certain databases and will probably be able to pin the landlord down.

    The lads from EH will also be able to let you know the nature of the repair and you could consider equitable right of set-off to use the rent to pay for the repairs if they are within reason and not subject to cat 1 hazard notices

  2. Sandra Savage-Fisher says

    July 27, 2012 at 10:56 am

    I often hear this complaint from people viewing properties and I’m amazed at how many won’t get in touch with the council. I’ve seen terrible conditions that some live in. fortunately I convinced one tenant to go to the council. The council told them to stop paying their rent this usually brings the landlord out of hiding.

    The council were then ready to speak with them when they surfaced.

    The couple in question have been tenants with us for over a year now and look after their home beautifully.

    So one bad landlords ‘troublesome’ tenants became another landlords perfect tenants.

    Treat people fairly and they usually respond in the same manner

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Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

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