Taking the landlord to court.

smr

smr

Soldato
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Leicestershire
Hi all,

Long story so if you don't wanna read it then you know where the backspace key is, otherwise, if you find yourself intrigued by the title of this topic, and I'm sure many of you will, then read on, and I will tell all...

My partner and I moved in with our two kids back in July 2007. We are renting a 3 bedroom detached house on the edge of the city.

We have now had numerous problems and issues with the property, which have all been raised with the landlord, to little or no effect.

We found the house advertised on the Internet, under the description it stated that the house had a study. We came to look for ourselves and saw that this was so.

When viewing the property we asked if double glazing windows would be added anytime in the near future and we were told "definitely by the end of the year" (this is still 2007)...

So fast forward to the end of 2007 and the winter months, the house is absolutely freezing, even with the heating turned all the way up (all radiators too hot to touch) the house did not feel warm, at best it took the chill out of the rooms but you were not at all able to walk around the house in a t shirt, even with the combi boiler and thermo set to their highest settings. It was that cold.

We didn't get double glazing by the end of 2007, and we still haven't got it today, but I do hope the landlord enjoyed his 2 week holiday in Dubai at the start of 2008.

Fast forward sometime after this and one day I noticed a leak in the kitchen ceiling (bathroom is directly above). We told the landlord about this and pestered him into doing something about it until he finally told us to ring British Gas. The BG guys came round and told us there was a leak in the bath which was causing this.

I went around and asked him if he could put a radiator in the study and he told me that he couldn't because the boiler wouldn't be able to handle it. So I asked the British Gas guys and they said the radiator should be able to handle it fine.

A few months ago black mould has started to spread on the ceiling in the master bedroom, I've lost count of how many times I've told the landlord about this. He hasn't even gone up to see it for himself. Every time I have told him that there is a leak in the roof he has told me that we need content's insurance. He has told us to get contents insurance on several occassions and will not have a look and take on his own responsibilities, expecting us to pay for it, or he is trying to get around the problem.

So I had enough and rang Environmental Health, the nice and helpful lady came round and she has sent him a letter stating that by law there needs to be a radiator in the study to make it at least habitable.

When I asked the landlord if he would put a radiator in the study a few months ago and I complained about how cold the room was ( I Could even see my own breath in it sometimes) he told us "well that room was never intended as a study - it is meant as a play room in the summer time"...

Well then - why did he advertise the house as having a "STUDY".???????

All these little things have really hacked me off. There's so many white lies and deceipts just like this.

Well the other night we told him where we stood with the situation and that we were going to look for somewhere else to move.

We have paid all our rent up to date, and decorated every single room in the house except the bathroom which can't be decorated because it's all tiled on the walls.

We turned this house from a ****hole into half a ****hole and put a lot of work into making it look a hell of a lot nicer.

Then the day after he comes around saying we have damaged this this and that. He says we have caused the ceiling in the kitchen to bow because of the bath leak.

He has accused us of damaging stuff but when we ask him what that stuff is he doesn't have an answer for it and so on.

So today I rang up the Tenancy Deposit Schemes (by law every landlord MUST put their tenant's deposits into one of three tenancy deposit schemes (3 companies chosen by the government).. this is for assured shorthold tenancy agreements after April 2007.

I rang all three up this morning and none have head about this address or have it on their database. I have asked the landlord 3 times where our deposit is being held and he has always dodged the question and started talking about something else.


The lock on the front door needs replacing (which is something he has known for over year now as its about coming off)

By law tenant's MUST know within 14 days of moving into the property where their deposit is being held, release details and contact details which must be given the tenant's by the landord. I haven't heard a squeak out of him about our deposit and given all the carp we have been through with him I have now decided to take him to court where I will be compensated three times the amount of the deposit making that around £2000.

He has taken us for `a ride, and what's more we asked if it would be possible for him to lay laminate down upstairs because the carpet was old and worn and he said yes ok, so he layed it down then when it was done he said you need to pay half the cost £400 (making it 800 in total apparantly)...

He wants us to pay for laminate when it is him investing in his own property. What are we going to do ? Take the laminate with us?!? lol.

I've been on the phone with solicitors today and said all of what I have just written here and she said that he has no right in asking us for money for laminate or blaming us for general wear and tear on the house.

He's a little git, I've never been to court before, but I've been advised by each of the tenancy deposit schemes that if he hasn't got our deposit in one of them he is breaking the law, and by all means take him to court and take him to the cleaners. I'm psyched, he deserves what's coming to him and I can't wait.

/vent.
 
Fair play, to be honest, if everything you say is true (and I don't doubt that), then it's going to be the easiest court case to win....ever!

I'm very lucky that my landlord bends over backwards to sort things out very quickly for me, I imagine you must have gone through a lot of stress?
 
Good luck, but

We turned this house from a ****hole into half a ****hole and put a lot of work into making it look a hell of a lot nicer.
Why did you move into a ****hole in the first place? Isn't the fact the place was a ****hole a big indicator as to the attitude of the landlord?
 
Only having heard your side of it, I say 'go to court' and get the money.
Do NOT put laminate upstairs, it'll sound very loud downstairs and given that you think that the house is cold anyway, will not improve the situation.

Good luck.
 
Fair play, to be honest, if everything you say is true (and I don't doubt that), then it's going to be the easiest court case to win....ever!

I'm very lucky that my landlord bends over backwards to sort things out very quickly for me, I imagine you must have gone through a lot of stress?

Yes, indeed.

I have my own business so I require a study to work in where I can fix my customers computers. This Study (as it were advertised on the website where we saw the property) is a complete ice box. It is so cold in there that I get aching knee joints if i sit in there for too long. The alternative is to put on my electric fire which costs an absolute fortune to run.

In the morning in the winter I've come down and sat in there and been able to see my breath as if I were outside, and like the lady from Environmental Health has said, it is being used as a room , therefore it should have a radiator put in.

My daughter has woken up crying some mornings due to how cold her room is (we set the central heating to come on at 7 in the morning and she gets up at 8).

What really broke the camel's back was when he came around yesternight and told us that we had to pay for damages that we have caused, well, anything that we have broken which happens to be a mirror (and just a mirror) has been replaced with a much nicer looking mirror anyway).. and all the work we have done ourselves into making this house look nicer as well... it just really really hacked me off when he said that. I feel absolutely no guilt in pursuing this court case at all.

I am getting some forms sent to me by my solicitors and they will be receiving them back, once they have our consent they will be taking him to court for breaking the law, and in my eyes, generally being a little *******.
 
When viewing the property we asked if double glazing windows would be added anytime in the near future and we were told "definitely by the end of the year" (this is still 2007)...
Whilst you do have legitimate grievances, this is common sense.

Either get stuff like this in writing, or don't believe a word they say.
 
Yes, indeed.

I have my own business so I require a study to work in where I can fix my customers computers. This Study (as it were advertised on the website where we saw the property) is a complete ice box. It is so cold in there that I get aching knee joints if i sit in there for too long. The alternative is to put on my electric fire which costs an absolute fortune to run.

In the morning in the winter I've come down and sat in there and been able to see my breath as if I were outside, and like the lady from Environmental Health has said, it is being used as a room , therefore it should have a radiator put in.

My daughter has woken up crying some mornings due to how cold her room is (we set the central heating to come on at 7 in the morning and she gets up at 8).

What really broke the camel's back was when he came around yesternight and told us that we had to pay for damages that we have caused, well, anything that we have broken which happens to be a mirror (and just a mirror) has been replaced with a much nicer looking mirror anyway).. and all the work we have done ourselves into making this house look nicer as well... it just really really hacked me off when he said that. I feel absolutely no guilt in pursuing this court case at all.

I am getting some forms sent to me by my solicitors and they will be receiving them back, once they have our consent they will be taking him to court for breaking the law, and in my eyes, generally being a little *******.

Tell your solicitor to draft a letter of Claim, and then issue proceedings, you will need to give your solicitor a cheque for the issue. I would love to see him fight it and what he says in his Defence document lol Which you will get within 28 days after he receives the Claim Form.

You will need to take photographs for evidence as exhibits, your witness statement, and would be helpful if you can gather all contracts, letters, and emails and even original photographs of the house when you moved in or even the website it was advertised on.
 
Yes, take him to court. Get some legal advice and get it done.

I can't remember what the penalty for not having the SD secured in a scheme but it's something outragous like 3x the value of the deposit.

He can't get you to pay for damage caused by a leak unless he can show it was your negligence that caused the leak. He can't get you to pay for improvements to the property unless that's what was agreed between you. He can't get you to pay for other damages unless he can prove you caused them, they weren't like that when you moved in, it's not been done during the course of reasonable wear & tear and he has evidence of how much al ike for like repair/replacement has cost him.

Sadly, there are still a lot of landlorlds like this about :(
 
Glad you're doing something about it rather than just complaining and sitting there doing nothing. Let us know the results too!
 
smr said:
We turned this house from a ****hole into half a ****hole and put a lot of work into making it look a hell of a lot nicer.
Good luck, but

Why did you move into a ****hole in the first place? Isn't the fact the place was a ****hole a big indicator as to the attitude of the landlord?

My daughter has woken up crying some mornings due to how cold her room is (we set the central heating to come on at 7 in the morning and she gets up at 8).

Bad landlord or not, what the heck is wrong with you? I find it deeply disconcerting that you found a "****hole" fit for your daughter in the first place. So cold she wakes up crying? :eek::eek:
 
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Is the law the same with them companies that buy your house off you, then you rent it back from them?

As my dads having right trouble with his. They want him to pay £800 to do work on the roof. They have actually wrote it into the "contract", but just doesn't seem fair :o
 
Go for it. I've within the last week been through the small claims over a deposit that wasn't protected. I've taken other landlords through small claims before over numerous issues, all of which I have left the victor.

Don't be nervous. If you end up in court then the District Judge's try their very best to make you feel comfortable, assist you with what points you're trying to make and if you've presented your case well and they agree with it they'll prompt you for any other costs. I've had them before asking me how many hours I've spent preparing, how much money I've spent on the documents, if I've had to travel and how much, if I've taken time off work and they've awarded these costs ontop of the original claim.

The most important thing is to get as much evidence in writing as you can to present your case. They do expect you to have tried to resolve issues in a reasonable way beforehand, but from what you've said, it'll be very onesided to you.
 
Bad landlord or not, what the heck is wrong with you? I find it deeply disconcerting that you found a "****hole" fit for your daughter in the first place. So cold she wakes up crying? :eek::eek:

Hold on, when we moved in it was in the summer, the house has single glazed windows. How were WE to know that the house would be THAT cold in the winter? And considering the landlord stated that double glazing would be put in before the end of the year...

Do you seriously think we would have put our daughter in that situation had we known how cold it was going to be ? No. We'd have told him where to get *******.
 
Bad landlord or not, what the heck is wrong with you? I find it deeply disconcerting that you found a "****hole" fit for your daughter in the first place. So cold she wakes up crying? :eek::eek:

Does it matter! You looking for an argument or something, he's asking about advice for sueing a **** landlord which he obviously is.

The landlord is getting paid a salary to sit on his arse! :rolleyes:
 
Hold on, when we moved in it was in the summer, the house has single glazed windows. How were WE to know that the house would be THAT cold in the winter? And considering the landlord stated that double glazing would be put in before the end of the year...

Do you seriously think we would have put our daughter in that situation had we known how cold it was going to be ? No. We'd have told him where to get *******.
You called the place a "****hole" yourself, and you've only managed to turn it into "half a ****hole".
 
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