Hi Jeffrey, I was wondering if you could give me some advice. I am currently having a few problems with my tenancy which started yesterday (1st Aug). The house wasn't fit to move into, it is filthy and as far as we are concerned the landlord has not lived up to the contract. One of our major concerns is that the gas boiler hasn't been checked for over 2 years. I know that landlords are legally obliged to check the boiler every year and provide us with a certificate. The last certification sticker on the boiler dated 2010 has our landlords telephone number on it. We know he is a plumber, my question is if he is allowed to certify his own boiler? I'm worried that it won't get done properly. At the moment we are considering whether to pull out of the tenancy as the house isn't fit for habitation and there are numerous problems with it (security issues, garden 3 ft high, mold, mildew, damp etc). I know I'm not a landlord but I could really do with some impartial advice. It is all getting very tense and the landlord is starting to become unpleasant. If you could give me some advice as to my position regarding the tenancy and the issue regarding the boiler/gas pipes, that would be great. Many thanks Sophie
1. The house is filthy. Did L agree to clean it; and, if he did, can you prove that? 2. You also say that the landlord has not lived up to the contract. What else is wrong with the house? 3. Gas Safety is a major concern. Non-compliance might be a criminal offence by L; but it does not affect the Letting Agreement's validity, and L is not in breach of the Letting Agreement unless it contains a clause obliging L re gas safety (or, generally, to comply with all statutory requirements). 4. As to the (security issues, garden 3 ft high, mold, mildew, damp etc)., it's only the 'damp' item on which L might be liable to you (unless, again, the Letting Agreement contains a clause obliging L re the other items). Section 11(1) of the Landlord and Tenant Act 1985 makes L inescapably liable for maintaining/repairing the house's structure; the damp might breach that covenant duty. 5. Finally, you might start by contacting the Local Housing Authority. If they consider that the house is unfit for human habitation, they can make various orders against L. These could lead to your tenancy being 'frustrated', i.e. ended by being impossible to continue lawfully. Otherwise, you'd be stuck with it until the fixed term ends (or L voluntarily releases you- unlikely).
