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My father signed a contract that he cannot follow with the landlord. Please help!

My iditot of a dad didn’t read the contract (which stated that he needs to fix windows, furniture etc which were ALREADY BROKEN when we moved to the house). He didn’t consult my mother with this and she just found out and she's really furious. She looks like she's ready to cry at any moment.

We're working class people barely scraping the rent. We can’t afford to fix everything, how can he get out of the contract? Please please help!

I'm really scared as to what will happen when my dad gets home.

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Original post by Anonymous
My iditot of a dad didn’t read the contract (which stated that he needs to fix windows, furniture etc which were ALREADY BROKEN when we moved to the house). He didn’t consult my mother with this and she just found out and she's really furious. She looks like she's ready to cry at any moment.

We're working class people barely scraping the rent. We can’t afford to fix everything, how can he get out of the contract? Please please help!

I'm really scared as to what will happen when my dad gets home.


I wish there was something...
Reply 2
I would try to get a job but I'm in the middle of A-Levels.
I would contact citizens advice. Typically you are expected to return a place in much the same condition that you find it, so you may be able to wiggle out of it somehow.

That said, if your dad has signed a contract, then chances are you're screwed and will end up having to fix them.

It could also be potentially approached from the view of being uninhabitable legally if it has windows smashed etc. If it's not fit to rent then I imagine that could void the contract.

I don't do law though, so I strongly recommend getting advice from someone much better versed than I.
When did he sign the contract and what is it for? If you dont know, can you get a copy i.e photovopu or scan it or just take decent camera phone pictures.

Contact Shelter. If you are unable to use their site, then enter the post code for your nearest adviser.

http://england.shelter.org.uk/get_advice
Someone needs to look at the contract to confirm what you think it says. It sounds unusual. If it doesnt mean what you think then you could be getting upset over nothing. Have you had much to do with the LL?

They also have an advice line, but it gets very busy. In peson is better imo.
Housing advice helpline Key advice

Your call may take 10 to 20 minutes so set aside some time

Try to organise a quiet place where you can talk

Our helplines do get busy but keep trying if you can’t get through

Call Shelter's free housing advice helpline on:
0808 800 4444
Shelter's helpline is open 8am 8pm on weekdays and 8am 5pm on weekends, 365 days a year.
Original post by Anonymous
My iditot of a dad didn’t read the contract (which stated that he needs to fix windows, furniture etc which were ALREADY BROKEN when we moved to the house). He didn’t consult my mother with this and she just found out and she's really furious. She looks like she's ready to cry at any moment.

We're working class people barely scraping the rent. We can’t afford to fix everything, how can he get out of the contract? Please please help!

I'm really scared as to what will happen when my dad gets home.


So you moved into a place that's "as is." Are your folks native English speakers, this seems kinda silly like. Or like they were taken advantage of or something. I've only heard of this with romany gypsies tbh...Either speak to the landlord and see what you can do or try and fix it :\ You can't take this to council because he signed the contract, their hands will be tied. Like if it was a bad condition they'd step in and seize probably, I've seen that happen to people even on migrants behalves. But he signed it :\

What exactly are the damages?
Original post by Anonymous
My iditot of a dad didn’t read the contract (which stated that he needs to fix windows, furniture etc which were ALREADY BROKEN when we moved to the house). He didn’t consult my mother with this and she just found out and she's really furious. She looks like she's ready to cry at any moment.

We're working class people barely scraping the rent. We can’t afford to fix everything, how can he get out of the contract? Please please help!

I'm really scared as to what will happen when my dad gets home.


Is this wrt to getting back a deposit? If so was there a signed inventory that stated the condition of the things? It sounds like a dodgy landlord with an illegal (and therefore unenforceable) contract tbh

Are you renting from a company or an individual?

Requiring a tenant to make repairs to any of :

the property’s structure and exterior

basins, sinks, baths and other sanitary fittings including pipes and drains

heating and hot water

gas appliances, pipes, flues and ventilation

electrical wiring

is illegal so you're exempt from the windows at any rate. The furniture, if you can prove it was broken when you moved in, shouldn't be an issue as the landlord can only charge you for damages during your tenancy that are not 'reasonable wear and tear' - if the contract tries to waive this, it's probably illegal.

Step one is to get in touch with the deposit protection people and ask what to do in the case of a dispute about deposits. It should then be possible for the deposit to be held until any dispute is resolved. If the deposit was not put into a deposit protection agency look into pressing charges against the landlord as suing may be the only way to get the money back in that case.

https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit
(edited 7 years ago)
Reply 7
Original post by 999tigger
When did he sign the contract and what is it for? If you dont know, can you get a copy i.e photovopu or scan it or just take decent camera phone pictures.

Contact Shelter. If you are unable to use their site, then enter the post code for your nearest adviser.

http://england.shelter.org.uk/get_advice
Someone needs to look at the contract to confirm what you think it says. It sounds unusual. If it doesnt mean what you think then you could be getting upset over nothing. Have you had much to do with the LL?

They also have an advice line, but it gets very busy. In peson is better imo.
Housing advice helpline Key advice

Your call may take 10 to 20 minutes so set aside some time

Try to organise a quiet place where you can talk

Our helplines do get busy but keep trying if you can’t get through

Call Shelter's free housing advice helpline on:
0808 800 4444
Shelter's helpline is open 8am 8pm on weekdays and 8am 5pm on weekends, 365 days a year.


The landlord gave us a copy of the contract. She kept the original. Thank you, I'll tell my parents about this.
Original post by 999tigger
When did he sign the contract and what is it for? If you dont know, can you get a copy i.e photovopu or scan it or just take decent camera phone pictures.

Contact Shelter. If you are unable to use their site, then enter the post code for your nearest adviser.

http://england.shelter.org.uk/get_advice
Someone needs to look at the contract to confirm what you think it says. It sounds unusual. If it doesnt mean what you think then you could be getting upset over nothing. Have you had much to do with the LL?

They also have an advice line, but it gets very busy. In peson is better imo.
Housing advice helpline Key advice

Your call may take 10 to 20 minutes so set aside some time

Try to organise a quiet place where you can talk

Our helplines do get busy but keep trying if you can’t get through

Call Shelter's free housing advice helpline on:
0808 800 4444
Shelter's helpline is open 8am 8pm on weekdays and 8am 5pm on weekends, 365 days a year.


*person and I agree, unless it's long distance, never talk to anyone in the public sector on the phone lol they'll just act indifferent and try to get you off the phone.
Original post by natninja
Is this wrt to getting back a deposit? If so was there a signed inventory that stated the condition of the things? It sounds like a dodgy landlord with an illegal (and therefore unenforceable) contract tbh

Are you renting from a company or an individual?

Requiring a tenant to make repairs to any of :

the property’s structure and exterior

basins, sinks, baths and other sanitary fittings including pipes and drains

heating and hot water

gas appliances, pipes, flues and ventilation

electrical wiring

is illegal so you're exempt from the windows at any rate. The furniture, if you can prove it was broken when you moved in, shouldn't be an issue as the landlord can only charge you for damages during your tenancy that are not 'reasonable wear and tear' - if the contract tries to waive this, it's probably illegal.

Step one is to get in touch with the deposit protection people and ask what to do in the case of a dispute about deposits. It should then be possible for the deposit to be held until any dispute is resolved. If the deposit was not put into a deposit protection agency look into pressing charges against the landlord as suing may be the only way to get the money back in that case.

https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit


Lol yes exactly that's what I'm saying they might have been taken advantage of and it was a silly mistake not to read the contract but sometimes ppl just need somewhere to stay. But still they signed it. They could file suit...
Original post by 0to100
So you moved into a place that's "as is." Are your folks native English speakers, this seems kinda silly like. Or like they were taken advantage of or something. I've only heard of this with romany gypsies tbh...Either speak to the landlord and see what you can do or try and fix it :\ You can't take this to council because he signed the contract, their hands will be tied. Like if it was a bad condition they'd step in and seize probably, I've seen that happen to people even on migrants behalves. But he signed it :\

What exactly are the damages?


My dad is good at English, not fluent like me. My mum is not as good at English but she has a lot more sense. I have never felt this furious, I don't really know what happened but I think he just skimmed the contract :/

Damages: Off the top of my head, the windows need to be completely replaced, a few cupboards...There's more but this is all I can remember.
Original post by 0to100
Lol yes exactly that's what I'm saying they might have been taken advantage of and it was a silly mistake not to read the contract but sometimes ppl just need somewhere to stay. But still they signed it. They could file suit...


Signed or not, if the contract is illegal, it can very easily be voided - or at least the illegal clauses can.
Original post by Anonymous
My dad is good at English, not fluent like me. My mum is not as good at English but she has a lot more sense. I have never felt this furious, I don't really know what happened but I think he just skimmed the contract :/

Damages: Off the top of my head, the windows need to be completely replaced, a few cupboards...There's more but this is all I can remember.


Yea I knew it, you're not native English speakers! So they took advantage of you! :\ You could try going to council honestly this is ****ed up. Are you citizens?
Original post by Anonymous
The landlord gave us a copy of the contract. She kept the original. Thank you, I'll tell my parents about this.


Its my experience that LL's often dont know the law or they just get one copy contract and then use it for all tenancies without updating it. You should both have originals i.e signed by you.

Go and see Shelter, failing that your local Law Centre or CAB, but Shelter are the specialists. the LL may or may not be aware of what the contract says, perhaps you have misread it and it refers to subsequent damage done by you, will be your respons

So here is your CAB link, which you should print out both.

Tenants responsibilities
https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/disrepair-landlord-and-tenant-repair-responsibilities/disrepair-what-are-the-tenant-s-responsibilities/
ibility?

LL's responsibilities S11 Landlord and Tenant Act
https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/disrepair-landlord-and-tenant-repair-responsibilities/disrepair-what-are-the-landlord-s-responsibilities/

Statute trumps contract, so the windows thing is wrong anyway. as pointed out by Natninja.

Dont worry.
Original post by natninja
Signed or not, if the contract is illegal, it can very easily be voided - or at least the illegal clauses can.



Filing suit which is long, or going to council, or moving out; I can't think of anything else. If the landlord is doing something illegal and forcing/stipulating [vulnerable] ppl to live in bad conditions and then to pay for it, they can easily report this and then their council will assess, I've been through this before myself and know people who have. In time they will come out and determine the situation and then claim the property and apply any necessary fixes themselves. In all honesty if they're more vulnerable they get quicker attention, and the op sounds like non-native/English citizens...so they'll probably get prioritised to be helped.
The other tip is you should be taking a full inventory and you need to take photos now of the flat especially ones showing any existing damage. They have to be date stamped.
Original post by 0to100
Filing suit which is long, or going to council, or moving out; I can't think of anything else. If the landlord is doing something illegal and forcing/stipulating [vulnerable] ppl to live in bad conditions and then to pay for it, they can easily report this and then their council will assess, I've been through this before myself and know people who have. In time they will come out and determine the situation and then claim the property and apply any necessary fixes themselves. In all honesty if they're more vulnerable they get quicker attention, and the op sounds like non-native/English citizens...so they'll probably get prioritised to be helped.


Feels, my last landlord tried to get me to pay a £1,000 energy bill from when the property was empty...

Also OP, you could always make a claim to the OFT https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf they may be able to make a quick assessment and void terms in the contract.
Original post by 999tigger
The other tip is you should be taking a full inventory and you need to take photos now of the flat especially ones showing any existing damage. They have to be date stamped.


^^^^^^^^^^
This.

I have done this ever place I've ever rented. I've never actually needed it, but I would be very grateful to have them had it ended up in a fight (which I suspected some rents might have).
Original post by natninja
Feels, my last landlord tried to get me to pay a £1,000 energy bill from when the property was empty...

Also OP, you could always make a claim to the OFT https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf they may be able to make a quick assessment and void terms in the contract.


Lmao how'd you get out of that one?
Original post by Elivercury
^^^^^^^^^^
This.

I have done this ever place I've ever rented. I've never actually needed it, but I would be very grateful to have them had it ended up in a fight (which I suspected some rents might have).

But that doesn't prove the damages were there beforehand...date stamp or not, the damage has literally already been done. That would be good future advice but useless for now.

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