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

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    (Original post by 999tigger)
    I dont give a hoot about typos.
    You are failing to understand the reason you collect evidence.
    They arent completely useless as they give me a record of what the damage is on the date they were taken. This is useful to put together with the rest of the information when it is collected. There are still several areas that remain unknown in this case. That is why the OP needs to see someone for a proper assessment.
    No I understand the reason and yes the photos taken now is better than never.

    However, again, it's useless because they prove nothing. What the photos seeks to prove, my dear, is that the damages were there before they moved in! You cannot prove this with photos today! They didn't move in today!

    :rolleyes: Any professional let's say they take this to court with these photos, the judge will roll their eyes like doesn't prove anything. You're on about being an "advice worker" but you don't have the final say buddy. Why do you gather "evidence?"

    For court! And the court won't accept photos proving that the damages were there BEFORE if they're taken AFTER!
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    Everyone here doesnt know the LL is wrong as the facts of the situation have not been fully established.
    The correct people to go and see are either Shelter, your local Law Centre or CAB.
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    (Original post by 0to100)
    Lol he asked me, you're so desperate, go away.
    I'm sure he'll ask you something soon.



    If you move and you did the damage, or it's not proven that you didn't do it, because you're stipulated/signed the contract saying you're responsible for repairs, yes. You will have to. Unless you get council in beforehand or contact a professional consultant off this website to advise you properly, with papers, in person, and they tell you otherwise with documented proof that it's not your responsibility. 999tigger and I can compete all day with who is right but essentially you have to hop your bottom off here and go to an office and ask them. Either way everyone here knows this landlord is wrong. So there's a start. However you did sign that bloody contract....
    Thank you to both of you! Very useful information!
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    (Original post by Anonymous)
    Thank you to both of you! Very useful information!
    Quote from

    http://www.complaintexpert.co.uk/who...landlords.html

    Contact the Council

    If such efforts prove futile and your landlord is still failing to honour the tenancy agreement then you should contact your local authority. Housing officers should offer advice on what to do, aid you if your situation has become difficult as a result of the dispute and also help you in pursuing the matter further. They have the power to take action - under the Landlord and Tenant Act 1985, the local council is able to prosecute landlords.

    Seeking Advice

    Aside from your local authority’s Housing department, Tenancy Relations Office or Environmental Health Department, you could also seek advice from a Law Centre, Citizens Advice Bureau, Housing Advice Centre or a solicitor.

    Such advisors will prove invaluable if your complaint is not resolved and no other option is left open other than to go to court in order to enforce your rights.

    Good luck!
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    (Original post by 0to100)
    Sort of....but they signed the contract. Unethical or not, if they don't get a professional to say they don't need to fix anything, they're stuck on their own with the stipulations of the contract...
    Or they can say no, we dispute this and wait. The contract is void anyway... The deposit will be in limbo for some time but either the landlord will fold or take them to court and if that happens they can get a professional to say that.
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    (Original post by 0to100)
    No I understand the reason and yes the photos taken now is better than never.

    However, again, it's useless because they prove nothing. What the photos seeks to prove, my dear, is that the damages were there before they moved in! You cannot prove this with photos today! They didn't move in today!

    :rolleyes: Any professional let's say they take this to court with these photos, the judge will roll their eyes like doesn't prove anything. You're on about being an "advice worker" but you don't have the final say buddy. Why do you gather "evidence?"

    For court! And the court won't accept photos proving that the damages were there BEFORE if they're taken AFTER!
    I never said they proved that the damage was pre-existing. I said it provides a record of the situation from that date. If's a precautionary (you don't know what the LL will say), preventive ( they may claim even more damage) and informational measure (it will let the person interviewing see the nature of the damage).

    The OP hasnt provided the relevant details of when they moved in. It could have been a few days ago or it could have been three years ago for all I know. All she said her father has signed a contract and her mother is unhappy. That would indicate it was recent, although the language problems could mean it is lost in translation and her mother only recently discovered this.

    Theres also no need for a prosecution or enforcement action as they simply refuse to repair if the items are covered by s11 as any term seeking to shift and evade this obligation is void. Until the OP's parent is interviewed and tenancy reviewed then you cannot say much about what the true situation is.
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    (Original post by natninja)
    Or they can say no, we dispute this and wait. The contract is void anyway... The deposit will be in limbo for some time but either the landlord will fold or take them to court and if that happens they can get a professional to say that.
    Well I already linked them to a site saying:

    Contact the Council

    If such efforts prove futile and your landlord is still failing to honour the tenancy agreement then you should contact your local authority. Housing officers should offer advice on what to do, aid you if your situation has become difficult as a result of the dispute and also help you in pursuing the matter further. They have the power to take action - under the Landlord and Tenant Act 1985, the local council is able to prosecute landlords.

    which confirms what I have said. They also mentioned going to other agencies. Contract void or not, that's the next best step.
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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.
    Take it as a challenge? DIY aint too hard, I started working in construction sites at age 15 with my dad, you can do it too!

    https://www.youtube.com/watch?v=BXe8i4Ujdq4
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    (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/upload...440/oft356.pdf they may be able to make a quick assessment and void terms in the contract.
    OFT closed in Nov 2014

    Your first suggestion was correct in that at least ine area the clause is void and the best way to defend that is to notify the LL and if they try anything then point it out to her lawyer or the court, who will then put the LL straight. Its very hard to ascertain the actual position without seeing the contract and interviewing the client as the details are very sketchy.

    Alternatively they could get a caseworker or letter sent from Shelter to point out the legal position or failing that, then CAB. There is nothing for the Council to take action on or enforce.
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    (Original post by 999tigger)
    I never said they proved that the damage was pre-existing. I said it provides a record of the situation from that date. If's a precautionary (you don't know what the LL will say), preventive ( they may claim even more damage) and informational measure (it will let the person interviewing see the nature of the damage).

    The OP hasnt provided the relevant details of when they moved in. It could have been a few days ago or it could have been three years ago for all I know. All she said her father has signed a contract and her mother is unhappy. That would indicate it was recent, although the language problems could mean it is lost in translation and her mother only recently discovered this.

    Theres also no need for a prosecution or enforcement action as they simply refuse to repair if the items are covered by s11 as any term seeking to shift and evade this obligation is void. Until the OP's parent is interviewed and tenancy reviewed then you cannot say much about what the true situation is.
    Hi, I can confirm that we have lived in this house for almost 3 years and my dad received the copy of the contract yesterday. The landlord did a routine inspection recently and she gave him that contract to sign. My mum read it this evening.
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    (Original post by Anonymous)
    Hi, I can confirm that we have lived in this house for almost 3 years and my dad received the copy of the contract yesterday. The landlord did a routine inspection recently and she gave him that contract to sign. My mum read it this evening.
    Take photos of the damage so you dont have to struggle explaining what the issue is over. It will save time.

    Book in to see either Shelter or CAB, but you can also contact the Council as Otto suggested, but imo they will refer you back to Shelter or CAB.

    Getting to sign a tenancy agreement sounds very strange and it would seem to me at least until the agreement was signed you were on a verbal agreement and the current agreement could not apply. I think the LL doesnt know what they are doing.

    http://england.shelter.org.uk/get_ad...rivate_renting

    You talk about additional damage to the property. Internal damage is your parents responsibility if you have caused it. You may now be in dispute if you say you havent and the LL says you have i.e the cupboards. The LL can quite rightly seek compensation and the normal way is to deduct it from your deposit. This is the same in all tenancies.

    Go and get a Housing worker to sort this out for you.
 
 
 
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