I want my tenancy to remain periodic but …

Reply to the comment left by "Michelle Elaine" at "16/04/2014 - 13:27":

Take your time Michelle. Ignore the court cases referred to but for us all to give our best advice, the only main points you should be concerned with answering for us to help guide/advise you are (in no order of importance)
i) what repairs haven't been carried out
ii) was your deposit originally registered & were you provided with a deposit certificate & Prescribed Information sheet
iii) are the agents/landlord asking for an increase in rent
iv) If you are not in a position to move, how long are you likely to stay there
v) is there any particular reason you do not want to sign a new tenancy agreement
vi) have you by chance thought of asking the agent that you'll sign a new agreement (if that suits you of course) if the repairs are first satisfactorily carried out
vii) If we understand your circumstances as to why you can't move (assuming you're happy to post these in such a public forum) between us we may be able to give you advice & guidance on how to do so that you're not aware of.
There are other questions I'm sure that the others may pick up on but this is good for starters I guess.

To respond to everyone 🙂

When i first signed my tenancy it was for 6 months contract then it would be monthly and my deposit is in the Tenacy Deposit Scheme!!!! 😉
I am not in arreas with my rent or breached my tenancy, i have been asking for my windows (old slash ones) to be fixed as i cannot shut them properly or lock them, the response i got was the arogant handyman come to have a look and in his words (oh ok we will just put a bit of putty on them and there fine) to which i said there not, the wood is rotten and have gaps 2 fingers width wide, rattle and are falling apart, to which he just shrugged and said you wont get new windows!! When i showed him the DAMP its not condensation it is damp i have it im my bedroom, lounge and kitchen and none in the bathroom he didnt say anything apart from we will paint over it to which i was horrifed. Its only got worse in the last year. I did ask BEFORE i signed my contract if the windows were going to get fixed to which i was told yes in the summer they are being sorted so i did STUPID me sign and moved in, in April 2012. Nothing they said they would do has been done. I had a bad leek in the kitchen the pipes were totally blocked and they took 6 hours to send someone out, by the time the wood kitchen units were soaked and a few weeks later started to stink, told the agents and got nowhere so with my dads help i havet totally replaced the kitchen as it smelt like a swere, i also asked if i could replace the old enamel bath to put in a shower at my expense but he has refused so and wont replaced the bath. I have spoken to my neighbour this morning and he said he has had the same problem damp and windows but they just painted over his.
To answer the lady as to why i cant move, I was made redundant a year ago after losing my job on health grounds and have struggled since but despite that have never missed a rent payment!! A roof over my head is more inportant to me that having the lasts and up to date of anything to be honest. I have been trying to move but as soon as you tell someone your are currently on dss its inpossible despite my parents saying they would be a guarentor if i need them to. The response of some people has been offensive and rude doesnt even beggin. Im am trying but this latest tenancy thing has thrown me out as it just does not make sense to me. If i have missed anything out please ask and i will answer.

Reply to the comment left by "Michelle Elaine" at "16/04/2014 - 13:58":

Right Michelle....it does sound like you have a rotten landlord & agent. I would therefore not sign a new AST without these works being carried out satisfactorily. If still not actioned, as recommended in an earlier comment, you should advise them if the landlord does not sort the repairs you will go to EHO and ask for a full HHSRS (Housing Health & Safety Rating System) inspection visit. This should frighten them.
If not or you would still rather move, I can confirm that there are many landlords (of which I am one) who take on tenants on benefits with guarantors in particular & in fact many of my tenants are such as this & the best tenants I have, even those with no guarantors. Where are you living? I ask in case you're near any of my properties or colleagues of mine.
I hope the above helps.

I would not recommend that any tenant invokes HHSRS unless they have a decent amount of time left on a fixed term tenancy... that way the landlord cannot come along and instantly give you two months notice....

you can always get 2-3 quotes for the repairs, and send them to the landlord saying that you are willing to get them done and deduct the money from the rent if that is more convenient for him.....

inflammatory and challenging language in this situation will only make matters worse..... in spite of earlier failures of the landlord/agent try to stay rational and calm... if you are on periodic you are in a very vulnerable situation right now.

hi i have been in touch with the council who refered me to enviromental health and ive spoken to them explaining what i have put on here and they said they can send an inspector round and they can write a report to the landlord to ADVISE, they said but it does not guarentee the work will be done or i wont get served a section 21 or be given notice. That is what im scared off as i do want to move but dont want to be made homless and the council said they wouldn't be able to help and gave me names of hostel. Laura i dont think the building would pass the security check there damp patches in the hallway!! Also refering to the point about holding the rent. I was told that buy the council but they said as i get help i couldnt do that as it would be classed as fraud. Thats the last thing i need, my dad is a carpenter and has offered to do the windows with the right permission as the building grade 2 listed but got told no. Im stuck with ever way i move. Laura im in Dover and have been trying to move to Sittingbourne to be closer to my sister. But id consider a caravan or mobile home to get out of here to be honest.. Thank you all for your advice

Reply to the comment left by "Michelle Elaine" at "16/04/2014 - 15:40":

Hi Michelle

There is a website which specialises in advertising properties for landlords who will accept DSS Tenants, see >>> http://www.dssmove.co.uk/

When you do find a new pleace I hope you unleash the hounds of hell on your scumbag landlord and that's coming from a GOOD landlord, not a landlord hater as you often find commenting on the articles in the Daily Mail.

Landlords like yours earn good landlords like us a bad reputation. I used to be proud to say I am a landlord and (@iAmAlandlord) is even my Twitter handle. These days though I have to consider the company I'm in before I reveal my profession and that just can't be right.

I stand by the advice I gave to you in my very first comment on this thread though. Use the draft letter I offered, I'll bet a pound to a penny that your letting agent didn't serve Prescribed Information when your fix term tenancy rolled onto becoming a monthly periodic tenancy. On this basis their section 21 notice will not be enforceable in a Court of law so they will not be able to get you out providing you keep paying your rent and sticking to the terms of the tenancy. If they evict you illegally you will be able to sue them for thousands, probably enough to buy yourself a caravan!

I also recommend you contact an anti landlord, propaganda machine which masquerades itself as a housing charity - they are called Shelter. They don't actually provide housing but they do seem to hate all landlords so they will love you and help you as much as they can given that people in your situation help them to justify their existence. They will not find you a new home but they will make your landlords life a misery for a while if it's retribution and possibly even compensation you're looking for!
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Reply to the comment left by "Michelle Elaine" at "16/04/2014 - 15:40":

Totally agree with everything Mark says. Call Shelter etc & look at the dssmove site.

I would however suggest you again talk to Dover Council as a draft from the window gaps of 2 fingers wide is a massive gap which not only results in loss of heat but could cause considerable ill health from what I can only assume must be a wind let alone a draft coming through.As can condensation that turns to mould (spoors in the air from mould can cause severe breathing problems) which must be as a result of a fault in the fabric of the building and not your lifestyle as there's obviously plenty of ventilation!!! The Dover Council website states:-
What action can the council take over disrepair?
The council's environmental health department will only take further action if they agree that the problems are harmful to health or cause a nuisance to others.

In most cases, environmental health will give your landlord an abatement notice. This is a legal document ordering your landlord to put the problem right and setting a time limit by which any works must be completed. If your landlord still doesn't do the work, the environmental health department can:

- do the repairs themselves and charge your landlord for the work, or
- take your landlord to court – the court can order your landlord to do the work and/or fine them up to £5,000.
In some cases, the environmental health department may send your landlord an informal notice first, warning that further action will be taken if they don't get the repairs done within a certain amount of time.

Additionally Michelle, if your Landlord is this tight, you can apply for the Green Deal to replace windows as well as insulate walls etc & in particular if on benefits (all need your landlords permission but if refused he has a lot of answering to give). We've just got new double glazing approved for one property & new boilers for two other properties through MITIE that Green Deal put us on to. Go to http://thegreendeal.co.uk/faq/ as your questions will be answered here & you can then call them & chat through everything. Your Landlord should be delighted to go this route as it costs him nothing if the repairs are approved following a free assessment.

Lastly, in addition to Mark's suggestion, I gues you have but thought to ask if you have you spoken with Swale Housing Office? If not, give them a call on Housing Options team on 01795 417622.

Good luck. You deserve some magic dust.

the HHSRS report which the council will produce after their visit will list the repairs they see as being needed under 2 risk categories - compulsory and advisory.... if an individual repair comes under the latter - the landlord does not have to do them, If the former he does. If he does not then yes the council can do them and charge the landlord.... but this is a very long winded process. Because this is a listed building I suspect the landlord is faced with extra expense for compliant repairs. If I was a tenant there I would be looking for somewhere to move every day of the week... If you look hard enough someone will take you.

When you go to viewings, take bank statements which prove you have paid rent in full over a long period, take personal references, take details of a guarantor and a signed letter from them saying they will act as guarantor... As a benefit tenant you will need to stand out from the crowd in terms of showing that you are responsible and a good tenant. Be proactive ... good luck

Reply to the comment left by "All BankersAreBarstewards Smith" at "16/04/2014 - 16:47":

All very good advice, this would certainly help to convince me.
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thank you all for your help, i will go back to dover council and see what they say, and yes i have been in touch with Swale council but no luck they carnt help they refered me back to dover as i havent lived in the Swale area for 4-5 years. And yes i dont have a shortage of ventilation from the windows and not point having the night storage heaters on, i have 13ft high ceiling and they dont make a differents that was the other thing they were going to change/update and the old emergtion water tank, i wouldnt get double glazing as its an old grade 2 listed victorian building they would have to be replaced with slash windows.. I do keep looking on dssmove but didnt know about Shelter. I can provide proof that i have paid and will make a folder up just incase my luck changes and Laura sprinkle of dust works 😉 once again thank all that has helped nice to know i was right on some things let see how it goes. Fingers crossed. Thank you all 🙂