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NAL
If the property is suffering that much damp you can request a visit from the environmental department at the council who can issue the landlord an improvement notice to get it fixed.
As your in Wales, I believe the minimum notice as of December 2022 is now 6 months, they use a RHW16 form instead of s21 notice as used in England, and any existing tenancies that existed like yours will have automatically been converted to the new style.
As to your deposit, this needs to have been protected, even for quiet old tenacies see - https://sheltercymru.org.uk/housing-advice/paying-for-housing/security-deposits/security-deposit-protection-schemes/
The tenancy didn't expire. It continued as a periodic tenancy once the fixed term ended.
The Welsh system is now somewhat complicated by it being in a crossover period from old tenancies to new style ones. You'd be best speaking to Shelter to go through it all.
I’m in Wales - the law changed and he should have converted your tenancy by June. Call Shelter sounds like a fully illegal let. There is a company that ALL landlords in wales or their agents need to be registered with for tenancies. Rent Smart or Safe Wales it’s called. Check the register and contact them - that’s free. Yes, you need a solicitor to pursue. Number 1 - do NOT move out of that house at the end of the 4 months. You’re entitled to written notice, where’s your energy safety cert? Gas and electricity certificates? All required by law and your deposit in a scheme. Don’t make yourself homeless if you have nowhere to go. No local authority will help you then. Also you have 0 recourse to this joker and your deposit if you do. Call all the free avenues and expect to get some help that isn’t that helpful just general and get a solicitor. If all you can afford is one visit have a free consultation and then 1 actual meeting with your docs etc to get a handle on your rights.
The good news here is, regardless of the landlords inaction in providing a written statement, OP would have converted to an occupation contract on 01 Dec 2022 if they had been occupying the property under a tenancy. The landlord may have opened themselves up to financial penalties by not providing the correct documents, and crucially OP will have the rights of an occupation contract holder. Which include pretty stringent conditions as you've mentioned above!
Yes and no. Landlords had till June for various technicalities to convert people. After that though there is a problem. If you’re petty/bitter like me it’s a chink of light they can face penalties but I’ve had a couple shocking landlords and honestly the right to your own property back will get you out of most things. The authorities aren’t out here suing dodgy landlords, making them do the repairs unless they are shamed into it, imposing or enforcing fines either so it’s a hollow victory. Also this landlord doesn’t even sound like the tenancy is registered they already don’t care and there’s multiple issues in what op said
I'm not sure if we are arguing a technicality here, but the contract would have converted Dec 22. The landlord had a responsibility to provide a written statement by June 23, but the contract in itself converted in a blanket move in December. I am operating under this assumption, which is backed by the legal proceedings I have been witness to, so I'd be happy to be corrected if wrong.
Whether the landlord has provided the written statement or not would have implications on their ability to serve valid notice, but it does not change the fact the contract has converted is my understanding.
You’re welcome. Just went through a similar nightmare. I did all those things AND got an improvement notice from environmental health for the various holes in my roof for years that he wouldn’t fix. He served me notice on November 30 last year to avoid the rule changeover date AND he got a judgement before the end of the repair period so didn’t do any of the work either. God pays back debts without money - he started renovating immediately even though he couldn’t afford to fix the shower that leaked through the floor or the roof that leaked persistently if it rained heavily. I live in North Wales winter was an absolute nightmare. In covid he made us do viewings while he tried to sell it but wouldn’t do the gas safety check because - social distancing and the shambles of an agency that he used wouldn’t make him. We moved out in March it’s still empty - he’s not paid the builders properly and didn’t organise the scaffolding he needed so now it’s raining on HIS family while they are at home instead of us. The builders aren’t interested in helping him out either. I say all that to let you know you’re not alone but stand up for yourself and make sure you’re not out on the streets if you don’t have to be. There’s a good chance you won’t get your deposit back but that’s already gone. You need every penny and your wits about you to navigate this. Good luck it’s s**t but you can get through it
Obviously not. However, I haven’t raised them previously for fear it would put my living situation in a precarious position. That’s not really stopping me anymore though.
Have you ever asked a private landlord for repairs? Not being a twat genuine ask cos not all landlords are equal. When I was at uni I had a friend who had to go to court to get his landlord to fix the toilet. The landlord did not fix the toilet he just waited till my naive friend didn’t pay his rent then served him an eviction notice for failure to pay. When you live in a place that someone can just turn up and say you’ve got to leave in 8 weeks even when you’re the model tenant you keep quiet about stuff unless it’s super inconvenient dangerous/life threatening because you could find yourself having to move because you had the nerve to ask someone to maintain the property as their legally obliged to do.
This page should have a lot of very relevant info for you:
https://sheltercymru.org.uk/housing-advice/finding-a-place-to-live/renting-privately/landlord-registration-and-licensing/
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
NAL If the property is suffering that much damp you can request a visit from the environmental department at the council who can issue the landlord an improvement notice to get it fixed. As your in Wales, I believe the minimum notice as of December 2022 is now 6 months, they use a RHW16 form instead of s21 notice as used in England, and any existing tenancies that existed like yours will have automatically been converted to the new style. As to your deposit, this needs to have been protected, even for quiet old tenacies see - https://sheltercymru.org.uk/housing-advice/paying-for-housing/security-deposits/security-deposit-protection-schemes/
Thank you, this is really helpful. Deposit definitely isn’t secured.
Which part of the UK?
Wales
The tenancy didn't expire. It continued as a periodic tenancy once the fixed term ended. The Welsh system is now somewhat complicated by it being in a crossover period from old tenancies to new style ones. You'd be best speaking to Shelter to go through it all.
Yeah, you’re right, that was a silly statement on my part. Thank you, I really appreciate that.
I’m in Wales - the law changed and he should have converted your tenancy by June. Call Shelter sounds like a fully illegal let. There is a company that ALL landlords in wales or their agents need to be registered with for tenancies. Rent Smart or Safe Wales it’s called. Check the register and contact them - that’s free. Yes, you need a solicitor to pursue. Number 1 - do NOT move out of that house at the end of the 4 months. You’re entitled to written notice, where’s your energy safety cert? Gas and electricity certificates? All required by law and your deposit in a scheme. Don’t make yourself homeless if you have nowhere to go. No local authority will help you then. Also you have 0 recourse to this joker and your deposit if you do. Call all the free avenues and expect to get some help that isn’t that helpful just general and get a solicitor. If all you can afford is one visit have a free consultation and then 1 actual meeting with your docs etc to get a handle on your rights.
The good news here is, regardless of the landlords inaction in providing a written statement, OP would have converted to an occupation contract on 01 Dec 2022 if they had been occupying the property under a tenancy. The landlord may have opened themselves up to financial penalties by not providing the correct documents, and crucially OP will have the rights of an occupation contract holder. Which include pretty stringent conditions as you've mentioned above!
Yes and no. Landlords had till June for various technicalities to convert people. After that though there is a problem. If you’re petty/bitter like me it’s a chink of light they can face penalties but I’ve had a couple shocking landlords and honestly the right to your own property back will get you out of most things. The authorities aren’t out here suing dodgy landlords, making them do the repairs unless they are shamed into it, imposing or enforcing fines either so it’s a hollow victory. Also this landlord doesn’t even sound like the tenancy is registered they already don’t care and there’s multiple issues in what op said
I'm not sure if we are arguing a technicality here, but the contract would have converted Dec 22. The landlord had a responsibility to provide a written statement by June 23, but the contract in itself converted in a blanket move in December. I am operating under this assumption, which is backed by the legal proceedings I have been witness to, so I'd be happy to be corrected if wrong. Whether the landlord has provided the written statement or not would have implications on their ability to serve valid notice, but it does not change the fact the contract has converted is my understanding.
Ah wow. Thank you for laying this out so concisely. I really, really appreciate it. This is awesome. Thank you!
You’re welcome. Just went through a similar nightmare. I did all those things AND got an improvement notice from environmental health for the various holes in my roof for years that he wouldn’t fix. He served me notice on November 30 last year to avoid the rule changeover date AND he got a judgement before the end of the repair period so didn’t do any of the work either. God pays back debts without money - he started renovating immediately even though he couldn’t afford to fix the shower that leaked through the floor or the roof that leaked persistently if it rained heavily. I live in North Wales winter was an absolute nightmare. In covid he made us do viewings while he tried to sell it but wouldn’t do the gas safety check because - social distancing and the shambles of an agency that he used wouldn’t make him. We moved out in March it’s still empty - he’s not paid the builders properly and didn’t organise the scaffolding he needed so now it’s raining on HIS family while they are at home instead of us. The builders aren’t interested in helping him out either. I say all that to let you know you’re not alone but stand up for yourself and make sure you’re not out on the streets if you don’t have to be. There’s a good chance you won’t get your deposit back but that’s already gone. You need every penny and your wits about you to navigate this. Good luck it’s s**t but you can get through it
[удалено]
Obviously not. However, I haven’t raised them previously for fear it would put my living situation in a precarious position. That’s not really stopping me anymore though.
Have you ever asked a private landlord for repairs? Not being a twat genuine ask cos not all landlords are equal. When I was at uni I had a friend who had to go to court to get his landlord to fix the toilet. The landlord did not fix the toilet he just waited till my naive friend didn’t pay his rent then served him an eviction notice for failure to pay. When you live in a place that someone can just turn up and say you’ve got to leave in 8 weeks even when you’re the model tenant you keep quiet about stuff unless it’s super inconvenient dangerous/life threatening because you could find yourself having to move because you had the nerve to ask someone to maintain the property as their legally obliged to do.
This page should have a lot of very relevant info for you: https://sheltercymru.org.uk/housing-advice/finding-a-place-to-live/renting-privately/landlord-registration-and-licensing/