Cat 1 failed eicr but wants to evict me when I asked for work to be done

Help I have rented a property for almost 6months. Epc was only done after 4 months this was because I kept asking for it to be done also I have been asking for the eicr to be done LL told us in one breathe it hadn’t been done then another awaiting certificates. the electrician came around to check lights but I said I feel the lights keep blowing due to faulty electrics he then informs me he did a report prior to me moving in it was unsatisfactory. There is no earth connection to the house I have a shower with no isolation, interior sockets where there should be exterior. The electrician told us the LL refused to let him test outside so we showed him the shed and outside electrics to which he has now condemned as a cat 1 the house is basically a death trap. LL is claiming she didn’t know that work needed doing and as we have now proposed a hold of rent untill work is done this includes bedroom roof leaking since feb she is now wanting to issue an section 21. What do I do. Why do you need to legally give a tenant a satisfactory eicr but LL can evict without one this contradicts each other. All I want is my house to be safe but been asking for 6 months and keep getting told lies or empty promises

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You need to look on Shelters site for Revenge Eviction guidance. I can’t post the link here as will take ages to appear but if you internet search this, it will come up.

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You should not be withholding rent. This will work against you.

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In that case, I have to ask, why did you rent a property you knew had no EPC or valid EICR?

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We didn’t know they told us they hadn’t had certificates yet they lied to us. We were almost homeless beforehand we asked for the reports and they told us they will give us the certificates got to a point if I didn’t move in me my husband and 2 children would be homeless. So I gave them the benefit of the doubt but wasn’t expecting them to lie to me about it. We knew them from the village and as far as we were aware were honest people. Unfortunately yes it’s a lesson learned but I didn’t really have much of a choice but was told it was all fine

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We have been told by a friend who’s an estate agent and his legal team as long as you have notified them of withholding rent and you keep it in a separate account to transfer as soon as work is done it’s fine as trading standards would advice this

I am currently in contact with the council about when a section 21 is given to me going down the process of retaliatory eviction

Are you renting directly from the landlord?

It’s a bit worrying that the LL send not to understand that passing you a copy of the satisfactory EICR is required when The tenancy starts

Find somewhere else! This LL is never going to be a good LL & your property is unsafe! Find somewhere else as soon as possible & reportage LL to the council.

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Unfortunately I have been looking since we moved in and nothing has come available just spoken to citizens advice and he even admitted that it’s u fortunate that landlords have more rights than tenants

Yes private rent £1200 per month I have a en-suit that smells of sewer, bedroom roof leaking on our bed, dangerous electrics no earth to the house mould in a few rooms and I live in a little village she thinks that my rent reflects what I’m getting

This is a bad bad landlord. the sort who gets good landlords a bad name, forces the government to bring in punitive legislation that hurts good landlords and is ignored by bad landlords and allows the media to have a heyday pushing their myth that all tenants are hard working families and all landlords are greedy evil bogeymen.

GO TO SHELTER, I would not normally recommend this as they are totally biased towards tenants but this landlord deserves it.

I do hope everything works out for you and you can find somewhere decent to live.

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EPC has zero to do with safety

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The environment within a property has no impact on the health of the occupants? :thinking:

EPC is nothing to do with environment within a home, its just a measure of how relatively costly it will be to run in terms of heating, hence has to be disclosed upfront in marketing stage so people understand the cost of what they are getting involved in before signing contract. Perhaps we can have yet another certificate for the environment in the home covering damp, ventilation, mould, etc…

So your living in a house that has dangerous electrics but your happy to stay there as long as you can withhold the rent. So your putting money before your safety ( electricity can kill you ). Something doesnt sound right here.
If its that dangerous switch the electricity off and ask the LL to send an electrician if they refuse get onto the council.

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You’ve just implied that “heating” has “nothing to do with environment within a home”. Perhaps you didn’t intend that, but that’s how the statement reads.

An EPC is a measure of energy performance by definition. The lower it is, the more energy it takes to maintain an environment that is safe for people to live in and the greater the impact on the global environment (and therefore everyone’s safety) from attempting to maintain that.

This environmental cost (both within the property and globally) are the reasons why homes below an E rating cannot be let legally. We know it’s not solely an issue of economic cost because the government is more than happy for us to pay over the odds for pretty much everything else.

We don’t need another one. We already have EPCs, and there’s a direct correlation between homes with a high EPC rating, the safety of the environment within and the safety of the wider environment as a result.

This is tricky!

It sound as if you have have a very poor landlord. You can make a complaint on the ground of the lack of an Electrical safety cert. If they are using open rent they will have have been asked if they had one
so may even have lied and misrepresented that they had one

You have done right to suggest to your landlord that they agree to you withhold rent until the work is done with full repayment on completion (maybe in return for giving you them time before you report their failure)

But be careful not to withhold rent without their written agreement - withholding rent deliberately puts you in “breech of contract” and removes many of your tenant rights and protections in an assured shorthold tenancy and makes it much much harder and maybe impossible to contest an unfair notice to quit !

You will also be liable for interest currently at 8.25 % p.a on and late payments unless repayed with 14 days.

THis is why Shelter and others advise against deliberately withholding rent.

Hope this helps

Mark (currently a private landlord but have also been a tenant , a homeowner, a short term homeless person, and an on the board of a housing association, and supporting council tenants in their appeals in a voluntary capacity , as well a being a good neighbour to council tenants and helping mop up overflowing sewage when their workers refuded to do it! I’ve definitely seen all sides of the housing debate ! )

You need to ensure you have all the documents a landlord should provide. Shelter will advise.

I just find it difficult to believe that a landlord would let a property without any certificates. I thought Open Rent would ask for these documents. I know my agent do and they very kindly attach them to the AST for the tenants to sign them, confirming receipt of them all. As someone already stated that some landlords are bad ones and give good ones a bad name and result in too much unnecessary legislation.

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