House about to be repossesed and no PRTB registration

[andy]

So the back ground:
House belong to a landlord living abroad and we knew the family who renting the property but we dealt direct with an estate agent. The estate agent played us a little by originally saying 1100 p/m but at the last minute it went to 1300 p/m due to other interest from other possible tenants but by this time it was too late our stuff was packed and we signed into the lease and later found out this was not true but a good business tactic by the estate agent on behalf of their client (our landlord),bare in mind this estate agent would be a big enough player in the market.

When we moved in the house was unclean and the walls were in bad need of a repaint so we offered to put in the labour of landlord chosen colours but it was declined. That set of alarm bells in my head but every landlord is different so I put it to one side.

Several issues have popped up in the house with maintenance which were partially fixed by landlord via the estate agent.



Now todays story
About a month ago my partner lost her job and we went to the estate agent and explained our situation and after a week or two we were told that the estate agent has informed the landlord the rents are on the way up and that they will actually be seeking an increase in rent, we were devastated but its the landlords house to do what they want with and its out of our hands.

Our heating bills have been very high and we were never supplied with a BER which I found very odd. Today there was a water leak in the attic and we had to access the attic (normally locked by the landlord) only to find a large hole between the roof and brick work and felt fallen from the roof tiles in the attic basically meaning the attic was a major influence on the heat retention in the house.

Now down to the money:
A local credit union debt collector has knocked to property looking to speak to the landlord but obviously as they are out of the country so that was the first alarm bell.

A short time later a rep from the bank arrears department called in and told us the mortgage was 25k in arrears but when I identified myself as the tenant he apologies and would no discuss the arrears to which I completely understand under data protection etc.

We have last week been told that the landlord is deemed to be non compliant with the mortgage and the banks will begin legal proceedings to repossess the house.

This set of alarm bells in my head as my current lease is due to expire in two months time so I wanted to seek advice from the PTRB only to find out the house is not registered as a rental property at all.

What next?
What I am asking is what should I do next? I don't want to uproot my family but I feel the landlord nor the estate agent has been fair and have now acted outside the law by not actually registering the tenancy. I could report the landlord I guess but is my lease null and void and it was not registered with the PTRB. people are telling me to put my rent money aside until this is all official as I may not even get my deposit back especially if the bank step in.. however is it really worth staying on at this address?

 

[Brendan Burgess]

however is it really worth staying on at this address?

It seems clear to me that it is not. You have had a number of issues. They are putting up the rent. The house may well be repossessed anyway. A landlord who is not paying his mortgage is unlikely to maintain the property well.

Give notice now to the agent. Tell them that you won't be paying the last month as you have discovered that the house is not PRTB registered.

If the landlord or agent wants you to stay on, then ask for the house to be fixed and the rent to be reduced.

Brendan

 

[Bronte]

Tell them that you won't be paying the last month as you have discovered that the house is not PRTB registered.

The tenant cannot do that. It's a matter for the landlord and the PRTB, not a matter for the tenant and the landlord.

Andy I'm not at all sure why you took the house when it was in such a bad way, but it's not clear what you now want. Report the landlord to the PRTB by all means, not that I think that will do any good, seems to me your landlord has bigger problems than the PRTB, the PRTB will probably not do anything or will take so long that it's a complete waste of time, plus the landlord is abroad.

No your lease is not null and void because of non registration with the PRTB.

You mention you can not afford an increased rent. Did the PRTB advise you of your rights in that situation. Landlords are allowed to increase rents along market increases. Is the leak and roof repair going to be repaired promptly? Would you not be better off somewhere else or is it a matter of being priced out of the market and you're willing to put up with the house as is?

I agree that in relation to the bank seeking repossession, the fact there is also a credit union debt collector, an absent landlord, who is abroad, that you are highly unlikely to get your deposit back. For that you can do what most tenants seem to do.

 

[Brendan Burgess]

Hi Bronte

You seem to be agreeing with me and disagreeing with me in the same post?

There is a great risk that he won't get his deposit back.
He can't go to the PRTB to help him get his deposit back.
Therefore he should take it back by withholding the last month's rent.

This is probably a breach of the lease, but so what? The landlord can hardly go to the PRTB to get it back. And the landlord is not losing anything as andy appears to be responsible.

Brendan

 

[Bronte]

Sorry BB I thought you told him not to pay any rent, not just the last month, I must have misread your post. But the reason for not paying the last month is not because he's not PRTB registered, it's because of the real likelyhood that he will not get his deposit back. Legally of course that's not a reason for not paying but one has to deal in realities.

 

[round1]

It is not a problem for a tenant if the landlord has not registered the tenancy with the PRTB (as legally required), as tenants can still approach the PRTB for dispute resolution.