Hello, I am a solicitor with 20 years experience. I will try to help you with this.
what is you tenancy status? Am I right in thinking that you are assured shorthold tenants whose fixed term has expired?
yes that is correct it expired after 12 months but he never despite asking him sent a updated agreement
Ok it will be very hard for you to enforce your rights then. Your landlord is entitled to seek possession by simply giving you 2 months notice that he intends to do so. In theory he may well be in breach of his repairing duties if the damp is partly caused by structural/exterior defects or if it is caused by malfunctioning equipment. If it is simply caused by a lack of ventilation then he will to be in breach of his repairing obligations but you may be able to enforce with the help of Environmental Health Officers if the mould and condensation represents a health hazard (which it probably does).
am I within my rights to hold back the rent as its his responsibility to make repairs.
As far as the electricity and gas checks are concerned he should have carried these out but if you have not suffered harm as a result you can not make a clam for compensation. The sad truth is that if you were to take legal action over any of these issues the standard landlord response is to serve a notice seeking possession, get you out, repaint and then get some other person in to suffer as you are.
can I withhold rent. We made the house liveable when we moved in. All repairs and improvements have been done by us. The boiler broke in march he came round and fiddled with it although he is not gas safe. Also 3 months after this it was still not repaired so I had to replace the boiler and took it out of his rent as we were living with no hot water with at the time a 12 month baby.
Strictly speaking no. Also condensation (as opposed to structural damp) may not be something that he is under a contractual duty to remedy. ie it is not clear that it is his duty to remedy the problems. Also he will undoubtedly retaliate in the way suggested. How much deposit have you paid and is it in a deposit guarantee scheme?
we didn't pay a deposit as we had to do approximately £1000 worth of work to the house before it was even liveable
Oh, well what was the agreement abut that, were you to get that money back at the end of the tenancy or did you just improve the property? I don't think in the absence of any other agreements that this will alter things.