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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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There, I am currently renting a flat, and there are a

Customer Question

Hi there,
I am currently renting a flat, and there are a number of issues with the property.
There are steps leading up to the flat, and they are cracked and eroded in places, and I have to be very careful when going up the stairs. Furthermore the garden is overgrown.
My landlord is not the owner of the property, it has been sub-let
I have told them about the issues many time.
However when I have signed the deed, there is a clause which says "The Licensee must keep the property in good repair and keep the garden and exterior in good order and condition".
Is there anything I can do to get the repairs done?
Submitted: 1 year ago.
Category: Property Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm this relates to England or Wales please?Do you occupy the property exclusively - i.e. do not share with the landlord?
Customer: replied 1 year ago.

This relates to England

Customer: replied 1 year ago.

Furthermore I have sole occupancy

Customer: replied 1 year ago.

A search at Land Registry has revealed that my landlord - who are Townlers are not the freeholders. They actually have the property on a licence from the local authority pending redevelopment or possible demolition. I just think they do not want to spend money,

Expert:  Joshua replied 1 year ago.
Thank you. Based on what you say if you are occupying the property as your primary residence and they are not providing you with any services such as cleaning or cooking etc you have an assured shorthold tenancy agreement regardless of what they licence agreement you have signed claims itself to be. An AST carries with it a minimum 6 month term of security of tenure should you want it.In terms of the issues you are experiencing, s11 Landlord and Tenant Act 1985 provides that the Landlord is responsible for maintaining the structure of the property which would include the steps. You may consider pointing out his statutory responsibility to maintain the steps under the above s11 and invite him to do so without further delay. If he refuses, you can ask the council to carry out a housing health and safety rating system inspection which is an inspection that the council has the power to carry out to ensure the property meets its extensive requirements - these can be found here - they go much further than just guttering as you will see.https://www.gov.uk/government/publications/hhsrs-operating-guidance-housing-act-2004-guidance-about-inspections-and-assessment-of-hazards-given-under-section-9The only obvious risk to you in respect is if you have already been in the property for 4 months or more the landlord has the right to serve two months notice upon you to end your tenancy or if you ave not he can do so to coincide with your 6 month minimum term. He does not need a reason or excuse in order to do this because the landlord has the legal right to recover possession of the property subject only to 2 months notice following the end of any fixed period of your tenancy (here six months unless your agreement provides for longer). However, if you are good paying tenant there is no business reason the landlord should seek to evict you. I do wonder if he has permission to sublet from the freeholder.As regards ***** ***** the landlord has no duty to maintain the garden in statute nor to provide the garden otherwise than in the condition it was when you began the tenancy unless it is dangerous or a health hazard. If the tenancy does not require you to then there is equally no duty to maintain. if the tenancy does require you to maintain the garden under its terms as you suggest it does, you are not required to improve the garden beyond the state it was in when you moved in though ideally you would take some evidence of the state of the garden so that you can show the condition it was in when you moved in in case of any future dispute. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.

Thank you for your advice! I appreciate it.

However is there anything that my landlord can do?

Expert:  Joshua replied 1 year ago.
A pleasure. May I clarify - is there anything your landlord can do about which issue please? We have discussed more than one above.
Customer: replied 1 year ago.

Well can my landlord refuse to cooperate?

And if he does not then how can he be liable for any action?

Expert:  Joshua replied 1 year ago.
Thank you fo the clarification. The landlord cannot refuse to cooperate with regards ***** ***** steps because you can if you wish involve the council's HHSRS inspection team who can serve a legally inforceable improvement notice on your landlord and if he ignores it they can either carry out the work themselves and pass the cost on to the landlord or they can prosecute the landlord for non compliance. It is a criminal offence to ignore an HHSRS improvement notice.You could also take your own action in the county courts but this is generally a greater hassle then involving the councils inspection teams as they will typically carry out the work to require the landlords compliance for you.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I would also like to know if there any available remedies

Expert:  Joshua replied 1 year ago.
Are you able to kindly clarify your question please?Remedies for what specifically and what sort of remedy yare you thinking of?

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