Thanks for your reply. Ive found there's arent recovery order that can be enacted. This is only for 12 months rental. Landlord not replying to letters (theres been three) Gas engineer sent by rental agency, so ,yes, gas safe. Council are aware of gas issues. Landlord still not complying with order. Its pretty crap being a tennant as the whole system is completely against you. You get ZERO help with obvious issues. No wonder landlords are never fix anything as they know there's no theres no penalties for not bothering. They can just collect the rent. Id be better off as a dog, at least the RSPCA would intervene

Hi all, Is there a precedent for claiming back rent paid? The gas system has been condemned by an independent surveyor . The same 'gas safe' guy has been passing this place off from day one. The independent chap has categorically said the system has been in disrepair from day one as its installed incorrectly. He has turned off the gas fire. The oven is leaking. Also the combi boiler has a leaking flue and hasnt been serviced. Any help would be great.

I do have two separate courses with councillors in 2020 and 2021. Due to NHS being overloaded. Sadly, I've done little since due to the enormity of it all.

Dear Stu, Thank you for the in depth reply. Very helpful and guiding for others in the future. Right to the questions! Question time??? 1. When did your Tenancy Start and what type of Tenancy and the period it was for? July 2019. Six month. Then Covid hit and I signed an Assured shorthold 12 month. This was the last contract signed. 2. Did you have to pay a Deposit and if so is it protected in a Tenancy Deposit Scheme and you were given a copy of the Prescribed Terms of that Scheme? Yes, and yes. 3. Were you given a Copy of the How to Rent Booklet? Not sure? 4. When did you complaint to the Council of the Disrepair and when did they is the Section 2 Notice to the Landlord? First complaint was last year. Guy caIled about July. Just in time to see the starlings fledging from roof. He left, new guy took it up. Gave me templates to send to landlord. They were ignored. Hr went on longterm sick. Followed up start of winter. New officer came. Section 2 served 16.12.22 5. Do you have Contents Insurance for the Property? (as irrespective of whether this is Private Housing or Social Housing you should have Contents Insurance to cover your belongings) Yes, I do. 6. Are you at present still living in the same Property? (if so when have you not looked for alternative accommodations as the COVID-19 restriction are lifted I am. Ive looked for property, but with the Ukriane issue and lack of supply ,theres little to choose from. As mentioned, Ive had a few issues along the way too. Im currently still looking, but as I've made it through yet another winter, things do improve in the summer when the property dries out. Im also caring for my father, who has dementia. Hes currently independently living, but I need to live close by really, to effect that situation . As for property. I've constantly emailed the letting agency with pictures. Theres obviously the evidence in house that the council also photographed for the report. Regards. HOUSING ACT 2004 PART 1-SECTION 29 HAZARD AWARENESS NOTICE You are the owner of the dwelling detailed below ('the premises'). ('the Council') is satisfied that Category 2 hazards exist on the premises and is further satisfied that no Management Order is in force in relation to the premises under Chapter 1 or 2 of Part 4 of the Housing Act 2004. The hazard(s) and the deficiencies that give rise to them are specified in Schedule 1 to this notice. Under section 29(2) of the Housing Act 2004 the Council advises you of the existence of these Category 2 hazards and whilst not requiring you to carry out any works, advises you that it considers the works specified in Schedule 2 to this Notice to be practical and appropriate remedial action to be taken in relation to the hazard(s). The Council considers the service of this Hazard Awareness Notice as the most appropriate course of action under Section 7(2) of the Housing Act 2004 for the reasons stated in the attached statement of reasons. Signed Date: 16th December 2022 (Authorised on behalf o notice) cil House, PLEASE NOTE This Document is very important. You need to understand and comply with the terms of the notice to avoid prosecution. Further notes on the notice can be found on the final page of this document Further to an inspection at the above property, please find enclosed with this letter a copy of a Hazard Awareness Notice served in relation to your property under sections 28 and 29 of the Housing Act 2004. If you have any enquiries in relation to this matter I can be contacted on the above details. Please quote the reference in any correspondence. Yours sincerely Environmental Health Officer I think that covers the correspondence. Regards

Hi, Thank you for the reply. The issues didn't really present themselves till after the first winter. I then, unfortunately, was diagnosed with kidney cancer. All bets were off really. I then pursued the letting agency again and landlord. Letters were ignored and the protraction of inaction by many sites really just lead to the time building up. Also, this is the first vindication of my situation since engaging all sides. The first documented agreement that I was correct. If you like. This gives me a pathway to begin recompense. I've contacted a civil solicitor, who said it would be £375 pet hour plus vat and that any compensation would be eaten up in fees. No win, no fee are similar in results. Hence why I wanted to do this myself and seek guidance on here, as I've found it to be the only platform that gives sound, solid advice. Regards Yes, you correct. There's a legal form of contract in paying the rent formed. I only added this point just to indicate there's no contact in place.

Dear All, Having real issues with a house Ive moved into . Been here over 3 years. There were damp/repair issues from the off. Complained to letting agancy , was given the run around for months on end. Went ot Acorn (was an existing member). They were short of staff/Covid/Changing staff. Tried the council. Officer left during investigation. New officer on long term sick. Finally get a visit. They've served a Section 2 notice for mould and disrepair issues on the property . Excellent ! I hear you say. Due to this issue taking so long, a lot of my property is damaged. Im looking at a section 21 being served. What can I do to get the landlord to compensate for my damaged items and for living in a property that isnt fit for habitation? My health has suffered, but not recorded at my GPs (covid busy) also, mentally, Ive suffered ude to the cold and psychological issues of having to watch my possessions deteriorate over time, again, not documented. I work for a living, so all rent is paid from my own pocket. Im aggrieved that I'm holding up my end of the deal, with rent etc, and the landlord and letting agency clearly are not. Theres no contract in place, the landlord was too tight to renew after the first year.

Just for people who need some hope. They settled out of court,prior to trial, satisfactorily. Keep the faith.

Well, I continued and they made an offer , which was refused. Its still to go to trial, early next year, but Im getting help and hopefully, it will resolve sooner rather than later.

Thanks Pusillanimous. It 'times out' in a week. Im just going to have to leave it there.

Hi Pusillanimous, I've looked into it, I have an expert witness who is very willing to give his expert opinion (he stated their assessment was 'absolute rubbish' ) I just cant afford to do it. I've got a quote of £3k for the whole thing, plus ,if I lose, they can claim cost from me. Bit crest fallen

I was discharged from the pension companies pay scheme, they were happy to let me go back to work. I had a 'Fit To Work' note from my GP, he examined me and was happy to let me go back to work. I had a letter from the consultant surgeon stating he'd put 'no restrictions ' on my return to work ......so this is just to underline the point at the tribunal.

Im seeing the knee surgeon tomorrow for a follow up. I can ask him to write a contrary letter challenging the decision for tribunal purposes. I was sacked on the grounds of 'capability' ,the OH report set ridiculous parameters which couldnt be for filled in any role. Thus, they had recourse to sack me. My knee has healed, the osteopath said he'd put 'no restrictions ' on my return to work .The employer has just used the knee repair to get rid of me. I'll explore more avenues tomorrow once I've had a chat with osteo. I have till 30/4/15 to file, so trying to garner as much supporting info as I can. I've explored many 'case file law' suits and it seems I do have a case. The union only work on a 70% chance of success ,so it might be worth me filing myself, its only £160.

Well, after consulting a few 'free' lawyers. They said I do not have a case. They admit, I've been treated incredibly shoddily, but they've covered themselves with the process. I cannot challenge the OH's assessment of the situation ass that's not part of the process. I did say 'she could say I have to walk around wit ha ball on my head and that wouldn't be challenged?' To which it was a 'medical professionals' opinion. I pointed out the contrary evidence from the consultant, the 2 MRI's 18 months apart showing no deterioration, the doctors note and the pension company being happy for me return. This means nothing as its their 'opinion' is based on the jobs role Ive lost a well paid job, I have a marker on my CV saying 'medically discharged' and there's nothing wrong with me . It stinks. Nearly six years down the drain .

Thanks Pusillanimous I know not to take the advice 'verbatim' ,its just throwing me a pointer in the right direction. I said to the guy at ACAS that its a lots of very nuanced information I'd be forgetting in six months time when this is all over Finding an initial starting point is a fine art. Your help is greatly appreciated and I'd never be daft enough to think that it was nay more than a little help from some kind soul. I'll begin my journey

Thanks Pusillanimous ! I have the forms from ACAS, but as for advice, Im short on that as the lawyers generally want £200 per hour, so at this time I don't want to go 'full steam'. Im aware of the time line, it comes to an end 30/3/15, as all to do. I think I get a month added when ACAS get involved. Im not sure about what to settle for? Is it time lost and wages (£35k+) or just time after my sick pay ran out or a complete 'loss of earnings and defamation' for giving me a medical discharge with little evidence.

Well canned with medical dismissal and the union suggested I pursue a tribunal. I sent of the legal-pack noting all the details, emails, poorly constructed rebuttals from OH, even the fact you cannot have a role where you're sat down for 75% of the shift and not lift 5Kg. All to no avail, the unions legal team basically quoted the OH stuff saying 'protecting the business' and 'its operational demands which will take a toll on my knee'. So Im basically left with no job, a 'medically dismissed' reference and no recourse to pursue How do they accommodate the people already employed with bad knees? Is everyone who has time off destined for the sack? Im now at a loss as for what to do?

We floated that on the table and got a 'you can forget that' reply. I've lost a well paid job here. All the medical evidence points to the contrary of what the employer is saying. I feel as though they should put a zero on the figure to commensurate for what Im actually losing here. I've done nothing wrong, I've complied with all requests from my employer, (medical disclosure, attending meetings when requested ,being generally very open) and Im now looking at getting punted in to the long grass due to a normal medical procedure ,which I came out of with no ill effects. It leaves a real bitter taste in my mouth when I think about it

Thanks Pusillanimous! I'm in her middle of an appeal now. They've stuck by their guns and glossed over the points above. It's adjourned til next week as the union guy blew holes in their OH assessment . So hopefully it won't time out. It looks as though getting my job back is a pipe dream they're looking at a settlement agreement. Roughly three months pay as I've had a lot of time paid for when off (even thought that wasnt through the kinder ness of my employer,rather it was out of my own pocket via the pension company) so the union guy said

Cheers EB!

Thanks again phaitun! sage advice indeed. This is exactly what I'd suspected...and sort of thought the union guy would be jumping all over company for breaching rules, but he seems quite relaxed on the matter. He doesn't work for my company ,he works directly for the union (not sure if I used 'rep' in right term?) which is why Im a bit concerned at 'laissez faire' attitude to proceedings. I have job specs off the works intranet (still have access) and there are guys the HR guy they openly admitted had knee problems doing the job already:( Also ,many of the drivers are approaching retirement, so I'd assume I'd have better health ? (not wanting to sound ageist, but trying to underline case)

Cant call legal plus as it has to go through the rep first. Or he'd say 'why did you do that? I was dealing with it'

Im going through an issue with work. Im finding the union is a little laid back. Nothing too major yet, but they're very reticent regarding action. Im a little worried they might be weak in the face of my Tribunal (They're the same ones who work with employees of a company which rhymes with 'Besco') I've been so worried ,I've approached a private company who do work on a 'fixed fee' basis. I can afford to go down the fixed fee route. I want to make sure my ex-employer really isn't left off the hook. Would anyone recommend a best route? Its the first time I've ever done this in 25 years of work. Im not asking for definitives, but in the face of an ineffectual union ,but with unlimited access to legal cover, or go for a fixed fee from a firm which I'll be the main focus ie. they'll be working directly for me. Are union legal cover as effective as paid private action?

I explained at my meeting 'pre-dismissal' that I'd like to stay within the company as the pension company has a deal where if you have to move jobs, they'd make up the difference on wage if it was a lower rate. I asked to be moved to two jobs, which we all agreed seemed within the remit of Occupational Healths requirements ,but once again they swung in and said 'no'. So basically dismissed on medical grounds. The union guy said I '...should be happy I've had so much time off' To which I said '..if they'd said there would be no hope of a return twelve months ago, I could have made better provision for my further,rather than being medically dismissed at the point of return' I also have the 'medically dismissed' black mark against me for future employ. This will definitely impede my chances of getting a decent job. Also, why would the pension company make provision for me over such a length of time if the company had no intention of redeploying/re-employing me? I've lodged an appeal ,which will be heard in a weeks time. We both think (me and the union guy) that they've not given me a fair crack of the whip at my old role. Even though the consultant has written to my employer basically saying there's nothing wrong with me. I kind of feel as though all trust has been broken between me and the employer. They basically feel as the role will be too demanding for my knee. Which is odd ,as they have guys 20 years my senior doing the same role with dodgy knees. So much so,they provided knee guards for when they have to bend down. Thanks for the link, I've read it with gusto!

Anyone?

So, can an employer dismiss you on medical grounds on 'perceived disability' one which doesnt exit outside of the Occupational Health nurses mind? Theres wear and tear in my knee, but nothing more than age and the deterioration has ceased between two MRI scans 18 months apart. Can I argue that if that is the case, it leads my ex-employer to require vetting of all new employees ,which in its self is illegal on disability grounds?