If living conditions in a rented house are unlivable, can you take the case to small claims court

[Windows9]

So my friend rented a property and paid for its first month. When he went in the wall paper was half ripped, some parts of the wall unpainted and it was damp and unlivable, so he told the landlord and the landlord said that he could not cancel the contract. Could we take this to small claims court and say the conditions were unlivable and get our deposit and previous rent back. I can upload a video of it here if needs be

Been paying rent for 2 months

Thanks

[minibois]

This is a tech forum, not an attorney's office.

You shouldn't depend on the answers here to make a decision in a legal case.

[Spotty]

8 minutes ago, Windows9 said:

When he went in the wall paper was half ripped, some parts of the wall unpainted and it was damp and unlivable

... and none of that damage was there when your friend inspected the property prior to signing the lease?

[Volbet]

I'm not an attorney, so don't take this as a actual legal advice

 

That's highly dependent on where you live, as the courts' dealings which such cases will vary depending on the jurisdiction you live in.

In general, small claims court will only take your case seriously if you can document a breach of contract. A rented home, which isn't habitable, can certainly be seen a breach of the tenant contract. However, you would probably have to document that the space is deemed uninhabitable by either municipal, state or federal agencies. If such a thing hasn't happened, or it isn't actually an uninhabitable space, it's an uphill battle. Renting out a shithole isn't necessarily a breach of a tenant contract, and as such it would have to be documented that a certain standard was a part of the contract or initial agreement.

 

You just saying that you can't live there isn't going to cut it in a court of law.

[Windows9]

24 minutes ago, Spotty said:

... and none of that damage was there when your friend inspected the property prior to signing the lease?

Never inspected, just paid

[Windows9]

5 minutes ago, Volbet said:

if you can document a breach of contract

The contract only said things we have to do, not things they shall provide

[Volbet]

29 minutes ago, Windows9 said:

The contract only said things we have to do, not things they shall provide

Wait, you signed a contract where your landlord isn't obligated to provide a tenancy?

 

In that case you would have to prove that the signed contract does give you tenancy of the property and that the property can't legally be used as a habitable space. How you go about doing this will depend on where you live.

[Windows9]

22 minutes ago, Volbet said:

Wait, you signed a contract where your landlord isn't obligated to provide a tenancy?

 

In that case you would have to prove that the signed contract does give you tenancy of the property and that the property can't legally be used as a habitable space. How you go about doing this will depend on where you live

The only thing we said is that we are allowed to "enjoy" the property while we pay for it

What does "enjoy" mean

[Windows9]

1 hour ago, minibois said:

This is a tech forum, not an attorney's office.

You shouldn't depend on the answers here to make a decision in a legal case.

Where else should I post

24 minutes ago, Volbet said:

How you go about doing this will depend on where you live.

I live in the UK

[Volbet]

36 minutes ago, Windows9 said:

The only thing we said is that we are allowed to "enjoy" the property while we pay for it

What does "enjoy" mean

My knowledge on UK tenancy law is minimal at best, so you're probably better off consulting a local attorney.

 

In common law, "enjoy", in the context of tenancy, refer to the right to quiet enjoyment. This just means that the landlord can't legally disturb you while you live in/on their property. If your landlord doesn't give you prior notice, you can legally have them removed from the property.

 

From the sound of it, you've signed a lease on dump that can't be terminated. This is a rather sticky situation to be in, which again goes to my advice of consulting an actual attorney.

[Kisai]

1 hour ago, Windows9 said:

So my friend rented a property and paid for its first month. When he went in the wall paper was half ripped, some parts of the wall unpainted and it was damp and unlivable, so he told the landlord and the landlord said that he could not cancel the contract. Could we take this to small claims court and say the conditions were unlivable and get our deposit and previous rent back. I can upload a video of it here if needs be

Been paying rent for 2 months

Thanks

Depending on your legal jurisdiction, the landlord can be held liable if fit an apartment is not safe, but landlords always win in these disputes because the tenant doesn't get a real lawyer involved that knows the loopholes in the state/province/city. So even if you win, you're likely going to pay it all to the lawyer.

 

Like in Canada, specifically BC, the rules are lopsided in favor of the landlord or tenant depending on how legal savvy they are. The rules are setup in a way that it's very hard to evict someone who doesn't complain, but if they complain, the landlord can use it as proof that the tenant is damaging the apartment and can evict them, and others in the building through a process known as renoviction. So people renting in a building rarely complain about trivial matters and only when like water is leaking or something in the common area (like laundry machines) are broken. The Laundry machines in my building are broken every few months, and since the building is going to be torn down relatively soon, the landlord doesn't like spending money. The mailboxes were broken into again, about a month ago, this time with mechanical damage to them that the postie couldn't open it.

 

It's kind of an unwritten rule to expect to lose your damage deposit through damage or cleaning claims, so don't even bother trying to repair or clean the unit if you're on bad terms with the landlord.

[Blue4130]

2 hours ago, Windows9 said:

Never inspected, just paid

Why? Why would you sign a lease/contract without looking at the property first? 

[Windows9]

37 minutes ago, Blue4130 said:

Why? Why would you sign a lease/contract without looking at the property first? 

I think they just showed pictures or something, happened to my friend not me

[Curious Pineapple]

Yes you can take the case to small claims, you can also inform the local council housing officer. Been through this myself. I'd assume it's a standard 6 month AST which gives some time to take matters further before the landlord can try a "revenge eviction" (been there myself).

 

Should have really inspected first but taking the matter to the local council would be a start. You need to make sure the deposit was placed in a protection scheme and there is a current gas safety certificate. If either case it not true the landlord can not start an eviction, nor can they try if the council is involved even after the first 6 months.

 

The property has to be safe for human habitation, and damp is certainly not safe, both health and building safety wise.

[harryk]

4 hours ago, Windows9 said:

... When he went in the wall paper was half ripped, some parts of the wall unpainted and it was damp and unlivable ...

As others have stated this depends heavily on the local jurisdiction but torn wallpaper or lack of paint hardly makes a place uninhabitable. Being damp maybe, but only if there is mold or some other provable hazard.

 

Generally speaking picking a fight with any landlord ends badly unless you get a lawyer and have an air-tight case. IMO the best you can do is tell the landlord you're moving out, stop paying rent, and lose whatever deposits you made. Take it as a lesson learned and move on with your life.

 

If it's something minor like paint you might be able to get the landlord to do something because losing a tenant likely costs them more than a bottom-rate paint job.

[Letgomyleghoe]

3 hours ago, Volbet said:

3 hours ago, Windows9 said:

 

My knowledge on UK tenancy law is minimal at best, so you're probably better off consulting a local attorney.

 

In common law, "enjoy", in the context of tenancy, refer to the right to quiet enjoyment. This just means that the landlord can't legally disturb you while you live in/on their property. If your landlord doesn't give you prior notice, you can legally have them removed from the property.

Afaik Uk can be very good about tenancy,  you can find mold or bed bugs you should have grounds to make a claim.

 

i would take pictures and have a lawyer come to take pictures Too.

[Windows9]

8 hours ago, Curious Pineapple said:

Yes you can take the case to small claims, you can also inform the local council housing officer. Been through this myself. I'd assume it's a standard 6 month AST which gives some time to take matters further before the landlord can try a "revenge eviction" (been there myself).

He doesn't even live there, he lives with me. He can't live there, He can barely breathe

[Windows9]

 

7 hours ago, Letgomyleghoe said:

i would take pictures and have a lawyer come to take pictures Too.

We've taken a video of the full house. The basement is the worse although that's not a huge deal as you're not really meant to live there

[Kilrah]

9 hours ago, Windows9 said:

I think they just showed pictures or something, happened to my friend not me

That's extremely stupid, easy to put fake pics that have nothing to do with the actual thing you're getting... and even then when it comes to apartments you often get a completely different "feel" for things in reality than on photos, you will often have photos well taken that seem to show something very spacious but once you get there it feels all cramped and there's no way you'd want to live there...

 

[Windows9]

Just now, Kilrah said:

That's extremely stupid, easy to put fake pics that have nothing to do with the actual thing you're getting... and even then when it comes to apartments you often get a completely different "feel" for things in reality than on photos, you will often have photos well taken that seem to show something very spacious but once you get there it feels all cramped...

Defo agree 100%

Do we have to pay for a scientific air quality inspection to take it to court. How much will that cost

[Kilrah]

Don't you have tenant associations or such in the UK that can help you with advice on the matter? 

[Gix7Fifty]

IMNAL, this is a classic case of buyers remorse (renting/leasing applies). You research your pc parts but your don't research your living arrangements?

[Windows9]

Just now, Kilrah said:

Don't you have tenant associations or such in the UK that can help you with advice on the matter?

I'm not too good with this kinda stuff but if anybody knows who could help, that would be great. 

Thanks for all of your lots help

[Windows9]

1 minute ago, Gix7Fifty said:

IMNAL, this is a classic case of buyers remorse (renting/leasing applies). You research your pc parts but your don't research your living arrangements?

It was my friend not me

[Windows9]

1 minute ago, Gix7Fifty said:

IMNAL, this is a classic case of buyers remorse (renting/leasing applies). You research your pc parts but your don't research your living arrangements?

It's not buyers remorse. He wants to live there, he just can't. The smell of damp makes it unbreathable and thus he doesn't even stay in the building