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Landlord not doing repairs

Kitten13 Avatar
5y, 5m agoPosted 5 years, 5 months ago
When we moved into the flat, we noticed that the window frame in the master bedroom was rotten. all the windows in this block are wooden, as it is an listed area.

We were told that the window would be sorted back in October, but it hasn't been sorted yet, and thanks to the cold winter we have damp on the wall below the window, and the landlord is saying he won't sort it.

I have looked online, and have seen we can take him to court, but that is a last resort, any ideas on things we can do before then?

We have been in constant contact with the letting agents, but the landlord is being an ubber derrier.
Kitten13 Avatar
5y, 5m agoPosted 5 years, 5 months ago
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Comments/page:
#1
Stop paying rent?

Get a quote for the job, pay for it and then deduct the cost from the rent over the next 12 months (or whatever term the contract is)

Poo on his doorstep (not his as in yours, but his)
#2
Threaten him with the court! Also Citizens Advice will help you too. They can write a letter on your behalf to your landlord stating that reasonable time has passed and still nothing has been sorted out.

Do you have children living in the property?
1 Like #3
we have my 14 year old step son living with us here. Think we will go down the no rent and cab route. just does my head in, as I have never had an issue like this with any land lord before.

Edited By: Kitten13 on Jun 11, 2011 15:31: because i am a muppet
#4
I would be careful about withholding rent - that may make you vulnerable to accusations from him. Definitely check with CAB about your rights. Follow their advice and I hope you get it sorted soon.

It may be an expensive repair since it will need to be wood and it would be best to let the landlord pay for it - it could be more than one months rent.

Edited By: AberdeenDad on Jun 11, 2011 15:29: changed from the French citizen beureo d'advice
#5
It's CAB (citizen's advice bureau) not cba, that means can't be arsed...

:D
#6
sancho1983
It's CAB (citizen's advice bureau) not cba, that means can't be arsed...

:D


lmao, deffo in a cba mood with the landlord, lmao... i deffo meant cab though, lol
#7
moodymoo1971
Threaten him with the court!

Florence and Fred, is that you?! :D
#8
Who's house is it??
Not yours, if you don't like it.. Move out..

Simples..

x
#9
Your landlord should be registered with the Council.

Call the Council and see if they have a private landlord housing officer and have them look into it for you. They should be able to liaise with your landlord to ensure the repair is carried out. In the meantime find your tenancy agreement and read the sections regarding repairs.

Ignore the stupid advice about withholding rent, that will only get you into trouble as you're in breach of contract.
#10
Nothing you can do in reality, except give your notice and move out.

Don't withhold rent.
#11
TUSSFC
Nothing you can do in reality, except give your notice and move out.

Don't withhold rent.


Of course there is. Their tenancy agreement will specify repairs and the timescales set aside for carrying out the same.

The landlord has an obligation to repair defects when required, and if they are potentially affecting the occupant's health, there are shorter timeframes applied.

By your reasoning, the landlord wouldn't be responsible for repairing the boiler had it broken, leaving them with no hot running water.
#12
There is a protocol to follow before you decide to go down the withholding rent.
Even then, your landlord cantake you to court and win.

moob
Your landlord should be registered with the Council.


Not sure where you got that info.

Also tenancies generally do not have timescales for repairs.

Edited By: thesaint on Jun 11, 2011 16:48
#13
Should have said the landlord only has to register with the council in Scotland - dunno where OP is.

If OP is in Engerland, call Environmental Health to have them look at dampness in wall and water ingress at window.

Tenancy agreements don't make specifics about timescales, but they do make generalisations about them needing to be expedient when the repairs are of a critical nature.
#14
moob
Should have said the landlord only has to register with the council in Scotland - dunno where OP is.

Oh you just reminded me. The council came to check out our flat, and got the letting agent to replace all the locks for ones you can unlock on the inside without a key. Notwithstanding the fact the locks had already all been replaced not long ago because of dodgy ex-tenants. The Council also managed to get the letting agent to fix a leak from our boiler overflow much quicker.

We're in Wales and the legislation under which the checks were done was this I think http://www.landlordzone.co.uk/HMOs1.htm
1 Like #15
anewman
moob
Should have said the landlord only has to register with the council in Scotland - dunno where OP is.

Oh you just reminded me. The council came to check out our flat, and got the letting agent to replace all the locks for ones you can unlock on the inside without a key. Notwithstanding the fact the locks had already all been replaced not long ago because of dodgy ex-tenants. The Council also managed to get the letting agent to fix a leak from our boiler overflow much quicker.

We're in Wales and the legislation under which the checks were done was this I think http://www.landlordzone.co.uk/HMOs1.htm


You're in an HMO - I don't think the OP is in one - different rules.
#16
We are in Cheshire West, and some people around here own their houses. Our land lord doesn't seem to care about this place at all. We are looking at moving to Flintshire asap, so will prob just leave the slum lord to sort it all out in his own time, as this flat was empty for about 6 months before we moved in, as he booted out the last tenants because he was going to sell the flat. he has relisted this property to sell at alot more than other properties in this complex, so will have an empty flat on his hands for a while.
#17
moob
TUSSFC
Nothing you can do in reality, except give your notice and move out.

Don't withhold rent.


Of course there is. Their tenancy agreement will specify repairs and the timescales set aside for carrying out the same.

The landlord has an obligation to repair defects when required, and if they are potentially affecting the occupant's health, there are shorter timeframes applied.

By your reasoning, the landlord wouldn't be responsible for repairing the boiler had it broken, leaving them with no hot running water.


Funny you should mention a situation with no boiler/running hot water as I have recently been in that very situation. A landlord ONLY has a requirement to provide you with running water and an ability to heat it. They do NOT have to provide running hot water. There is NOTHING you can do except leave the property if you are not happy about timeliness of repairs such as this.

Feel free to link/quote legislation that says otherwise as the advice I was given was by CAB.
1 Like #18
I did property inspections for a management agency, about 90% of the houses had rotting windows. I wonder if the agency even approached the landlords for repairs. I did used to suggest in serious cases that that the tenants should write in and say they would like the rent adjusted downwards for the period that the repairs were outstanding as the property was not in the condition that reflected a fair market rent now that the xxxx was broken (heating/boiler/staircase etc).

Edited By: chalkysoil on Jun 11, 2011 19:50
#19
TUSSFC
moob
TUSSFC
Nothing you can do in reality, except give your notice and move out.

Don't withhold rent.


Of course there is. Their tenancy agreement will specify repairs and the timescales set aside for carrying out the same.

The landlord has an obligation to repair defects when required, and if they are potentially affecting the occupant's health, there are shorter timeframes applied.

By your reasoning, the landlord wouldn't be responsible for repairing the boiler had it broken, leaving them with no hot running water.


Funny you should mention a situation with no boiler/running hot water as I have recently been in that very situation. A landlord ONLY has a requirement to provide you with running water and an ability to heat it. They do NOT have to provide running hot water. There is NOTHING you can do except leave the property if you are not happy about timeliness of repairs such as this.

Feel free to link/quote legislation that says otherwise as the advice I was given was by CAB.


You called it:
The Tolerable Standard was initially introduced by the Housing (Scotland) Act 1969 and is now set out in the Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001

A house will, for the purposes of the Act, meet the Tolerable Standard if the house:

a) is structurally stable

b) is substantially free from rising or penetrating damp

c) has satisfactory provision for natural and artificial lighting, for ventilation and for heating

d) has an adequate piped supply of wholesome water available within the house

e) has a sink provided with an adequate supply of both hot and cold water within the house

f) has a water closet or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house

g) has a fixed bath or shower and a wash-hand basin, all with a satisfactory supply of hot and cold water suitably located within the house

h) has an effective system for the drainage and disposal of foul and surface water

i) has satisfactory facilities for the cooking of food within the house

j) has satisfactory access to all external doors and outbuildings


This is Scottish legislation, pretty sure there must be an English equivalent - the highlighted parts pertain to the situation the OP is faced with.

Just looked for the English equivalent, it's called the Decent Homes Standard - it's not as prescriptive, but you can easily interpret the clauses to expect hot running water provision and freedom from water penetration:

The basic principles of the Decent Homes Standard are:

It must meet the current statutory minimum standard for housing
Homes below this standard are those defined as unfit under section 604 of the Housing Act 1985 (as amended by the 1989 Local Government and Housing Act)

It must be in a reasonable state of repair
Homes which fail to meet this standard are those where either:
– one or more of the key building components are old and, because of their condition, need replacing or major repair; or
– two or more of the other building components are old and, because of their condition, need replacing– or major repair

It must have reasonably modern facilities and services
Homes which fail to meet this standard are those which don't have three or more of the following:
– reasonably modern kitchen (20 years old or less)
– a kitchen with adequate space and layout
– a reasonably modern bathroom (30 years old or less)
– an appropriately located bathroom and WC
– adequate insulation against external noise (where external noise is a problem)
– adequate size and layout of common areas for blocks of flats

It provides a reasonable degree of thermal comfort
This means that your home must have both effective insulation and efficient heating
#20
Have you visited the Dr yet to report both you and the boys health problems due to the dampness? ;)

Useful to have this kinda thing officially reported, plus taking pictures of defects is also an idea with a dated newspaper beside them

Not that I know anything about this kinda thing but if you approach the landlord telling him you have been to the Dr as your health has been effected both mentally and physically and that you may approach your solicitor then the poo poo will run down his leg. Negotiate for 2 months free rent for your inconvenience, if you are paying good money to rent a property then you would expect and should expect a proper place to live in, the unfairness is on his/her part only.
#21
My partner and I both have pre existing health problems, which have been exaspherated by the issues in the flat, we have told the land lord and the letting agents about this, the letting agents are trying to sort it all, but he has the final say on the work that gets done.
#22
AberdeenDad
I would be careful about withholding rent - that may make you vulnerable to accusations from him. Definitely check with CAB about your rights. Follow their advice and I hope you get it sorted soon.

It may be an expensive repair since it will need to be wood and it would be best to let the landlord pay for it - it could be more than one months rent.


My thoughts precisely. Witholding rent would make you just as bad as him. Go down the CAB route or seek professional advice.
#23
moob
TUSSFC
moob
TUSSFC
Nothing you can do in reality, except give your notice and move out.

Don't withhold rent.


Of course there is. Their tenancy agreement will specify repairs and the timescales set aside for carrying out the same.

The landlord has an obligation to repair defects when required, and if they are potentially affecting the occupant's health, there are shorter timeframes applied.

By your reasoning, the landlord wouldn't be responsible for repairing the boiler had it broken, leaving them with no hot running water.


Funny you should mention a situation with no boiler/running hot water as I have recently been in that very situation. A landlord ONLY has a requirement to provide you with running water and an ability to heat it. They do NOT have to provide running hot water. There is NOTHING you can do except leave the property if you are not happy about timeliness of repairs such as this.

Feel free to link/quote legislation that says otherwise as the advice I was given was by CAB.


You called it:
The Tolerable Standard was initially introduced by the Housing (Scotland) Act 1969 and is now set out in the Housing (Scotland) Act 1987 as amended by the Housing (Scotland) Act 2001

A house will, for the purposes of the Act, meet the Tolerable Standard if the house:

a) is structurally stable

b) is substantially free from rising or penetrating damp

c) has satisfactory provision for natural and artificial lighting, for ventilation and for heating

d) has an adequate piped supply of wholesome water available within the house

e) has a sink provided with an adequate supply of both hot and cold water within the house

f) has a water closet or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house

g) has a fixed bath or shower and a wash-hand basin, all with a satisfactory supply of hot and cold water suitably located within the house

h) has an effective system for the drainage and disposal of foul and surface water

i) has satisfactory facilities for the cooking of food within the house

j) has satisfactory access to all external doors and outbuildings


This is Scottish legislation, pretty sure there must be an English equivalent - the highlighted parts pertain to the situation the OP is faced with.

Just looked for the English equivalent, it's called the Decent Homes Standard - it's not as prescriptive, but you can easily interpret the clauses to expect hot running water provision and freedom from water penetration:

The basic principles of the Decent Homes Standard are:

It must meet the current statutory minimum standard for housing
Homes below this standard are those defined as unfit under section 604 of the Housing Act 1985 (as amended by the 1989 Local Government and Housing Act)

It must be in a reasonable state of repair
Homes which fail to meet this standard are those where either:
– one or more of the key building components are old and, because of their condition, need replacing or major repair; or
– two or more of the other building components are old and, because of their condition, need replacing– or major repair

It must have reasonably modern facilities and services
Homes which fail to meet this standard are those which don't have three or more of the following:
– reasonably modern kitchen (20 years old or less)
– a kitchen with adequate space and layout
– a reasonably modern bathroom (30 years old or less)
– an appropriately located bathroom and WC
– adequate insulation against external noise (where external noise is a problem)
– adequate size and layout of common areas for blocks of flats

It provides a reasonable degree of thermal comfort
This means that your home must have both effective insulation and efficient heating


The Scottish law is irrelevant in England, the English act quoted is far from clear in this respect. As I said, there is nothing written in law which says a landlord must complete such repairs with a specific amount of time. Therefore anyone in OPs scenario doesn't really have much say in the matter. I stand by what i have said in that their only option is to end the tenancy by giving the appropriate notice.

I'd never move into a property with an existing issue like this - not worth the risk. A good LL would have this sorted before a new tenant moved in.
#24
I was using Scottish Law for illustrative purposes.

Law is never clear, it's about interpretation - vis the issues we were discussing about hot water, also dampness comes into the Standard too:

The Decent Homes Standard is a Government scheme introduced in 2000. The standard describes what a decent home is and how a home should be assessed for compliance with the standard. The target for all Social Landlords is to have 100% of their properties ‘Decent’ by the end of 2010.

To meet this standard our properties must meet four criteria:

meet the current statutory minimum standard for housing
be in a reasonable state of repair
have reasonably modern facilities and services
provide a reasonable degree of thermal comfort

To meet the current statutory minimum standard for housing means:

Must be free of category 1 hazards in accordance with the Housing Health and Safety Rating System (HHSRS)
Some examples of Category 1 hazards are:
Lead drinking water pipes
Excessive cold due to no form of heating

Reasonable state of repair means:

A kitchen that is not more than 30 years old and in reasonable condition
A bathroom that is not more than 40 years old and in reasonable condition
Central heating pipework and radiators that are not more than 40 years old and in reasonable condition.

A home would fail this part of the standard if two or more of the above were over these age limits and in poor condition.

Reasonably modern facilities means:

A kitchen that is not more than 20 years old
A kitchen of adequate size and layout
A bathroom that is not more than 30 years old
A bathroom and WC that is appropriately located, e.g. not in a bedroom
Adequate insulation against noise from outside the home, where this is a problem
For blocks of flats, the communal areas need to be of adequate size and layout.

A home would fail this part of the standard if it lacked three or more of the items listed above. (Please note a home can fail on the government’s kitchen and bathroom criteria and meet the Decent Homes standard, if it meets the other four criteria.)
Poor condition means:

For kitchens: Where three or more items from the following need major repair or replacement: cold/drinking water supply, hot water, sink, cooking provision, cupboards, and worktops.
For bathrooms: Where two or more items from the following need a major repair or replacement: bath, wash hand basin, WC.
For central Heating: Where the system is damaged beyond repair or is unsuitable.
#25
Would echo the comments about withholding rent, I wouldn't do that........... dont give him any reason to not cough up your deposit when you do leave.

If you're out of contract and on a rolling standard tenancy, then you'll only need to give a months notice and the deposit should be held with a proper DPS scheme so he cant keep that without good cause and if he tries and you disagree, it will go to arbitration to be sorted independently. I'd just look elsewhere asap.

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