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Landlady not fixing shower
Comments
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Your landlady can withold your damage deposit against repairs caused by condensation when you have not sufficiently ventilated the place. The insects should have been dormant over the winter: if not you should have advised your landlady in writing of the problem. The only damage to paint that is acceptable is normal wear and tear - you can repaint your own walls every two years when you have a mortgage, but in the real world we don't find that necessary.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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1 - That is true that its caused by condensation but we live in a 1st floor flat and there is a giant bush literally right outside the window and wasps and hornets live in it. I've had the windows open before but the wasps and hornets fly into the flat and as I have a young daugther (<1) I don't really want this to happen so generally don't open the windows. There is no other ventilation in the flat other than an extractor fan in the kitchen and the bathroom.
2 - Where the paint is coming off in the most part (most of the other areas are ok) is just above the heaters. We have electric heaters and this appears to have warmed the walls and (possibly creating condensation) has caused the paint to peel.
3 - I saw that this was the case. He took the case off, turned on the power and tried to start the shower. All that came out was an electrical spark as it tried to spark the pump into action. Apparantly there are a couple of different types of electrical shower and this one sparks the pump from the shower unit itself (I'm not a plumber, but I definately saw the spark)
This is starting to seem like an exercise in creative thinking; You say one thing, someone else gives an explanation, you defeat the explanation with a new point.
None of your points are strong enough to warrant a counter argument, but as for that shower stuff - you need to work on it:- "sparks the pump" yeah right, pure fantasy that one.0 -
This is starting to seem like an exercise in creative thinking; You say one thing, someone else gives an explanation, you defeat the explanation with a new point.
None of your points are strong enough to warrant a counter argument, but as for that shower stuff - you need to work on it:- "sparks the pump" yeah right, pure fantasy that one.
Does an electric shower need to pass electricity to the pump in order to pump the water?
I have seen the spark given off where the shower is shorting out.
Believe what you want, I only came on here for some advice and when I provide you with information you ridicule me for it.0 -
There was no need for this to drag on as long as it has. As a tenant you do not have a right to withold rent, but you do have a right to organise repairs if the LL does not do it within a reasonable time. The shelter approach listed a few times here is basically correct, but just FYI it is based on a legal decision Izzet vs. Lee-Parker (1973 I think?) if you ever need to get official about it.
The key is to do everything with verifiable written communication - so either get a written reply acknowledging it or send recorded delivery.
With this, the process could have been roughly as follows
1) notify of problems.
2) wait 2 weeks (seems reasonable) and issue a letter saying that you will get it done yourself if not completed in next 2 weeks, notify intended offset of rent after the next full rental period. Include 3 quotes.
3) wait 2 weeks and get it done.
4) deduct rent as indicated.
The basic point being this problem did not have to last beyond a month or so and would have focused the mind of the LL.
As for the windows and condensation - personally I don't think that it's all about lifestyle (a common misperception) as I have seen enough properties where faulty room layout, bad building and poor installed ventilation are the primary cause. But often lifestyle is a mjor cause and it's certainly not helping in your case.
But if you don't do anything about it then you are liable for any damage, hornets or not.
The key here is to again write to LL, pointing out you have noticed condensation. Also point out that you are cleaning it regularly. Then state that you would like to open the window but the bees/hornets nest immediately outside means you cannot do that. You then have to liaise with the LL (and maybe the freeholder) to get it removed. It is the responsibility of whoever owns the bush to remove it once notified, again within a reasonable time. You should not have to pay. However, if nothing happens it might be a bit more complicated to do it yourself and recover costs if you LL is not the owner.
Edit to add: Sorry, I wasn't quite clear in the last paragraph but the point is that your transfer some of the liability back to the LL by making them aware of the problem. So if you go to deposit dispute resolution you can demonstrate you tried to address the problem and they were obstructive.0 -
princeofpounds wrote: ».... The shelter approach listed a few times here is basically correct, but just FYI it is based on a legal decision Izzet vs. Lee-Parker (1973 I think?) if you ever need to get official about it.
The key is to do everything with verifiable written communication - so either get a written reply acknowledging it or send recorded delivery.
With this, the process could have been roughly as follows
1) notify of problems.
2) wait 2 weeks (seems reasonable) and issue a letter saying that you will get it done yourself if not completed in next 2 weeks, notify intended offset of rent after the next full rental period. Include 3 quotes.
3) wait 2 weeks and get it done.
4) deduct rent as indicated.
It was Lee-Parker v Izzet [1971]
I note that you say "roughly" but for a T not to run the risk of action for unpaid rent they need to follow Shelter's guidelines which are:"…it is essential that you follow these steps in the right order.One of the key reasons that a T should always seek advice is that the responsibility for the costs of the repair may not always fall under the LLs legal repairing obligations: it may be work that has become necessary due to the Ts own actions or omissions, and in that case deducting the costs from rent (particularly if there are already any arrears) is likely to lead to action for eviction. This is especially the case if the T is outside their Fixed Term.
1. Report the repairs to the landlord in writing and allow time for them to be done.
2. Write to your landlord again, explaining that you intend to do the work yourself and take the costs out of your rent unless the repairs are done within a certain time(eg two weeks).
3. Once this time has passed, get three quotes/estimates for the work from reliable contractors.
4. Send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time (eg a further two weeks).
5. Once this time has passed, if your landlord has not responded, arrange for the work to be done by the contractor that gave the cheapest quote.
6. Pay for the work yourself and send a copy of the receipt to your landlord, asking her/him to refund the money.
7. If your landlord does not pay you back, write to say that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when.
If you are claiming Housing Benefit & the LL is paid direct, tell the Housing Benefit department what is happening so that they can suspend payment if necessary.
It is important that you get advice (eg from a Housing Aid Centre or Citizens Advice bureau) before "withholding rent", even if you do use this procedure.
The local Council's private sector rentals officer (often with a title such as Tenancy Relations Officer or similar ) can give a virtual kick up the backside to LLs who are slow to act on repairs and support the T with getting things moving.
The point is of course that all contributory factors for condensation have to be checked out and when you have Ts who may block vents, don't open windows after cooking or showering/bathing,who hang wet washing indoors on racks or directly on radiators ( and the OP mentions decorative damage directly above heaters), it's highly likely that there be mould and condensation.princeofpounds wrote: ». As for the windows and condensation - personally I don't think that it's all about lifestyle (a common misperception) as I have seen enough properties where faulty room layout, bad building and poor installed ventilation are the primary cause. But often lifestyle is a mjor cause and it's certainly not helping in your case.
If a T can be made aware of how their own lifestyle can impact and they take appropriate action, it strengthens their case - ie, "we have done this, that & t'other & still the mould reappears". Many people seem surprised that a spare room with furniture up against the walls, in which they stand a fully clothes airer, with the room infrequently heated and poorly aired, will soon have black mould in the corners and on the walls behind the furniture.
LLs do have to keep the structure of a property in good order, they have to deal with leaks and guttering issues & other potential causes of damp & condensation, but Ts can often make a huge difference to their own living conditions by following the guidance in Council advice leaflets such as this one0 -
It was Lee-Parker v Izzet [1971]
I note that you say "roughly" but for a T not to run the risk of action for unpaid rent they need to follow Shelter's guidelines which are:"…it is essential that you follow these steps in the right order.One of the key reasons that a T should always seek advice is that the responsibility for the costs of the repair may not always fall under the LLs legal repairing obligations: it may be work that has become necessary due to the Ts own actions or omissions, and in that case deducting the costs from rent (particularly if there are already any arrears) is likely to lead to action for eviction. This is especially the case if the T is outside their Fixed Term.
1. Report the repairs to the landlord in writing and allow time for them to be done.
2. Write to your landlord again, explaining that you intend to do the work yourself and take the costs out of your rent unless the repairs are done within a certain time(eg two weeks).
3. Once this time has passed, get three quotes/estimates for the work from reliable contractors.
4. Send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time (eg a further two weeks).
5. Once this time has passed, if your landlord has not responded, arrange for the work to be done by the contractor that gave the cheapest quote.
6. Pay for the work yourself and send a copy of the receipt to your landlord, asking her/him to refund the money.
7. If your landlord does not pay you back, write to say that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when.
If you are claiming Housing Benefit & the LL is paid direct, tell the Housing Benefit department what is happening so that they can suspend payment if necessary.
It is important that you get advice (eg from a Housing Aid Centre or Citizens Advice bureau) before "withholding rent", even if you do use this procedure.
The local Council's private sector rentals officer (often with a title such as Tenancy Relations Officer or similar ) can give a virtual kick up the backside to LLs who are slow to act on repairs and support the T with getting things moving.
The point is of course that all contributory factors for condensation have to be checked out and when you have Ts who may block vents, don't open windows after cooking or showering/bathing,who hang wet washing indoors on racks or directly on radiators ( and the OP mentions decorative damage directly above heaters), it's highly likely that there be mould and condensation.
If a T can be made aware of how their own lifestyle can impact and they take appropriate action, it strengthens their case - ie, "we have done this, that & t'other & still the mould reappears". Many people seem surprised that a spare room with furniture up against the walls, in which they stand a fully clothes airer, with the room infrequently heated and poorly aired, will soon have black mould in the corners and on the walls behind the furniture.
LLs do have to keep the structure of a property in good order, they have to deal with leaks and guttering issues & other potential causes of damp & condensation, but Ts can often make a huge difference to their own living conditions by following the guidance in Council advice leaflets such as this one
I understand that there are contributory factors towards mould and some of it no doubt is down to the lifestyle, I admit that but living in a one bed flat its not always that easy.
After cooking, we always had the extractor fan on (and during) and regularly opened a small window in the kitchen.
The bathroom is a fully enclosed bathroom and therefore the only method of removing condensation in the bathroom really is only the extractor fan, but strangely enough the bathroom is the area with the least amount of problems in terms of mould - ie. there is none.
The mould that has appeared in the bedroom is probably down to our lifestyle as we didn't heat the room in the winter as the heat from electrical heaters can get very hot and the heater was right next to our baby's cot. The bedroom is quite small (remember this is a 1 bed flat) and the only feasible area for it to be was there. This is also where the paint has started coming off (above a heater that we regularly don't use but the same has happened above one that we do) in the bedroom and this is the only area in the bedroom that we have lost paint.
The mould in the lounge is underneath the big windows that we have there. This is the other side of the room from the heater and closer to where to have one of the airers (the others go in the bedroom) though I take the point that this area isn't well ventilated as we have those large plastic storage boxes in this area.
Is drying wet clothes a big contributor towards mould then? In a 1 bed flat is generaly difficult to find anywhere to dry your clothes as there is no option to use a washing line in the garden. I could use the drier but its not particularly good at drying and takes several spins to even get the clothes anywhere near dry hence the reason we use the airers. Over the winter we did move towards drying at the launderette due to the drier not being good and the clothes drying slower in winter, but is this a major contributor?0 -
Yes drying clothes indoors is a major factor amd should be avoided where possible.
Five suggestions to help this:
Dry them in the bathroom leaving the extractor fan on
Buy a dehumidfier
Leave the windows open when drying clothes
Use the Tumble drier (it may take two hours to dry and don't overload)
or failing that use a laundrette
Are ther no washing lines / drting areas in the communial areas?0 -
Yes drying clothes indoors is a major factor amd should be avoided where possible.
Five suggestions to help this:
Dry them in the bathroom leaving the extractor fan on
Buy a dehumidfier
Leave the windows open when drying clothes
Use the Tumble drier (it may take two hours to dry and don't overload)
or failing that use a laundrette
Are ther no washing lines / drting areas in the communial areas?
No there aren't any washing lines or drying areas within our flat complex.
I'm now drying everything in the bathroom with the extractor fan on as suggested but I'm now living on my own as my partner and daughter have already left the country and I will be following them at the end of June so its a bit easier now as there are less clothes to clean.0 -
Flats have all sorts of layout and logistical issues that contribute to the problem of condensation but the fact remains that the water is created by the residents activities of daily living (esp. breathing, laundry, showers). Extractor fans in flats are often not externally vented - just into the ceiling void - this isn't your fault, but it makes them far less effective.
I live in a flat with horrendous condensation issues (metal window frames/ internal bathroom) so I do have some sympathy for you. We have found by trial and error that it is necessary to open all the windows daily year round, and wipe all windows every morning in winter. The alternative is to bath rather than shower, heat the entire flat to a constant temperature, use the tumble dryer and/ or a dehumidifier. I cannot afford to use this much electricity so I choose to open the windows.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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