landlord being awkward

mandy_moo_1

hi, not sure if this is in the right place, but i could really do with some advice

i have been living in the same rented house for the last 5 years with my 15 year old son, and if i say so myself, i'm a really good tenant. my rent is paid by HB and i have to make up the £100 shortfall every month, and i'm always on time paying it, i've re-decorated the whole house twice since moving in,had laminate flooring put in the lounge (with l.lord's permission), had a new split level cooker fitted because he wouldn't (thats coming with me now, as and when i have to leave!!) and i've hardly EVER bothered him for repairs

However, in oct 2007, i told him all the paper was peeling off in the lounge due to damp.he inspected it, and agreed that a damp course was needed.....14 months on i'm still waiting

then a couple of months ago, the mixer tap on the bath broke....it was turning all the way round and wouldn't turn the waterflow off. he's been out 3 times to try and fix the tap by replacing washers etc, but he said he won't replace the taps as it will be a big job, because he would have to remove all the tiles on the side of the bath to get to them, as he foolishly boxed all the bath in!

anyway, i'm really upset after just getting off the phone to him, as he is now saying it is MY responsibility to pay to have the bath taps repaired as i've obviously been too heavy handed with them (god knows how...i'm only 7 stone wringing wet!!) and he got rather nasty saying he's not a bottomless money pit that i can call upon whenever i need something repairing. he's told me that if they aren't repaired to HIS satisfaction when it comes time for me to move out, he'll take the money out of my bond

i'm sorry for such a long post, but i'm so worried and upset now....not only at his attitude, but at the fact i STILL have a flipping broken tap and i'm being made to feel like a sponger just because i asked him to fix it!

what do i do? or is he right, and it IS up to me to pay for repairs because he reckons replacing the washers should have worked even tho it didn't

olly300

As he has now theatened to take the money from your deposit I suggest you put every request for a repair in writing and if possible hand deliver the letter to him putting in the letter the fact you hand delivered it. If you can't hand deliver it then send it by recorded delivery.

Keep a copy of all correspondence for at least 18 months after you have moved out. That way you can ensure any issue that could arise from living in the house can be dealt with properly.

If he then makes a deduction from your deposit after you have moved out you can threaten to take him to the small claims court and then take him to the small claims court. (It's actually not hard to do.) As you will have the evidence that he is not fulfilling his landlord duties by doing repairs you are likely to sway the judge to make him pay you back.

I also suggest you start taking photos of the problems. And keep copies filed with the letters. If you take digital photos I suggest you back them up and put the second copy in a different place.

BTW as you are out of your fixed period I suggest if you are in an area of the country like many people where there are a lot of rental properties I suggest you find a new property and give the guy notice.

mandy_moo_1

thanks for that olly. unfortunately moving isn't a viable option at the moment as there aren't many landlords that will take people on benefits, as i am unable to work due to severe health problems

you're definitely right in that everything should be in writing from now on. i know i've been too "friendly" up to now with the l.lord, as i don't like to upset people. whenever anything needed looking at in the house, my first port of call is always my dad, as i didn't want to be seen as a nuisance tenant

tbs624

Mandy - Olly mentions you being out of your fixed term, is that the case or has your original contract been formally renewed at any time? Even if you are under a Periodic agreement, he would still have to give you 2 months' notice to tie in with a rent day and the reality is that when a tenant pays on time and generally looks after the property, very few LLs are likely to give you notice.They could, after all, end up with a new tenant who not only expects them ,as you rightly do, to maintain the property but may not always pay the rent on time, or they could end up with no tenant at all.

I agree with Olly that keeping photos and copies of letters is vital - all tenants should always report repairs issues, however small, in writing & keep a copy.

You may like to know that most councils have a Private Sector Rentals Team, with a tenancy relations officer, who can help you with these sorts of issues. Fixing the taps is down to the LL, under the LL & T Act 1985, unless it's absolutely clear that the tenant has caused damage of some sort and should be expected to contribute. Most reasonable LLs would be pleased that a tenant brought these sorts of issues to their attention so as to avoid any potential water damage to the property.

On the damp problem, you could perhaps make sure that you do what you can to minimise condensation by keeping the property heated & properly aired when cooking, showering, by not drying wet washing on radiators etc, and it may be worth you getting a dehumidifier until the LL gets the matter sorted for you ( often available on special offer at places like Argos). Again, the private sector rentals team can help you with this: LLs have to keep their properties in decent condition and the local council can enforce this under HHSRS - see here for more info.

Voyager2002

Yes: your local council can help. Do also contact their Environmental Health people, who will know what the laws are about what landlords have to do, for example about maintaining bath taps, and of course about damp.

olly300

The problem the OP has because she is affectively saying the landlord can hold her to ransom then if she involves the council the landlord is likely to give her 2 months notice anyway.

The CAB and Shelter find this commonly happens when tenants complain to official bodies to get repairs done.

OP the best thing you can do if you really can't move is to read up on your rights and work out when you need to enforce them to stop you dying i.e. gas safety, fire safety

clutton_2

if you really dont want to rock the boat - get a plumber to replace the tap and pay for it yourself - then send the LL the bill and ask him if you deduct it from the next months rent - if he says no - then when you leave, bring this up at the Deposit return arbitration.

mandy_moo_1

olly300 wrote: »

OP the best thing you can do if you really can't move is to read up on your rights and work out when you need to enforce them to stop you dying i.e. gas safety, fire safety

you've just reminded me of something else as well....thanks!

i've only ever had one gas safety check in the 5years i've been here,so that should stand me in good stead shouldn't it,if the LL decides to get really nasty?

mandy_moo_1

tbs624 wrote: »

Mandy - Olly mentions you being out of your fixed term, is that the case or has your original contract been formally renewed at any time?

I agree with Olly that keeping photos and copies of letters is vital - all tenants should always report repairs issues, however small, in writing & keep a copy.


On the damp problem, you could perhaps make sure that you do what you can to minimise condensation by keeping the property heated & properly aired when cooking, showering, by not drying wet washing on radiators etc, and it may be worth you getting a dehumidifier until the LL gets the matter sorted for you ( often available on special offer at places like Argos). Again, the private sector rentals team can help you with this: LLs have to keep their properties in decent condition and the local council can enforce this under HHSRS - see here for more info.

my contract has never been formally renewed after the initial 12 months, the only correspondence i usually get from the LL is to put the rent up every other year.actually i was a bit annoyed about that as well, as i had just brought the damp problem back to his attention as well as the problem with the bath taps, and literally 2 days later i received a letter saying he was increasing the rent by £30 a month, which i thought was a big rise, and he was only doing it i felt because i'd pointed out some repairs that needed looking at.

he's even acknowledged that the damp is his "fault" because he laid decking in the back garden right up to tha patio doors, and didn't leave any breathing space for water to drain away

i always thought i was looking after his best interests if i brought the major problems to his attention

shaven-monkey

mandy_moo_1 wrote: »

you've just reminded me of something else as well....thanks!

i've only ever had one gas safety check in the 5years i've been here,so that should stand me in good stead shouldn't it,if the LL decides to get really nasty?

He's legally required to get a gas safety cert every year.
Start looking for another place to live in case he decides to give 2 months notice and make him aware that he's breaking the law, the contract and risking your life and the lives of your family. If he fails to carry out the repairs and have a corgi certified plumber do the gas safety check every year it's going to cost him a lot more in the long run.

Contact your local council / CAB with regards to the private lettings department. You may be able to get council housing, which can't be significantly worse than what you're dealing with now.

mandy_moo_1

shaven-monkey wrote: »

He's legally required to get a gas safety cert every year.
Start looking for another place to live in case he decides to give 2 months notice and make him aware that he's breaking the law, the contract and risking your life and the lives of your family. If he fails to carry out the repairs and have a corgi certified plumber do the gas safety check every year it's going to cost him a lot more in the long run.

Contact your local council / CAB with regards to the private lettings department. You may be able to get council housing, which can't be significantly worse than what you're dealing with now.

i really don't want to have to move out, and especially not into council housing......i live in a part of the north east where the majority of council properties have alcoholics/druggies living in them, and i'm not prepared to put my 15year old son in that situation. the house i'm in is lovely...right near the sea front, close to town, school etc

i just want to be able to arm myself with what i can do in case the LL decides to get nasty and gives me notice saying i've been a bad tenant....i know he can be in bother for not doing the gas check every year, and i'm going to see if i can get a plumber out after xmas to give me a free quote on the taps, and get him to tell me if its just normal wear and tear or if it looks like i have been "heavy handed" with them