Private renting, Letting Agents and Repairs

Miss_Liquorice

I'm just about ready to do my real life eek! smilie impersonation over the situation with my LA and their take on repairs. :eek:

I moved into the property in November, taking over part of a tenancy for one of the previous three tenants, and had to request a copy of the lease three times before I actually received one - when I did, I checked the wording, which said something along the lines of they agreed to keep the property water- and wind-proof.

Our flat has huge windows - my room is about 3/4s wall and 1/4 glass - and these windows let in a fair breeze no matter what we try to stop it, so much we can see curtains swaying. I called the LA on 17th Dec, they said no problem, we'll have someone out in 7 working days. Taking Christmas into account, I called back early Jan, and was told to phone the contractor myself and given a wrong number. I called back, and they said they'd chase it up. At some point we received written confirmation the repair would be done. As it stands at the moment, after three further conversations with them (and eventually, with the contractor) no repair has been done.


Our boiler broke in December and didn't get repaired or any temporary heating for two days despite being told it would be a 24 hour repair. And tonight I came home from work to find it not working and leaking water, and called to report the fault - getting through to an answering machine. I requested they call me back to confirm they received the job details, and there has been no word so far... not too optimistic TBH!


We randomly get electricians letting themselves into our flat to make repairs, like smoke-damaged plug sockets, only to leave when there is no such repair to be done, or letters saying someone will turn up at any time during a week to inspect the property, and when I contact them to arrange a specific time (We're three students, two who work shifts, so our sleep patterns are erratic at best) they say they can't arrange a time and we have to basically like it or lump it.



The really infuriating bit is I take calls for tenants reporting faults in their property and I can say with certainty I've never handled a repair as badly as my LA!


I apologise for the long post (went off at a tangent I think!), I was just wondering if anyone had any advice as to where I stand, both with regards to the repairs (or lack thereof), and contractors letting themselves into our flat without any notice or being told someone will attend at some point during the week.


Thanks!

tbs624

Your boiler being repaired within 48 hours in December is pretty good, but the LL should also have offered you alternative forms of heating until the repair was completed. As you say that it has broken down again, has the boiler been properly serviced/checked and do you have a current gas safety certificate?

On the windows - are they sash windows and/or are they windows with rotten frames that also let in the rain? You mention a "repair" on them - can you be more specific about what the problem is?

Am assuming you are in Eng/Wales. Your LL’s legal obligations are set out under the LL and T Act 1985, S11:

Repairing obligations in short leases.
(1) In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Make all repairs requests in writing and keep a copy safely with your tenancy agreement. If they ring you, or visit in person to discuss it, you then write back confirming your understanding of what was discussed and again, keep a copy.

The question of access for repairs and the notice to be given, gets aired on this board on a regular basis. To be able to carry out his/her S11 repairing obligations, there is an implied convenant that you, as the T, will allow access at reasonable times of the day after being given a minimum of 24 hours written notice. If it is an emergency - fire/major leak then no notice is required, and if the property is an HMO then a LL may access the communal areas. You are entitled to know *who* is coming and *when*, and if you would prefer to be there you can ask for a mutually convenient appointment but if you have repairs that you really want completing you obviously need to work with them. However, a LL shouldn't simply give a contractor a key, & tell them to go & let themselves in whenever they please.

As you are students, use your uni accomms officer/student welfare adviser for advice (even if you found the property independently) Check whether your LL is signed up to a Uni/local Council/local LL association joint Code of Conduct - he would generally have to be, if this property appears on the Uni listings. Also take a look at Shelter’s pages on getting repairs done (link).

You can also contact the Private Sector Rentals Team/Tenancy Relations Officer at the local Council - they can liase with the LL on repairs issues, if necessary.

clutton_2

contractors have no legal right to let themselves in without your permission - tenants have a right of "quiet enjoyment"

Miss_Liquorice

The boiler has been serviced about 18 months ago, but seems to keep breaking down every so often (Once a month? Once every 2 months?), usually something different each time. If it wasn't so cold it would be a bit more bearable! As of the moment - 12 hours - no reply regarding the leaking boiler, and I've called the LA this morning twice to be told they'll call me and let me know when someone will be with me... still no call back.

The windows have a wooden frame, they open like a cupboard? Two hinged bits of glass. (I'm not very good with technical names!) though there doesn't appear to be any rotting, all the way round the frame the breeze comes in. When the original tenants (my 2 flatmates and the girl I replaced) signed the lease they were told it was going to have filler put in around the frames to stop the draughts, which was never done. The repair I asked for was to have the filler put in around the frame. I've asked about putting up curtains, but we're not allowed, so can't even just get thick curtains to stop the cold air.

The repairs that contractors have let themselves in for have been both in communal areas and in the bedrooms (It's an HMO property). It's not the letting people in that I'm concerned with, just with shift patterns etc we would prefer someone to be in the property when a contractor was over, or if my flatmate's just off a night shift, she doesn't want someone making loads of noise at 10am. However, if the LA decides it wants to do a repair (usually only stuff we haven't asked about and not an emergency, like installing a new fan in the bathroom), they just tell us someone will be over at some point between a certain monday and friday and they will have a key, and they refuse to give us any further information or arrange a convenient time.