Renting and Agency / Landlord Problems

Annando

Hi,
Up until recently OH and I lived in our own house. Due to OH's work we have moved to the Costwolds into a relatively new build house, about 6 years old. The landlord lives abroad and the property is fully managed by an agency.
When we went to see the house we were assured by the person that showed us around that the door of the integrated dishwasher would be fixed. The door had come off and needed fixing back on.
We signed the contract on February 16th, before we signed we sent various emails regarding the door problem to the agency, we were told that the person that dealt with this problem was away on sick leave and this would be dealt with as soon as she returned. The dishwasher door issue was picked up in the inventory.
I have sent 2 recorded letters regarding this to the agency, plus various emails and various phone calls. Last I heard from them was 10 days ago when they said that they would advise as soon as they had a contractor to come around and fix it.
Today I called again and was told that they had spoken to the landlord who lives abroad and that he said it wasn't his problem.(?????!!!!!!!).
I know the dishwasher door is not a huge issue but I am afraid that this will become a pattern with the property's maintenance.

Is there anything we can do to remedy this, to force the landlord or the agency to take action? I told them that we were told during the viewings that the problem would be fixed, the reaction on the other side of the phone was "we can't comment on what a colleague might have said at the time of the viewings...". It is quite frustrating as I have the impression that we are talking to a wall. A very unfriendly wall at that as they are not the nicest of agencies!

We also raised another maintenance issue, nothing to do with us, more with the fabric of the building. The downpipe / rainpipe at the side of the property has come oof the wall and part of the pipe is missing. When it rains the side of the house gets the rain water falling from the roof directly on the wall. this might be an issue later with water ingress and humidity. Their reaction was the same...

Any thoughts or advice is greatly appreciated.

Anne

princeofpounds

Easy. There is a procedure that has been accepted in case law for this. Step 1 is to notify the L (via agent if one there). Step 2 is to wait a reasonable amount of time, subjective depending on seriousness. Step 3 is letter of recorded delivery reiterating complaint and providing notice you will seek to do the work and deduct from rent. Include time limit and advance notice of which rent period you will deduct in. Step 4 is to get at least 3 documented quotes for the work and notify again with recorded delivery and time limit. Step 5 is get work done and deduct.

L can give you notice if he gets fed up with you asserting your rights. You might do well contact him direct though. A are known for having own agenda.

There are strict laws regarding maintenance of heating, gas and water.

Make sure all White goods you intend to fix are recorded as damaged in inventory or you have had other written acknowledgment they exist and came with letting.

Repair only allowed, don't try for betterment.

princeofpounds

I went back to look for the case law - it is Lee-Parker vs Izzet (1971).

Here is a really great in depth account of landlord's responsibility to repair... I can't copy and paste to represent as my own work!

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/74057-disrepairs-privately-rented-accommodation.html

m_13

princeofpounds has given you excellent advice.

Integrated appliances have exposed surfaces that are designed to be covered by door furniture. On an integrated dishwasher the noise level, heat insulation and handle to open and close are the likeliest things to be affected by the lack of door.

Most appliance manufacturers have a support website where you can buy kits to fit a new door. They are designed for people who replace their kitchen and need to fit a new door to match. We paid around £15 for a replacement door fitting kit including templates and instructions for the Neff integrated dishwasher we bought from eBay. It was a complete faff to fit but looks lovely!

Annando

I know it is the landlord's responsability and not ours to fix, but I wonder if it wouldn't be cheaper and less trouble in the long run, plus I suppose I way of not aggravating the landlord, to fix it ourselves. What I find very irritating is that we have rented oout our house and made absolutely sure that everything was in perfect order, even replaced the lawn... etc... Spoke to the agency that manages the letting of our house, and they said this should have been fixed prior to us moving in. I have the landlord's email but in the contract it states that we shouldn't contact the landlord directly... I really feel like emailing them, I have the impression that the agency are rubbish!

Planner

Write to the agents and ask for the landlords address. They have a legal requirement to provide it to you on request.

Then write directly to the landlord. I think he will be extremley concerned, especially with the potential damage the broken downspout/guttering could cause to the building.

princeofpounds

Planner is right about the legal obligation to provide an address. It must also be in England and Wales otherwise you are permitted to suspend your rent payments.

The clause not to contact the landlord direct is very very odd, and quite unenforceable (what loss can the landlord claim from receiving a letter?!).

Get an address and conduct communications by recorded delivery mail (or at least follow-up with mailed copies of emails) if you want to be really particular over documenting things.

Planner

princeofpounds wrote: »

Planner is right about the legal obligation to provide an address. It must also be in England and Wales otherwise you are permitted to suspend your rent payments.

The clause not to contact the landlord direct is very very odd, and quite unenforceable (what loss can the landlord claim from receiving a letter?!).

Get an address and conduct communications by recorded delivery mail (or at least follow-up with mailed copies of emails) if you want to be really particular over documenting things.

Partly agree!

There must be an address for service in England/Wales (this could be pobox address or agents address). But there is a further legal requirement for the landlords actual address (either personal or business) to be provided on request, where ever that may be in the world.

Annando

Thanks for all this info.
OH contacted agency again today and they told him that they were unaware that door had come off and the said that this problem hadn't been solved for the past 3 years!!!????.
I have an email for the landlord and a BFOP address. Some letters had arrived for them when we moved in, agency didnt want to forward it to the landlord so I put them in an enveloppe and sent it to them directly.
I'd rather have happy people that are going to take care of mmy house than unhappy tenants who will move after 6 or 12 months, specially looking at the current market... the house was empty for 3 months!

sooz

Annando wrote: »

Thanks for all this info.
OH contacted agency again today and they told him that they were unaware that door had come off and the said that this problem hadn't been solved for the past 3 years!!!????.

What does that mean?

Write to the LL, outlining the problems, & the problems that you are having with the agency & manner in which they deal with you informing them about problems. Send a copy to the agency.

The dishwasher door may be only a minor problem, & not require such urgent attention, but the LL should want the gutter fixing asap.

Annando

sooz wrote: »

What does that mean?

Sorry probably didnt explain myself properly. Although we have sent several letters regarding the dishwasher door and the downpipe, when OH called the agency today he was told that they werent aware that the dishwasher door was not fixed as the person dealing with this no longer worked at the agency. They had thought this was only a very minor problem, but in fact we are unable to use the dishwasher.
The person OH spoke to then went into the file and saw that the dishwasher door problem had been flagged several times in past 3 years and had never been fixed.

I know that the downpipe problem is far more serious than the dishwasher one and I dont understand why the LL wouldnt want to fix it straight away, we have already written to the agency about this several times as well.