Advice needed on poorly maintained rented property (I am Tenant) Please Help!

donnadoo515

Hi,

I hope someone can help me please in terms of what I can do about my very poorly maintained rented property (I am a tenant).

From the start.

We viewed our house at the beginning of April 2009,all seemed well,seemed like a lovely house a place where we would be happy to live.
We agreed with the landlords (who are also parents of someone i know...not a friend just someone i know) that we would pay £100 as a part payment towards the deposit with an agreement to pay the remainder £425 by 1st July 2009.

Little did we know that when we moved in...all would be revealed! and absoloute dive of a property.

It was only when we started to move our stuff in that we realised that this house was far from perfect...infact,far from acceptable by any means.

I will now provide you with a list of things that are wrong before i go on about anything else (this could take a while!)

Living Room

1. FLOORING - The flooring is uneven (Laminate) to the extent that we have to put folded paper under one leg of our table to stop it from rocking - the same with our DVD rack, the only thing is if we do not put this under our DVD rack it leans forward and all the DVD's fall out.We also had to loosen one of the legs of the settee to stop it from rocking.
2. THE FIREPLACE - the fire was disconnected after we had agreed to take the property,the landlord told us as he was giving us the keys,he said that it was for safety as we have a smal child as the fire was not secure and could easily be pulled away from the surround.To this day, the fire remains disconnected and can still be pulled away - surely unsafe?
3. ELECTRICAL SOCKETS - our electrical sockets are merely just extension - so we have sockets powering sockets.can't see how this is safe as I am sure this puts a heavy demand on the power supply, increase in Electricity bills? Safe?

Kitchen/Diner

1. FLOORING- this is also uneven in the kitchen,we have had to loosen a leg on the fridge to stop it from rocking,the fridge is also on a slight tilt.
2. Kitchen Tap - The silver from the tap has been peeling itself away since we moved in but will explained more about this later.
3. There are large gaps between the wall and the sideboard.not waterproof at all,this is all the way round the kitchen.
4. We have had to but books between the top of the tumble dryer and the sideboard as the sideboard drops
5. The floor is stained and doesn't look very nice.
6. CUPBOARDS - Most of the doors on the cupboards are 'wonky' and not screwed in correctly. one has actually fallen of in our hands before.
7. GENERAL - The landlord has renovated the kitchen and has put in his own walls and also installed patio doors and window which are kind of 'wobbly' so not quite sure how safe the windows and doors are. the walls are uneven and wonky but can't grumble too much as they are still standing!
   
8. The previous owners had a dog who chewed the bottom of every shelf....not been rectified, not appealing to visitors.
   
9. Oh and we have no drawers!!!!!!
   

Bathroom

1. one problem which has been sorted :T When we moved in...the sink and the toilet came away from the wall, the landlord came to fix the problem twice. but all sorted now.
2. 2 x Tiles have come away from the walland are now 'flapping' over the bath - the wall behing them has all crumbled.
3. Brown dirty and gunge in the corner of the bath and in the corner tiles which is cleanable but not acceptable.
4. The toilet chain is on the side of the toilet but you cannot get to it without putting your hand under the sink - my son cannot even get to it at all.

Bedroom 1

1. The only problem with this room is that you have to slam the window shut to shut it and even then it is not sealed shut properly.
2. Walls in a poor state of repair..dents/patches/poor filling

Bedroom 2

1. Mould on the window frames and under wallpaper.
2. Walls in a poor state of repair..dents/patches/poor filling.

I think that is about all if I am honest..there are other small bits and bobs, not to mention the garden..if you can call it that.

My other issues are:

• There is no Energy Performance Cert for the property (I had to tell the LL what it was!)
• There is no inventory.
• Rent - We have not yet been given any bank details to pay rent by SO even though we have been advised that this is how payment should be made and I have asked for them a number of times.

What I would like to know from you guys is

a) Have we got any grounds to terminate this tenancy early simply because myself and my family as so stressed living here that it is now affecting mine and my partners relationshipe (especially as part of the tenanct states that there must be an EPC for the property)

b) I understand that although the problems above are a major issue,we must still continue to pay rent (£525pcm) but do we have the right to refuse paying the remainder of the deposit seeing as there is so much work to be done on the house.

c) Is this house really habitable?

d) What now?

I think thats about all i can explain for now...happy to answer any questions if you feel i may have missed anything.

I hope someone can help us, we are in an awful situation, we detest this house so much, it's not a home.

Please help

Thanks for reading.x

Jowo_2

How much of this have you reported to the landlord? Shelter offer good info for how to pursue repairs with the landlord, how to keep good records of it and even how to undertake repairs yourself and withold the cost from the rent (which is a formal process that must be properly followed.).

Communication is key - work with the landlord to facilitate the repairs that you report.

As a private landlord, I would never hand over a key to a tenant who didn't pay the deposit in full at the outset. Its highly unusual for a tenant to pay off the balance of a deposit on moving in and with the other observations you've madeabout their poor preparation, it shows that the landlord is naive.

I guess once you've made your stand in refusing to hand over the remainder of the deposit (which is supposed to give the landlord some protection from arrears or damage by tenants), I don't expect he'll make that mistake twice.

Have you been given a gas safety certificate if there is a boiler or gas appliances in the property?

While it is clear it is an undermaintained property and any health/safety problems are unacceptable, some of the things you report seem quite trivial and others you could have easily spotted upon viewing and asked to be resolved before moving in. Grottiness itself is not a reason to claim a tenancy has been frustrated.

You could also speak to your local council tenancy relations officer - the environmental health departments can undertake a health and safety assessment of a property and make a landlord comply with any repairs.

donnadoo515

Hi,

thanks for the speedy reply.

Yes we have a gas safety certificate but he has since installed a new electric oven which is under a gas hob, not sure if it needs to be checked or not.

I understand that some of the points above a trivial however i just stated everything that is wrong in the house.but even the small things mount up in the end when you pay good money that you work hard for and you have to come home from a long day at work and have to look at all the rubbish everyday....it does get you down a bit!

we did spot some of the above before we moved in and all we got from the landlord was that it would all be sorted, there was a week before we moved in that the house was empty and the landlord had supposidly done some maintenance on the property however I can't really see what he has done to be honest.

But again thankyou for your reply, will certinately seek advice about this.

toby3000

I don't think it sounds like it's in an acceptable state, and a lot of rentals are so grim that I do wonder how they ever get rented out. But that is the point - most of the things seem like they should have been spotted when you viewed it.

The fact that you have a slightly unusual arrangement re. the deposit indicates to me that either he couldn't rent it out easily, or that you can't get a deposit together up front, or both. If it's the latter, then it does limit who will take you on as a tenant.

Lots of experience has taught me to never believe what a landlord tells you he will do before you move in. If it's not already been done, or the furniture hasn't been bought or whatever, then there is a 90% chance it will never get done after you have signed!

Jowo_2

If its the case that he's a naive and accidental landlord rather than some Rachman wannabee, I wonder whether you would be able to 'manage' him for mutual benefit in order to transform the property into the home you seek rather than moving out.

It's a great shame he's so sloppy but maybe he's as overwhelmed by the property as you, and you could pull together to get it shipshape? Presumably, he thinks he's done you a favour by letting you move in without paying a full deposit and could be surprised that you are not cutting him any slack back (though to be honest, you shouldn't have to, he should be more professional in managing the property).

For example, do you have the time and inclination to get the flooring and decorating sorted, asking for written permission from the landlord to do it and refund you the cost the materials, perhaps even labour, getting an extension to the AST to give you a bit more tenure?

Do you have friends/colleagues/household members with the skills to fix up the more simple defects you've reported and get a rent rebate from the landlord? (again, a good idea to have everything in writing). Could you present the landlord with recommended reliable tradesman?

Can you persuade the landlord to prioritise the electrical and safety related issues, including the mould and damp, arranging for specialists to do the non-DIY tasks? Or is he a total skin-flint who just won't ever meet his obligations?

If you don't have the appetite for this (I know I wouldn't), then I guess you could check with Shelter whether your tenancy has been frustrated, move out when your contract ends or earlier if the landlord agrees to a surrender (mean while ensure that the landlord attends to each and every maintenance issue that you report).

Ensure you escalate the H&S issues to the council and get the property inspected because of those hazards you've listed, particularly around the fireplace, damp and sockets, if the landlord continues to be apathetic.

Remember that landlords must protect their deposits in a tenancy deposit scheme.

Good luck.

silvercar

I think the landlord is operating on a budget. He attends to important things, like the toilet and sink coming away from the wall and disconnecting a dodgy fireplace and has done a gas safety certificate.

What he hasn't done is sort out uneven floors and sticking windows. These aren't safety issues and TBH I doubt he has an obligation to sort them out. The flooring and decorating are in the condition they are in, when you leave they will be in the same condition and no deposit deduction can be made.

Maybe the landlord intends waiting for the remainder of the deposit before he commits to sorting out the non- safety issues??

ELECTRICAL SOCKETS - our electrical sockets are merely just extension - so we have sockets powering sockets.can't see how this is safe as I am sure this puts a heavy demand on the power supply, increase in Electricity bills? Safe?

I had exactly this discussion with a competent electrician last week. It is perfectly safe and uses no extra electricity. If there was a problem the fuse in the extension socket or in the switch point or on the main consumer baord would blow.

Does the rent (and your slow deposit) reflect the condition of the property? How does it compare with similar properties in your local area?

EPC is a non- issue. If he prepares one next week, so what?

tbs624

It does sound as though this property is pretty shoddy but I think you perhaps have to weed out what are the important bits: for example, if it is an older property then "wonky" floors are only to be expected. Kitchen door hinges need to be properly adjusted or the door *will* come off, but that is easily sorted out. The fact that there are no drawers is something that you should have noticed when you viewed.

However, LLs have to ensure that gas and electrical systems and appliances are maintained in safe working order and electrical work can only be done in a bathroom or kitchen by an electrician with appropriate registration (Building Regs Part P). They also have what is called Section 11 repairing obligations which means that they are responsible for maintaining the structure of the property, including things like guttering, windows , doors etc.

If a property has mould it is often due to a lack of ventilation and a lack of heating.

If you had a working fireplace/fire at the time that you signed up to the tenancy agreement then the LL should continue to provide one in working order.

Your LL is unlikely IMO to have registered your partial deposit with a scheme, because there is no facility for registering a deposit in instalments.

Your local Council's private sector rentals team can assess the property under HHSRS (Housing Health and Safety Rating System) and, if necessary, serve a repairs notice on your LL . Ring them on Monday : you will have to persist because they are always busy

donnadoo515

Hi thanks for all the advice above.

I have now been in touch with the council regarding the Housing Health and Safety Rating System. I am to wait for an appointment to come through, alot of the things that i mentioned to them (as above) they said that they don't look at but will try 'shelter' now.

In all honesety, someone mentioned above about working with the landlord to get the work done...I just want a peaceful life where I can come home from work and chill and also enjoy my weekends so I don't really have the time or want to spend the time that I do have in trying to get the work done myself.

with regards to the flooring, no the house is not old enough to have this issue.I have asked my neighbours and others in the street if they have the same issue and they don't.I think it is the way that the laminate flooring has been laid if I am honest.

Jomo

donnadoo515 wrote: »

Hi thanks for all the advice above.

I have now been in touch with the council regarding the Housing Health and Safety Rating System. I am to wait for an appointment to come through, alot of the things that i mentioned to them (as above) they said that they don't look at but will try 'shelter' now.

In all honesety, someone mentioned above about working with the landlord to get the work done...I just want a peaceful life where I can come home from work and chill and also enjoy my weekends so I don't really have the time or want to spend the time that I do have in trying to get the work done myself.

with regards to the flooring, no the house is not old enough to have this issue.I have asked my neighbours and others in the street if they have the same issue and they don't.I think it is the way that the laminate flooring has been laid if I am honest.

Wouldn't it be easier for you to just find a property that is more up to scratch?

princeofpounds

As a tenant you have a right to repair if the landlord does not do so in a reasonable time. You must follow the procedure set out in case law and document it. The relevant case is Lee-Parker vs Izzet 1971. Shelter have a good summary of it.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

Note that the LL can evict you (but not before your agreed term is up) if he doesn't like you asserting your rights, but it's better than living in a building site.

Note you can only fix things that are *broken*, not things that are just a bit odd.

I don't know which team you exactly contacted at the council but the environmental health unit can come out and issue repairing notices too.

mlz1413

I had wonky floors in a house I purchased that needed phone directories to level up the cooker, w/m and fridge let alone the dining table!

Many of the things you have mentioned should have been spotted on inspection, but at least now you have come across this you will inspect properties better next time, ie open and shut windows and doors and flush the loo and use the taps, open kitchen doors etc to ensure they suit your needs.

I doubt the LL can level the floor or kitchen units and you have probably now cleaned the mould from bathroom and windows, so if you are still so unhappy in this place offer to find new tenants and move on to another property and put it down to experiance.