Rental repairs and withholding rent

mahoney

We have been going on since August now trying to get our oven fixed. We are really at the end of out tether now - the landlord is continuously making excuses up as to why it has not been fixed yet (can't find the right oven, not in stock etc etc). We have 2 months rent to pay then we move out - so possibly LL is intentionally stalling so that the oven goes in after we leave. Is it within our rights to with hold the rent until it is fixed? IMO it is a health hazard as the front door (glass) is balanced in and falls out if you go near it, plus I have a freezer full of food which I can't use (oven only).

Should we get legal advice?

It is a short hold tenancy.

THANKS

Jowo_2

There is a process listed on the Shelter website which you can follow whereby you notify that if the landlord doesn't fix a fault by x date, you get 3 quotes and withold the cost of the repair from the rent. Keep good records, do everything in writing and keep a copy. Follow the process as outlined on the Shelter website.

Is there a valid gas safety certificate for the property?

Flower08

Im not sure legally where you would stand, but i had this problem with a broken washing machine in the past. Rent day came - i didnt pay, landlord wanted to know why, i told him it would be paid when the washing machine was fixed. After 4 weeks of no washing machine he suddenly had it fixed within two days.

mahoney

Thanks both. I just looked on the Shelter website and it says the LL is reponsible for repairs to all gas appliances. Interesting. The top bit is gas, lower oven part electric, so LL should be fixing this.

I'll read more on the Shelter website ..

Jowo_2

It is the landlord's responsibility to fix these kinds of issues (but the tenants responsibility to pay if their negligence - untenant-like use - breaks things).

Tenants cannot withold rent - they merely breach their contract and even if its in response to a landlord's poor behaviour, it's still classed as arrears.

The process that Shelter outlines is the few instances when a tenant can take things into their hand by deducting the cost of a repair from their rent - you've indicated that you believe the landlord won't effect a repair during your tenancy, this way you can get it fixed in the next week or two.

bobby-boy_2

Mahoney don't get hung up on the Gas electric thing its simple if the Landlord owns it he is responsible for repairs if it broke through normal use.

If you smashed the oven up with a sledge hammer then you become liable for the cost of repair or replacement.

2 months is NOT a resonable time to be without an oven, get quotes give him/her 7 days notice ( in writting) then get it fixed and deduct the money from the rent and send them a copy of the bill for the shortfall.

mahoney

Thanks all. It does make sense to get a new one and take it off the rent. However, I do see this as a pain and think it's the responsibility of the LL. He just seems to want the £ each month. I'm working on redoing my own property at the moment so don't particualry want to waste money on finding a oven for LL when I need to be buying a new oven for my new place (amongst another 100 things to do )

mahoney

If we do withhold the whole rent can they do something with the deposit?

bobby-boy_2

Why do you want to withhold the whole rent and not just the cost of the repair?

To answer your question they can claim the rent you owe back from you as unpaid.

mahoney

bobby-boy wrote: »

Why do you want to withhold the whole rent and not just the cost of the repair?

To answer your question they can claim the rent you owe back from you as unpaid.

To get the LL to move (see Flower08's post)

tbs624

mahoney wrote: »

We have been going on since August now trying to get our oven fixed. We are really at the end of out tether now - the landlord is continuously making excuses up as to why it has not been fixed yet (can't find the right oven, not in stock etc etc). We have 2 months rent to pay then we move out - so possibly LL is intentionally stalling so that the oven goes in after we leave. Is it within our rights to with hold the rent until it is fixed? IMO it is a health hazard as the front door (glass) is balanced in and falls out if you go near it, plus I have a freezer full of food which I can't use (oven only).

Should we get legal advice?

The LL has a legal obligation to maintain equipment provided by him, effecting repairs within a reasonable time. With electrical items the LL owes you a common law duty of care and clearly an oven door which pops out is not safe. See here for more info on a LLs obligations on all things electrical

The gas hob should have been included with an annual gas safety check and certification of other gas appliances - fires, GCH etc

Send a recorded delivery letter to the LL confirming the date on which you notified the problem to him, the dates on which you have chased the matter up since then and state that it is clearly unreasonable for the repair or replacement to take 3 months. Tell him that you want it sorting within the next 72 hours. Type at the bottom cc: private sector rentals team, mytown council. Keep a copy.

Your next step is a follow up phone call to the Private Sector Rentals Officer at the local Council which should get the LL moving.