Lanlord responsibilities

unrulygirl

princeofpounds wrote: »

You will have to make a choice - be assertive and risk bad relations or not be assertive and get walked over in future. There is no right answer.

As long as you didn't damage the lock yourself or otherwise muck it up then it is the LL's responsibility to pay. Send them a letter before action quoting Section 11 of the Landlord and Tenant Act (and get written evidence from the locksmith that the lock was faulty and that it was not accidentally damaged by you). If they don't reply, small claims court.

This is what worries me. I still have to live there for a further 9 months and don't want to risk any bad feeling.

I may contact the CAB and ask if they can see any way round this.

unrulygirl

BexInLondon wrote: »

£80 compared to a rent of £495 isn't minimal at all! What else have you brushed under the carpet with this LL?P

no smoke alarms, no gas certs ( that I've seen!) and no handrail on the external stairs....

mlz1413

is the rent the same as anywhere else, can you move to another rented flat without too much expensive and upheaval - if the answer is it will be more than £80 then you will be costing yourself money for a point of prinpcle.

are the other things you have 'brushed under the carpet' likely to happen again? are they costly or emotional things? on balance would it be much different anywhere else?

As you have lived there 15 months are you signing fixed term contracts or just on rolling now the fixed term is over? if your in a long fixed term then don't brush away anything else, if your on periodic you have to decide if its worth making a fuss over the next thing as your LL could just give you 2 months notice.

Jowo_2

unrulygirl wrote: »

The fee was £80 which is minimal especially when my rent is £495 per calendar month.
...In comparison to my monthly rent, the cost is minimal.

Tenants are responsible for expenses associated with their wrongful behaviour, whether through negligence, by accident or deliberately, while landlords are responsible when it is a maintenance defect, no matter what they cost compared with rent paid.

Shelter offer good advice on how to report and enforce repairs that landlords are responsible for. They recommend that tenants keep good written records so challenge the failure to refund you with evidence provided by the locksmith and keep a copy. This applies to the stuff that you haven't yet brought to his attention.

If you are renting a property in England/Wales, did the landlord protect your deposit in a tenancy deposit scheme?

unrulygirl

mlz1413 wrote: »

is the rent the same as anywhere else, can you move to another rented flat without too much expensive and upheaval - if the answer is it will be more than £80 then you will be costing yourself money for a point of prinpcle.

are the other things you have 'brushed under the carpet' likely to happen again? are they costly or emotional things? on balance would it be much different anywhere else?

As you have lived there 15 months are you signing fixed term contracts or just on rolling now the fixed term is over? if your in a long fixed term then don't brush away anything else, if your on periodic you have to decide if its worth making a fuss over the next thing as your LL could just give you 2 months notice.

Not all emotional things, more like safety of the flat things eg. no smoke alarms, broken handrail not replaced. Though I do think that I am too being affected on an emotional level as it sometimes feels as if they are too ready to apportion blame rather than accept respnsibility. Eg My boyfriend stayed over, he left just as my landlord was coming round. My landlord was pleasant as always, didn't mention my boyfriend being there but later that day I got a text asking if I had moved anyone in - could he not ask me this to my face?

I am in contract till 31st August 2010.

unrulygirl

Jowo wrote: »

Tenants are responsible for expenses associated with their wrongful behaviour, whether through negligence, by accident or deliberately, while landlords are responsible when it is a maintenance defect, no matter what they cost compared with rent paid.

Shelter offer good advice on how to report and enforce repairs that landlords are responsible for. They recommend that tenants keep good written records so challenge the failure to refund you with evidence provided by the locksmith and keep a copy. This applies to the stuff that you haven't yet brought to his attention.

If you are renting a property in England/Wales, did the landlord protect your deposit in a tenancy deposit scheme?

As far as I am aware he did, my tenancy is an assured shorthold?

I think I object to the fact that me merely shutting the door (and bolting the dead lock) constitutes 'wrongful behaviour'

Fire_Fox

You need to put all your concerns into writing and give the landlord the chance to rectify the problems. Perhaps once he knows you know he is breaking the law with the health and safety stuff he might decide to pay what he owes for the lock!

unrulygirl

Fire_Fox wrote: »

You need to put all your concerns into writing and give the landlord the chance to rectify the problems. Perhaps once he knows you know he is breaking the law with the health and safety stuff he might decide to pay what he owes for the lock!

This is what I want to do, I'm calmed down slightly and want to go about this the right way!

mlz1413

I agree with FF too, write down the things you want to say.

I would not mention the lock I would stick to facts, please supply me with the GCS as I do not have a current one. I also do not have any smoke alarms in the flat but have been told they should be in all rented properties so would appreciate knowing your plans for fitting these. I have advised that the handrail is broken verbally but it is still not repaired please can you also advise when repair or replacment will be made.

Get a friend or parent to read though the letter so that you can ensure you have worded it clearly.

silvercar

When you found the lock inoperable, did you contact the landlord before sourcing a locksmith yourself? The landlord may argue that he would have come round himself or sent his handyman if he had been notified of the problem. (assuming you have a contact number for your LL)