Dodgy wiring: can we arrange repair?

Schannah

Hi,

We are renting a flat under an assured shorthold tenancy and from the outset our landlord (or our landlord's agent) has been aware that there are issues with both the lights (turn on and off) and the water heater (doesn't heat water properly.) She has been fairly distant in dealing with these issues, and we've tried to contact her a fair few times about having these sorted out. Whenever we do get hold of her, usually by phone (although her mobile number is only for "emergencies") she vaguely promises to get in touch and arrange for it all to be seen by an electrician. It's now been 10 months since we moved in and although I know that we probably should have been more persistent in the first place, we're really annoyed that the problems haven't been sorted out by now, especially now that it's almost always dark when we're at home and well over 50% of the lights in the flat do not work or turn on and off. They've also discovered some dodgy wiring in our bathroom ceiling (long story involving downstairs having their extractor fan catch fire leading to v. rare communication from the agent), which I would consider as even more reason for them to respond to the call to have a look at our lights. I'm to the point of considering just getting an electrician in myself and sending the agent the bill; we've made much more than reasonable effort to contact her to have these problems sorted out.

What are my legal rights in terms of arranging for the repairs myself at their cost?

clutton_2

have you put all these requests in writing ? if not you must do so - there is a good section on the Shelter website about how to go through the correct procedure with regard to doing your own repairs.....

if you authorise a repair man to do work without written authorityh from your LL - you are responsible for paying him

princeofpounds

The short answer is yes.

The long answer is that you need to follow a procedure that was set out in case law (Lee Parker vs Izzet 1971).

This is summarised in the Shelter guide referred to above. Google or search these forums and you will find a wealth of info.

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

If you have not complained in writing then frankly the clock has not even started ticking yet - you need to be able to demonstrate the landlord was unreasonable if they decide to sue you for the rent you will not be paying.

You might also wish to remind them in your reminder letter that you could also consider calling in the environmental health unit of the local council. They assess the safety of premises under the Housing Health and Safety Rating System. They can issue repairing notices to fix certain hazards-causing problems (read the guide below to see if yours is related to one of the 29 hazards).

http://www.communities.gov.uk/housing/rentingandletting/housinghealth/

1984ReturnsForReal_2

princeofpounds wrote: »

The short answer is yes.

The long answer is that you need to follow a procedure that was set out in case law (Lee Parker vs Izzet 1971).

Thats the best piece of advice I have read all week.

princeofpounds

Thats the best piece of advice I have read all week.

Cheers, but it's not original - comes up as the answer to many questions on this board.

The big problem is that despite the fact that a massive segment of the population rent, there isn't actually any education on how to do it. People aren't aware of even basic things like this (I wasn't until my third year renting - then just stumbled across landlordzone forums), because they don't even know what questions to ask, let alone answers.

There are a lot of people out there living in substandard accomodation and being treated like dog poo by dodgy landlords and they don't have to accept it (although under current law the landlord can just kick you out after 6 months if he doesn't like your whining, which sucks).

1984ReturnsForReal_2

princeofpounds wrote: »

(although under current law the landlord can just kick you out after 6 months if he doesn't like your whining, which sucks).

& kill the next set of people in a house fire caused by dodgy electrics..


Goodnight.

Schannah

Christ. I should have got on this much sooner. Our contract is up on 6 March; we won't have the time to complete that procedure. Hm. Looks like it's going to be a dark winter for us.

I guess I'll lodge a complaint with the estate agent then? I don't expect this to really achieve much but it looks like one of the only things we can do right now -- we can't afford court action or anything.

And to answer the question about putting it in writing: I have copies of emails sent a little over a month ago in immediate response to the agent's email about downstairs and their fire, but that's about it.

BitterAndTwisted

Once you put something in writing and send it by Recorded Delivery this should prove to the agents and the landlord who they represent that you mean business. Even if you choose to not renew your tenancy in March (and I certainly would not) the least that could happen is that you have proof that the landlord is neglecting their responsibilities to you and the next set of unfortunate tenants. I'd copy in your Local Authority's private rentals section, so they are aware as well. Honestly, the place sounds like a potential death-trap, so I fervently hope you've got smoke alarms absolutely everywhere.

Fire_Fox

Schannah wrote: »

Christ. I should have got on this much sooner. Our contract is up on 6 March; we won't have the time to complete that procedure. Hm. Looks like it's going to be a dark winter for us.

I guess I'll lodge a complaint with the estate agent then? I don't expect this to really achieve much but it looks like one of the only things we can do right now -- we can't afford court action or anything.

And to answer the question about putting it in writing: I have copies of emails sent a little over a month ago in immediate response to the agent's email about downstairs and their fire, but that's about it.

It's not the estate agent's legal responsibility to repair it is the landlord's responsibility. Put your complaints into writing and send the letter recorded delivery - you need a paper trail or the landlord could easily say they were not aware of the full extent of the problem. Get Environmental Health or the private lettings officer from the local council involved if you get no joy from the recorded delivery letter.

Schannah

No, I understand that it's the landlord's responsibility - I was just under the impression that the way to flag up the landlord's failings for any new tenants would be to inform the estate agent, even if we don't have the time ourselves to resolve the problem. And no, we're certainly not renewing our tenancy.

The flat itself doesn't appear that bad. It's in a little block that was built only a couple of years ago, and we inspected the floors and the walls and the ceilings and the windows and the pipes and anything else that we could think of that might show potential problems, when we moved in. And it all looked great. The place looks lovely, very tidily done, electrical sockets all tested and fine, smoke alarms everywhere, the works. The wiring, though, we obviously couldn't check, and I don't know how badly it's been done but it must be in pretty poor condition to have caused a fire downstairs (and it's more alarming that this happened even though we all have circuit-breakers. I was under the impression that this should prevent electrical fires?)

All we really know is that they've discovered faulty wiring downstairs and in our flat and therefore had to remove the extractor fan from our bathroom (leaving a gaping hole in the ceiling) and that our lights go on and off all the time. There's a bunch of other little issues too but none of the others make me concerned about safety.

And if anybody's wondering... the extractor fan removal was done while nobody was in the flat and without permission, so we couldn't pin them down.

Buuuut I ramble a lot. I do of course take everybody's advice on board! Recorded Delivery it is.

chappers

You could always try the soft approach write to your LL suggesting that for their convienience you employ an electrician to give a quote and that you woill then deduct the money from the rent, it may just be your LL is being lazy, if they still won't play ball then you will have to be more official in your demands.