Broken door lock - maintenance issue but being deducted from deposit?

clutton_2

since we dont know yet how much a new door handle would cost, talk of "fining" the landlord is a bit premature.....

franklee

EagerLearner wrote: »

Will have to talk to a local company tomorrow and see if they can back us up on the fact that it's wear and tear.
As if we could control the inner workings of a handle...

Ask them how long a lock like that should last. Then see if you can find out how old the lock actually is. ARLA have some guidelines with example calculations of how to use the expected lifespan and age here:

http://www.arla.co.uk/infosheets/list.aspx?id=7

in the Avoiding Betterment & Considering Apportionment section. See the fair wear and tear section too if you think it comes under that.

Finally if all else fails then I'd be asking her to keep and show you the removed internals of the lock when it's repaired, make sure you take a camera. That will show if it's rusty etc. and give clues as to why it failed. I'd put this request in writing so if she throws the lock away she will look bad.

EagerLearner

Hi everyone and hope you are having great weekends.
Would you believe it - last night on our way out, our own front door handle went, just our luck. Inside one is fine! Aaaagh... lucky we have keys to the back door.

I found the following info re gas certificate:


PENALTY AND ENFORCEMENT: The maximum penalty imposed in a Magistrates Court for non-compliance is a fine of £5,000. Note however, that where injury or death occurs due to the non-compliance an unlimited fine and or custodial sentence can be imposed.

No mention of jail but presumably if you can't afford the fine, you might go to jail sort of thing.
As Clutton says, we don't want to pre-empt anything and will await handle quote.
It's worth knowing about the gas, as we never were given a copy of the certificate in year one when the check was done. That was in 2007 and it has not been done since.
As I say, I think that because she is a 1st time landlady she is guessing at alot. Also as we have presented no problems, she's simply gotten used to not having to worry too much about the place, including getting the handle sorted quickly, gas checks etc.

I have no idea what lock it is or when it was installed, but all looked quite new. If she comes back with a quote we'll suggest she talks to the installers, plus remind her she said she would sort this in Summer. Though we have already raised this in writing and she is ignoring it and saying we need to return the handle to the working condition it was in when we moved in.

I imagine we wouldn't raise the issue of the gas checks unless she still insists? In which case who needs to know about the lack of gas certificates and charges - DPS?

Are there any other main items that she should have done whilst we were tenants, along the lines of the seriousness of a gas check? Fire alarm was battery operated and I know she pressed the test button each year when she attended. An electrical check was never carried out whilst we were there so we have no certificate.

Many thanks again, our new home is still a mess and full of cardboard boxes and painting, don't know what I would do without you all right now!

PayDay

EagerLearner wrote: »

It's worth knowing about the gas, as we never were given a copy of the certificate in year one when the check was done. That was in 2007 and it has not been done since.
As I say, I think that because she is a 1st time landlady she is guessing at alot.

Disgraceful! No excuses for being a 1st time landlady.

EagerLearner wrote: »

I have no idea what lock it is or when it was installed, but all looked quite new. If she comes back with a quote we'll suggest she talks to the installers, plus remind her she said she would sort this in Summer. Though we have already raised this in writing and she is ignoring it and saying we need to return the handle to the working condition it was in when we moved in.

Fair wear and tear. Door handles don't last forever.

EagerLearner wrote: »

I imagine we wouldn't raise the issue of the gas checks unless she still insists? In which case who needs to know about the lack of gas certificates and charges - DPS?

Environmental Health. You should tell them to protect the next tenant.

Did the LL protect your deposit?

clutton_2

EL - do you know if a gas inspection was done, but you were not given a copy of the certificate ? or are you saying that no inspection was done ? if not - Maybe you could have asked her for one in 2008 ?

there is no legal requirement for a legal certificate for electrical installations...

i expect tenants to do things like maintain the batteries in smoke alarms, (it is in their interests to do so, as a LL cannot possibly know when the batteries are due to be replaced) and to bleed radiators if necessary

Gorgeous_George

Fortunately my BTL is all electric. However, I think the law is stupid. I would like to see tenants become responsible for having the gas safety checks done and let them pay a reduced rent in the 12th month of each tenancy in return for a copy of the certificate.

I don't expect Avis or Hertz to make sure that I wear a safety belt. If I'm pulled over by the police and have bald tyres on my hire car it isn't the hire company that is fined.

That said, the law is the law and if I did have gas in my property I would have the checks done.

GG

PayDay

http://www.hse.gov.uk/GAS/domestic/faqlandlord.htm#faq2

What are my duties as a landlord in relation to gas safety?

You have duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe Registered engineer [2] for all pipe work, appliances and flues, which you own and have provided for your tenants use. You must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe Registered engineer. You must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.

What if I break the regulations?

You are putting lives at risk and breaking the law. HSE gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations;this couldresult in a substantial fine and/or a custodial sentence. For further information visit our enforcement page[14].

PayDay

Gorgeous_George wrote: »

Fortunately my BTL is all electric. However, I think the law is stupid. I would like to see tenants become responsible for having the gas safety checks done and let them pay a reduced rent in the 12th month of each tenancy in return for a copy of the certificate.

The landlord is responsible for the safety of a tenant. That way the LL has to carry out the gas safety check and make sure their electrics are safe.

EagerLearner

Hi all,
We e-mailed her saying we do not agree that she should charge us for the lock, saying she intended us to pay for it all along. She is asking for £110 to cover the lock and also a fridge shelf. She has even quoted terms of contract that fixtures and fittings damaged due to neglect and misuse are down to us.

£110 is not much but it's the principle.

She has also, as suspected, now 'found' other issues to her plucked-out-of-thin-air figure of around £290, so holding us to ransom.

She has started the process with DPS to release the funds, but I cannot access it yet as need an ID. I imagine it will be the full deposit amount, minus £110.

I am tempted to say that, without prejudice, we will contribute £50 to close the issue, and also ask for copies of the annual gas safety check and send her the relevant link, hopefully whereby she will see the £5,000 fine info. It was only done in 2007 but we never got any certificate at that time. So 2008 and 2009 were not done.

I should add for your info that the only gas appliance is the boiler, oven is electric, so imagine the gas safety check issue still applies.

What does everyone think?

EagerLearner

Hi all just a little bump to see if anyone had thoughts, as we'd like to e-mail her today...