Rental Problems, Advice Sought?

J3OEF

On the 4th November 2009, I reported various issues to my letting agent regarding possible damp issues within the property aswell as a defective heating system. I got a reply back from them saying they will chase up the contractors and get them to come and have a look, they did but only for the damp issue, stated we needed window vents or something and did not return for about 3 weeks.

They infact only returned because I decided one evening to take pictures of the window sill, mattress, carpet and bed slats which had all gone mouldy and sent them to the letting agent. They quick returned within 2-3 days and as far as they were concerned sorted the problem. Infact we feel they didn’t because what they have done is fitted a 6 x 6 inch vent dead centre of the window but below the window sill.

This is great if you require air conditioning, but im afraid we don’t, It blows constant cold air at us when we sleep and we cannot do anything about it, its causing nothing but trouble. Because the vent is that big we are waking up with stiff necks and are having to sleep with extra layers aswell as 2 quilts. My missus has also recently become ill, this could be because of this, who knows. I myself also have an issue with my throat where I am constantly waking up with mucus and what not waiting to be released.

I also raised the point to the agent of who replaces my mattress, they told me it would have to go through my contents insurance which I thought was strange as for 1, its not my fault so im having to pay an excess and have a claim on my insurance??

The insurance company told me this was wrong and the agent is trying to fob me off and no such policy would cover such a thing, especially if caused by damp or other issues. I have yet to get back to them about this.

Our heating system also has issues, it sounds like its going to take off, it don’t work properly and we have gone as stated, now 2 months without a properly working central heating system. They sent someone out to look at it, about 1 week before xmas, so 6 weeks after we reported the issue??

He didn’t have a clue, spent 20 minutes here then went away and said he would inform the landlord and be in touch, maybe he did, but im assuming he didn’t as we have not heard anything since. We have at times over xmas stayed at my mothers due to the house being freezing because the heating system does not heat up the house, along with the stupid vent within the bedroom which when temperatures drop to minuses is just a nightmare.

I told contact my local councils enviromental health services who responded very quickly and stated they will be in touch within 3 days re the issue where someone will come round to inspect the issues.

I also read somewhere that a landlord must provide tenants with a heating system that does not provide to be a nuisance in terms or noise etc? how true is this?? While we are on the subject, it states in my tenancy agreement that the landlord agrees with the tenant as follows…..

To keep in repair and proper working order the central heating system and all electrical appliances and other equipment provided by the landlord for use of the tenant unless said repair is necessary as a result of damage sustained through missue by the tenant.

Clearly going off the above the agent has not kept to this part of the agreemtn so because this has gone on for 2 months now I am wondering if there is any way in which I can perhaps claim back rent or any such thing due to the above issues not being resolved?

Thanks for reading and I await any replies

Fire_Fox

Have you been advised what sort of damp you have? At this time of year the most common is condensation caused by a combination of lifestyle factors and lack of ventilation. The alternative to using window vents is to alter your lifestyle and/ or use a dehumidifier on a daily basis. Run a search on condensation for more details.

In terms of the heating system the landlord is obliged to keep it in working order and in a safe condition. Have you been supplied with an up-to-date gas safety certificate? You haven't specified what you mean by the central heating not working properly, so it's difficult to say whether your landlord is acting within the law, but it would be wise to put all concerns into writing and send the letter recorded delivery. Note that the letting agent has no legal responsible to repair or maintain the property, so you might be best served dealing with the organ grinder rather than the monkey!

J3OEF

The damp was caused because the windows had no vents in them and with the coldness, it was not always ideal to leave windows open at night although at times we did.

The heating system is not working properly because, when we turn it on, only the bottom of the radiator warms, roughly 2-3 inches and thats it. If you sit there for 10 minutes and bleed it then its fine for a while the goes back to normal, likewise when you turn it off. Also, it makes some ridiculous racket as ive stated above. I have not been supplied with any upto date gas safety certificate, should i have been?

It just annoys me that ive told him of these issues on numerous occasions and he does nothing untill that time when i took pictures of the mould and sent them too him, someone was round the next day trying to fix the damp issue.

I have enviromental health round today and they are now acting on my behalf, they themselves said the vent in the bedroom is not ideal and no one wants a vent that big blowing cold air at them when they are sleeping, he said they should of fitted some sort of catch on it so we can open and close it like window vents. He also gave me a number of a free advice law center in bury, but they only deal with rental advice and housing matters on tuesdays so ill be visiting them then.

I do not have the landlords details or i would of been onto him. 2 months and waiting now, yet i am paying rent and no doubt it 1 day late ide be getting hasseled and charged interest.

clutton_2

it sounds like there is air in the system - this can cause a lot of noise if not dealt with.... i know an excellent Gas Engineer in Bury if you decide to employ someone yourself..or who you could recommend to your LL . read Shelters website as to how to effect your own repairs

but dont stop paying your rent....

J3OEF

i have not stopped paying it, i have continued to pay but can i not claim any back considering this issue has been on going now for 2 months

BitterAndTwisted

Put everything IN WRITING to the agents, keep a copy and send all correspondence by Recorded Delivery. The landlord is obliged to keep the heating and hot water system in good order and you won't be able to claim anything back off the rent unless you have a proper paper-trail and conform to the procedures set out on the Shelter web-site. You could find that once you start writing and then ask for a reduction in rent to reflect the lack of adequate heating the landlord might be amenable. Don't forget that the agents are only acting as intermediaries for your landlord and any problems taken up with the agents may not necessarily have been communicated to the landlord.

Start writing!

clutton_2

have you bled the radiators ?

franklee

J3OEF wrote: »

I do not have the landlords details or i would of been onto him.

Write to the agent asking for the landlord's name and address, you are entitled to know the landlord's OWN address (that is his place of abode or place of business or, in the case of a company, it's registered office).

Under section 1 of the Landlord and Tenant Act 1985, tenants of dwellings in England & Wales, who make a written request have a right to the landlord's name and address. In this case the agent's address will not suffice. This information must be supplied within 21 days. The legislation refers only to the landlord's name and address, not his telephone number or any other form of contact details.

franklee

To sort condensation you need heating and ventilation. The heat allows the air to hold more moisture and then you can open windows creating a draft to carry the moisture laden air out of the property. Without adequate heating you're not going to get far.

J3OEF

I have already wrote a letter to them asking for some sort of compensation for my mattress as it was damaged as this was no fault of my own, i also attached copied letters from the insurance company. I will write a further letter re heating and ask for some sort of compensation or rent back? is this correct?

J3OEF

does anyone know if there is any sort of template letters floating about asking for reimbursement of rent etc due to them breaking their part of the tenancy agreement due to defective heating for 2 months etc. If not then what exactly would i write in the letter or how do i go about it?