Problems with my letting agents!

mrmichaelf

Well where to begin!

We moved in a little over a year ago and within the first week, the boiler broke down.

1. We had to wait 10 weeks for it to be fixed, during this time, with two little ones we had to run from an electric back up boiler which resulted in an extremely larage electricity bill.

2. In our 2nd week, we used the dishwasher which was provided to us with the house for the first time. Came downstairs to find the kitchen and dining area completely flooded. We haven;t used it since, despite a promise of a repair, this has never happened

3. In May last year during high winds, 2 roof tiles were blown off the roof next to where the velux window is in the roof. We have a 3 storey house. They sent a repair guy out who said it was too difficult for him to get up to the top and didn't do anything. Result, tiles still missing to this day.

4. In September 2009 we had a large water bill (were on a meter) Yorkshire water came out and told us the toilet in the main bathroom was leaking from somewhere (cant remember where, im not a plumber) He said it was a minor job. We contacted our letting agents (all repairs have to be done by their people) It took until January!!!!!!! 2010 to send a plumber out, it took him 90 seconds to fix. Result, over £200 additional water charges

5. On Christmas Day, we came into the kitcehn to find it completely flooded and the dining area carpet is now ruined. Result, no one has ever bothered to come out to investiagte the cause or sort it out.

6. Out central heating boiler was six weeks overdue on its service.

I have phoned, wrote, emailed, done everything I can, but I get fobbed off.

I have been told to move out if they dont like the way they manage the property.

I have also been told if I take legal action they will throw me out anyway.

The owners live in Australia, and the letting agents will not provide me their address so I can write to them.

The simple solution would be to move out. Unfortunately, my other half wont. We've talked about it and she says no way. The kids are settled here, we love the area, made some great friends on the street.

We are in despair, we really don't know what to do.

I have been told by the letting agents the only person I can speak to now is the general manager, although every time I write phone or email he is too busy to deal with me.

Please someone advise me!

Fire_Fox

The problem is not with the letting agent as they have no responsibility to repair the property, the problem is with your landlord or with communication between your landlord and his agent. The letting agents are legally obliged to provide you with an address in this country at which you can serve notices, however you must request this in writing and I would suggest you quote the legislation, explained here:
http://www.landlordzone.co.uk/landlord%27s_address.htm

Never phone or e-mail, all communication should be in writing by recorded delivery - I suspect they will not want to threaten eviction in writing! If you are getting no response you will need to contact Environmental Health who can enforce the landlord's repairing obligations. There is no benefit to the letting agents to evict you as both they and the landlord will lose money and the property will still have to be repaired. I have no idea what legal action you think you are going to take but this is not the right course of action.

Cannon_Fodder

By law, you are required to be given the LL address.

(Not that much despair, if your other half doesn't want move.What are we supposed to do, talk her into it for you?!)

I know the advice is never not pay the rent, as you stoop to their level and risk your own "higher moral ground", when it comes to a judge believing one party of another, so I'd say write recorded delivery specify the things you will arrange to fix and that in 7 days those items will be fixed with a matching reduction in rent.

Check the letting agent's industry membership, make a complaint to them.

Though, to be frank, if you are not prepared to give yourself the option of calling their bluff and moving out, you are limited in what you can do.

mrmichaelf

I have wrote recorded delivery on three occasions, and never had a reply from them.

In my contract it states the letting agents are responsible for repairs, and since I signed that contract, and so did they, surely they have to abide by it.

They have told me it would break DPA to give me the owners address in Australia.

Fire_Fox

mrmichaelf wrote: »

I have wrote recorded delivery on three occasions, and never had a reply from them.

In my contract it states the letting agents are responsible for repairs, and since I signed that contract, and so did they, surely they have to abide by it.

They have told me it would break DPA to give me the owners address in Australia.

What else do you want us to say? We have told you the legal position and you are coming up with ifs and buts. There are no if and buts, what we have advised is correct - Google it is you are not convinced.

The letting agents don't have to give you the address in Australia, as we have already said they have to give you an address in this country at which to serve notices. Have you read the link? Quote it at the letting agents.

The landlord is ultimately responsible for repairs and maintenance. Although he may choose to delegate the actual legwork to his agents the legal responsibility remains on your landlords shoulders. You have no contract with the agents, you are contracted to the landlord and the landlord is contracted with the agents.

If letters are not working then you need to contact Environmental Health and ask them to enforce the repairing obligations. Regardless of any response continue to report all problems in writing by recorded delivery, keep the receipts and check that they were actually signed for as you may need this paper trail in the event of a deposit dispute. At present the verbal reports of the problems are your word against theirs, they cannot deny having signed for repeated recorded delivery letters.

mrmichaelf

Fire_Fox wrote: »

What else do you want us to say? We have told you the legal position and you are coming up with ifs and buts. There are no if and buts, what we have advised is correct - Google it is you are not convinced.

The letting agents don't have to give you the address in Australia, as we have already said they have to give you an address in this country at which to serve notices. Have you read the link? Quote it at the letting agents.

The landlord is ultimately responsible for repairs and maintenance. Although he may choose to delegate the actual legwork to his agents the legal responsibility remains on your landlords shoulders. You have no contract with the agents, you are contracted to the landlord and the landlord is contracted with the agents.

If letters are not working then you need to contact Environmental Health and ask them to enforce the repairing obligations. Regardless of any response continue to report all problems in writing by recorded delivery, keep the receipts and check that they were actually signed for as you may need this paper trail in the event of a deposit dispute. At present the verbal reports of the problems are your word against theirs, they cannot deny having signed for repeated recorded delivery letters.

Yes I have read. And I find your patronising attitude quite offending.

I fail to see where I have come up with ifs and buts. If you read my original post, you would see I stated I have already wrote to them, and this was via recorded delivery. I'm not stupid.

After a further read of my tenancy agreement, it clearly states the letting agents are responsible for the repair and maintainance. Why print this, if this is not the case? If I have no contract with the agents as you say, maybe I should quit paying the rent to them and pay this directly to the owners?

Fire_Fox

mrmichaelf wrote: »

Yes I have read. And I find your patronising attitude quite offending.

I fail to see where I have come up with ifs and buts. If you read my original post, you would see I stated I have already wrote to them, and this was via recorded delivery. I'm not stupid.

I read that you were using an unfocussed/ disorganised approach - some letters some phone calls and some e-mails - and that you do not know your rights. Writing recorded delivery letters is not all about getting results, it's abundantly clear that nothing you can say will achieve that. Continuing to send recorded delivery letters is about protecting yourself in the event of a deposit dispute and demonstrating to any outside agency (EH/ DPS arbitration/ small claims court) that you have done everything in your power to resolve the issues.

If you run a search on the board you will see how many tenants who would have a rock solid case are hampered by a lack of evidence. Read the Shelter website and you will see the same advice that I am giving.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/reporting_evidence_and_access

mrmichaelf wrote: »

After a further read of my tenancy agreement, it clearly states the letting agents are responsible for the repair and maintainance. Why print this, if this is not the case? If I have no contract with the agents as you say, maybe I should quit paying the rent to them and pay this directly to the owners?

Many ASTs contain unfair or unenforceable clauses. The AST does not override the legislation: the agents are exactly that an agent of the landlord, they are standing in his shoes. The landlord has given them permission to collect the rent and to repair or maintain his property. The landlord cannot delegate his legal obligations.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/responsibility_for_repairs

mrmichaelf

Fire_Fox wrote: »

I read that you were using an unfocussed/ disorganised approach - some letters some phone calls and some e-mails - and that you do not know your rights. Writing recorded delivery letters is not all about getting results, it's abundantly clear that nothing you can say will achieve that. Continuing to send recorded delivery letters is about protecting yourself in the event of a deposit dispute and demonstrating to any outside agency (EH/ DPS arbitration/ small claims court) that you have done everything in your power to resolve the issues.

If you run a search on the board you will see how many tenants who would have a rock solid case are hampered by a lack of evidence. Read the Shelter website and you will see the same advice that I am giving.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/reporting_evidence_and_access



Many ASTs contain unfair or unenforceable clauses. The AST does not override the legislation: the agents are exactly that an agent of the landlord, they are standing in his shoes. The landlord has given them permission to collect the rent and to repair or maintain his property. The landlord cannot delegate his legal obligations.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/responsibility_for_repairs

Thankyou, that is alot clearer.

I will contact environmental health. My main worry is the roof, which has had tiles missing for almost a year in some terrible weather!

kate252

write the reorded letters- keep copies of all letters- show CAB these letters and keep phoning the manager of your estate agents
not wanting to be rude but you sound a bit too easy to be fobbed off- if manager is unavailble ask when he is then phone back or ask to set up a meetiing- get the top man pin him down and dont give him excuse to wriggle away and be totally assertive- tell him what you are doing that you are keeping copies of letters and that if this continues you will send a complaint to whomever complaints go to about estate agents- i know they are a law onto themselves but there must be one weak point you can utilise- tell them you will tell everyone on local forums or local papers how rubbish they are and you will warn people not to rent from them- that will get his ars in gear. maybe they areb taking advantage of you and you need to reassert your authority and rights- one way of doing this is to know what your rights are exactly first and you hav been given advice on this on here- so act on that advice because these gys know what they are talking about.

clutton_2

read shelters website in terms of following the procedure for doing repairs yourself and deducting monies from the rent... but it is a very specific procedure and has to be carried out exactly..

if the agent has no money from the landlord he will never carry out repairs...

is your deposit in a Deposit Scheme ? f it is not they cannot issue you with a Section 21 notice to quit.....

mrmichaelf

Thought I would update people with whats happened.
I did speak to the General Manager who sent someone out to look at what needed doing.

The next thing I recieve is a letter telling us to vacate the premesis within 2 months as we have not kept the property in a decent state of repair. I went in in person to see why this was, and was told that I caused the damage to the roof as wind could never remove the tiles. I was also told that the flooded kitchen came because i left the plug in the sink as there was no way it could become flooded.

They now want me out and have said monies will be deducted from my bond to repair the roof etc.

I cannot believe this, as we, in my opinion have been perfect tennants, but we are obviously posing a problem to them as we have persisted in complaining to them.

We will struggle to find somewhere and move in that time, especially with 2 young children, and we would reply on getting the bond back for a bond on a new property.

We have contacted CAB but frankly they haven't been much help. They said we have to prove we didn't cause the damage. I don't know how we can do this.