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Unfair landlord?
EastMidsGal
Posts: 211 Forumite
I rented a house in February which is perfect as it is just a few doors down from my daughters school and in a nice area.
It had been empty for a long time and I negotiated a lower monthly rate with the landlord through the estate agents which brought it below the local council LHA as I am on benefits due to disability.
The house is not in terrible condition but it is not to the same standard as other properties in the area. The carpets are almost threadbare and the walls need a lick of paint, it's also not double glazed.
The estate agents have been very efficient with getting the handyman round to do odd jobs, but large jobs like replacing the back door because the wood had completely rotten through and I could see daylight through it, but then the landlord dragged his heels in and didn't want to pay to replace it, even though they knew before I moved in that it was rotten through and crumbling, the landlord has been dragging his heels about spending any money on the house.
None of the windows are double glazed. There is a cracked pane of glass at the front of the house which the estate agents said they would replace before I moved in but the landlord refused to pay for it. The wooden frame is rotting away and at the bottom the wood has rotten away so much it is flush with the glass pane. The windows at the back don't have a locking mechanism, it looks like many years ago someone fitted key operated latches which have since been painted over and the keys lost. So only one window opens in the kitchen, the others are permanently locked shut. The window that does open, closes but can't be locked. The same with the window in the bathroom, it opens and closes but doesn't lock, that bathroom and seperate toilet are both on the ground floor. The window in the toilet has the arm broken off, and it flaps open and shut in the wind. A skinny person or young teen could jimmy it open and squeeze through if they wanted to burgle the place.
The boiler is also not working properly. The estate agents sent round a plumber who patched it up but it is still not working efficiently, the piping is wrong and there is something wrong with the gas supply as well as a few other things, the plumber says the boiler is past it and can never be repaired only patched up and the hot water is temperamental. We are only guaranteed hot water if the central heating is on. My gas bills as coming out as double what they should be because the boiler is burning so much gas, but the landlord won't replace it.
Where do I stand in getting the necessary work carried out? The handyman told me he had to spend a week fighting the landlord through the estate agents to get him to replace the back door that had rotten through, and even then he only agreed to the cheapest wooden door they could find.
I am also aware that if the landlord does put money into the house he would the probably put the rent up at the end of the twelve month tenancy which would put the house above the LHA and I wouldn't be able to pay the rent and have to move out.
As I said, before I moved in we negotiated a lower rent, which the LL could raise at the end of the current lease, meaning I would have to move anyway, I am just keeping my fingers crossed he doesn't as I don't have the money to move and the house is in such a perfect location. But do I live in a freezing, draughty, unsecurable house for the next ten months in the hope that if the LL doesn't pay for the repairs he may not raise the rent? Or do I have grounds to make him do the repairs, such as fix or replace once and for all the boiler so it works as it should, and secure the back windows as right now they are a security risk? And then if he raises the rent, he raises the rent which he may do anyway, but at least the rest of my tenancy can be lived in the knowledge that my home is secure and that everything is working as it should.
I have tried getting through to the CAB but can't. Does anyone here know where I stand?
TIA x
It had been empty for a long time and I negotiated a lower monthly rate with the landlord through the estate agents which brought it below the local council LHA as I am on benefits due to disability.
The house is not in terrible condition but it is not to the same standard as other properties in the area. The carpets are almost threadbare and the walls need a lick of paint, it's also not double glazed.
The estate agents have been very efficient with getting the handyman round to do odd jobs, but large jobs like replacing the back door because the wood had completely rotten through and I could see daylight through it, but then the landlord dragged his heels in and didn't want to pay to replace it, even though they knew before I moved in that it was rotten through and crumbling, the landlord has been dragging his heels about spending any money on the house.
None of the windows are double glazed. There is a cracked pane of glass at the front of the house which the estate agents said they would replace before I moved in but the landlord refused to pay for it. The wooden frame is rotting away and at the bottom the wood has rotten away so much it is flush with the glass pane. The windows at the back don't have a locking mechanism, it looks like many years ago someone fitted key operated latches which have since been painted over and the keys lost. So only one window opens in the kitchen, the others are permanently locked shut. The window that does open, closes but can't be locked. The same with the window in the bathroom, it opens and closes but doesn't lock, that bathroom and seperate toilet are both on the ground floor. The window in the toilet has the arm broken off, and it flaps open and shut in the wind. A skinny person or young teen could jimmy it open and squeeze through if they wanted to burgle the place.
The boiler is also not working properly. The estate agents sent round a plumber who patched it up but it is still not working efficiently, the piping is wrong and there is something wrong with the gas supply as well as a few other things, the plumber says the boiler is past it and can never be repaired only patched up and the hot water is temperamental. We are only guaranteed hot water if the central heating is on. My gas bills as coming out as double what they should be because the boiler is burning so much gas, but the landlord won't replace it.
Where do I stand in getting the necessary work carried out? The handyman told me he had to spend a week fighting the landlord through the estate agents to get him to replace the back door that had rotten through, and even then he only agreed to the cheapest wooden door they could find.
I am also aware that if the landlord does put money into the house he would the probably put the rent up at the end of the twelve month tenancy which would put the house above the LHA and I wouldn't be able to pay the rent and have to move out.
As I said, before I moved in we negotiated a lower rent, which the LL could raise at the end of the current lease, meaning I would have to move anyway, I am just keeping my fingers crossed he doesn't as I don't have the money to move and the house is in such a perfect location. But do I live in a freezing, draughty, unsecurable house for the next ten months in the hope that if the LL doesn't pay for the repairs he may not raise the rent? Or do I have grounds to make him do the repairs, such as fix or replace once and for all the boiler so it works as it should, and secure the back windows as right now they are a security risk? And then if he raises the rent, he raises the rent which he may do anyway, but at least the rest of my tenancy can be lived in the knowledge that my home is secure and that everything is working as it should.
I have tried getting through to the CAB but can't. Does anyone here know where I stand?
TIA x
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Comments
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maybe the rent is now too low for the landlord to be able to afford such major repairs.EastMidsGal wrote: »I rented a house in February which is perfect as it is just a few doors down from my daughters school and in a nice area.
It had been empty for a long time and I negotiated a lower monthly rate with the landlord through the estate agents which brought it below the local council LHA as I am on benefits due to disability.
xI was born too late, into a world that doesn't care
Oh I wish I was a punk rocker with flowers in my hair0 -
The landlord has about seven properties all managed by the same estate agents who manage my house, I know that doesn't necessarily mean he has a huge amount of cash flow coming in every month, but his income doesn't just come from my house.
You have a really good point, I never thought of it like that.
Since posting my last message todays post has come and in it a letter from the local council about my application to go on the housing register which the housing officer suggested I do back in February. I only have half the amount of points I need before they would even look at my application, but I do have a disability and I am going to ask my Dr to complete the medical form the council enclosed, I wonder how many extra points that would give me.0 -
OPs can't win can they? Some get accused of holding back information, others get your sort of response. If it' s "too long" for you, don't bother responding - go and read about a competition or something.Sorry, too long.
Can you just post the actual point instead please?
Sometimes when folk are under stress they need to get the whole thing off their chest and do so on here.
Here's the OPs questions, from what I read:
On this response :Where do I stand in getting the necessary work carried out?
But do I live in a freezing, draughty, unsecurable house for the next ten months in the hope that if the LL doesn't pay for the repairs he may not raise the rent? Or do I have grounds to make him do the repairs, such as fix or replace once and for all the boiler so it works as it should, and secure the back windows as right now they are a security risk?
it's worth stating that the LL cannot simply avoid his Statutory "repairing obligations" ( and other LL obligations) on those grounds. It's not acceptable for LLs to assume that a T on LHA doesn't have a right to decently maintained accommodation. Some LLs advertise their properties at a higher rent than they would actually accept so that there is room for negotiation if necessary. They don't generally offer rent reductions as a benevolent gesture.iamana1ias wrote: »maybe the rent is now too low for the landlord to be able to afford such major repairs.
EastMidlandsGal - Ask the local Council's private sector rentals officer/team for help. They can arrange for the property to be assessed under the HHSRS ( Housing Health and Safety Rating System) and can order the LL to complete certain works.
You don't have a "right" to double glazing but doors and windows should be secure and "fit for purpose"
All gas appliances have to have an annual gas safety check and certification by a registered Gas Safe plumber/engineer. If you haven't seen a gas safety certificate your LL is breaking the law - you must be provided with a copy. Your LL can be prosecuted by the Council or the Health & Safety Exec for failing to comply - see here
Whether or not you get served notice at the end of the Fixed Term is always an uncertainty , and not necessarily dependent on whether you have insisted on work being done so concentrate on the remaining 10 months of your tenancy.0 -
Go and see a solicitor and say that you want to put in a disrepair claim.0
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Thanks so much TBS. I did write everything because I wanted readers of my post to have all the info so they could advise appropriately. If I leave stuff out how can people give me the right advice?
I do think, and it may just be in my mind, that sometimes EAs and LLs think tenants on benefits should just be grateful they have a roof over their head.
Due to my disability I am hosuebound a lot of the time and so spend most of my time inside my house and the past few months have been extremely uncomfortable at times. Also my daughter is only eight but hasn't been wanting to get out of bed because of the violent shivering because the house has been so cold. The house is old, draughty and not insulated. I could keep the heating on, but as soon as I turn it off the house returns to being freezing cold very quickly. I can't afford the huge gas bills the boiler runs up and my supplier says I am not eligible for their spreading the warmth tariffs.
I have never seen a gas safety certificate, the guy that did the inventory said the EAs must have one otherwise they wouldn't be allowed to rent the property, but the plumber yesterday said he couldn't remember ever doing one. I shall phone the EAs now.
I shall also phone the council now and ask for a HHSRS assessment, had never heard of one till now! Thanks soooo much!
Troubled_Joe, thank you for your response. I shall ask for an assessment through the council, if it shows failings by the LL it will only help my housing application, which is also good. If the LL refuses to put right anything that the HHSRS shows then I will contact a solicitor who I know who is very efficient at getting councils to pull their finger out! Ok, I appreciate it isn't the councils job to put right things in the house, but I am sure she will be equally good with LLs.
I shall let you all know how I get one. I can't thank you enough. As I said I had never heard of HHSRSs before, at least now I know what my first course of action is. I'm really grateful. Thanks0 -
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If you are housebound - your disability will give you a good amount of extra points. Fill in the medical form. NOW!
Re: the keys for the windows.... I had to have a repair to my opatio door about a yr ago and I got a guy out to fix, in the course of the conversation i said i was thinking about getting double glazed windows with locks.. he took one look at the windows and said.. these do lock. I was never given any keys by the last owner and they were all unlocked. He gave me a key - free - he said the value was like 50p and most of the window locks are the same.. - which i can now lock and unlock my windows with, so that in itself seems pretty insignificant to be sorted.0 -
Put all complaints in writing ...
Apply for council housing.0 -
The landlord does have certain minimum repairing obligations, but not all of the complaints you list would seem to me to fall within them. For example, I don't think a landlord has a statutory obligations to fit key locks to windows / repaint / replace a rotten back door with good quality back door rather than the poor quality one he chose. Beyond their minimum repairing obligations, landlords would usually want to keep their property in good condition in order to attract tenants. However, he managed to secure you as a tenant even though a number of these problems would have been evident at the time you viewed. I assume this was one of the reasons the rent was successfully negotiated downwards.
On the boiler, have you seen the gas safety certificate? If it isn't working to heat water, I think you have a case there. The LL is also obliged to replace the cracked window (especially as he promised to do this prior to your moving in). Not sure what you can do about the rotting windows if he wont do the decent thing. Perhaps contact environmental health?0 -
madeupname1 wrote: »The landlord does have certain minimum repairing obligations, but not all of the complaints you list would seem to me to fall within them. For example, I don't think a landlord has a statutory obligations to fit key locks to windows / repaint / replace a rotten back door with good quality back door rather than the poor quality one he chose.
Here's the basic "s11 repairing obligations""Repairing obligations in short leasesLook at what the OP actually said:
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water."
(my emboldening).There is a cracked pane of glass at the front of the house which the estate agents said they would replace before I moved in but the landlord refused to pay for it. The wooden frame is rotting away and at the bottom the wood has rotten away so much it is flush with the glass pane.The windows at the back don't have a locking mechanism, it looks like many years ago someone fitted key operated latches which have since been painted over and the keys lost. So only one window opens in the kitchen, the others are permanently locked shut. The window that does open, closes but can't be locked. The same with the window in the bathroom, it opens and closes but doesn't lock, that bathroom and seperate toilet are both on the ground floor. The window in the toilet has the arm broken off, and it flaps open and shut in the wind.
Window frames form part of the "structure & exterior " of the property and the LL is therefore obliged to maintain them - its not acceptable to have window frames rotting away and windows which are either sealed shut or incapable of being closed. Failure to paint and protect against rot is essentially a "failure to repair".
HHSRS also looks at matters of ventilation. The LL also owes the T a common law "duty of care" - some windows form part of the options for escape in the course of fire.
The LL will have dropped the rent because he had a property standing empty. As stated in my previous post, this does negate LL obligations on maintenance issues.madeupname1 wrote: »Beyond their minimum repairing obligations, landlords would usually want to keep their property in good condition in order to attract tenants. However, he managed to secure you as a tenant even though a number of these problems would have been evident at the time you viewed. I assume this was one of the reasons the rent was successfully negotiated downwards.
The OP has already answered the first query, in the negative. The GSC is an additional requirement to the LL's s11 obligations to maintain the T's space/water heating. For the other 2, repairing obligations also cover those.madeupname1 wrote: »On the boiler, have you seen the gas safety certificate? If it isn't working to heat water, I think you have a case there. The LL is also obliged to replace the cracked window (especially as he promised to do this prior to your moving in). Not sure what you can do about the rotting windows if he wont do the decent thing. Perhaps contact environmental health?0
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