Leak caused damage to floor

tbs624

mellymeep wrote: »

Is it the landlords responsibility to make these repairs? what repairs exactly would be needed, and how do I request these? We deal solely with the letting agents who are for lack of a better word, useless... so I'm imagining this is going to be a long and drawn out process.

Hi mellymeep - you don't have much luck with your LLs do you?;)

Your obligation as a T is to notify your LA/LL promptly of all repairs/maintenance issues, in writing. (keep copies)

LL has to take responsibility for things which fall under their s11 (of the LL&T Act 1985) obligations.

"s11 Repairing obligations in short leases

(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.

Damp is one of 29 housing hazards recognised under the Housing Health and Safety Rating System (HHSRS) which was brought in under the Housing Act 2004. If necessary, the private sector housing officer at your local Council can help you. They can assess the property under HHSRS - to me, it sounds a recipe for disaster for there to be a bedroom with no window, inside which there is a doorway to a bathroom, even if there were no leaks occurring. What means of moisture extraction is there in the bathroom itself?

You are legally entitled to have the name and address of your LL - write to your LA requesting it and they have to provide it within 21 days of receiving your request ( or a criminal offence committed). Alternatively, pay 4 quid to the Land registry and find out that way.

You need to write to the LA, copy to the LL, copy for you.

State politely what has happened to date, keeping only to facts and then asking for them to send someone out- offer some specific dates/times in which you can be present to allow access. Tell them that you view it as urgent and that you'd like a response within the next 48 hours. If poor response, ramp it up to the Private Sector team.

mellymeep

pararct - the plumber said it was the pipe that feeds water into the shower that was leaking, and that the water under the tiles was probably from that leak, that it'll take a few weeks for it to dry out and that I have to leave on the extractor fan to assist it. and our shower tray is actually a ceramic one so I don't know if that has the same problem you said? what made us originally think it was the shower upon moving in was that on the bedroom wall which is also one side of the shower cubicle has glass tiles fitted (pretty shoddily if you ask me) and we thought maybe the water was leaking through the wall and down into the floor.

tbs624 - I know, I'm starting to wonder if there really are any decent, honest landlords out there. I'm grateful for all the help that this board has given me though. I will print off the letter I emailed and send it to the LA in that case, they haven't yet emailed me back anyway and I know letters are easier to prove they were received. we do have the landlords details, she lives in Somerset and we were told the LA's have full responsibility, so I'm assuming she wants nothing to do with the place save for the rent she receives from us

in the bathroom itself we have an extractor fan, i'm not sure where it goes to because its not an outside wall, it might just be underneath the floor of the house above

tbs624

mellymeep wrote: »

tbs624 - I know, I'm starting to wonder if there really are any decent, honest landlords out there.

There are, it's just that the minority who aren't have such a capacity for causing misery to their Ts. Sometimes it's not the LL that's at fault, but the LA:no qualifications, training, understanding of LL & T law, blah, blah....

Has your tenancy deposit for this property been scheme-registered btw?

mellymeep

That's another problem haha... it has sort of been protected but the details we got about it seem to suggest that only half of the balance we gave is in the scheme.. my husband is dealing with that and the LA emailed the other day saying they were in the process of contacting the DPS to see what had happened.

tbs624

I wouldn't wait for the LA to sort that but would contact the DPS and let them know the full amount paid and on which date. Ask them to note on your deposit file that you are raising a shortfall query.

Presume you have receipt from the LA/LL for the full amount?