LA not performing repair for 9 months

spugzbunny

hello!

Our guttering (all across the front of the house) fell off in January this year. We called them the day it fell off, then every few weeks, then once a month and now back to every few weeks. They still haven't fixed it.

At first I had 'oh sorry, has he not done it?', then it was 'yes, we'll get someone else in' today I've just had 'it is on my list'

Obviously it's more of a structural issue rather than a quality of life issue as the main problem will be consistent water damage to our bay window roof. That is really the landlords problem not ours. It's really just the fact that it's bloody annoying! How on earth can it take them 9 months to arrange a fix??

Is there anything we can do to push them further. They are nice enough LAs - they are just a bit dopey! Can I ring them next week and tell them we will withhold rent if it's not fixed within 28 days? Are we actually allowed to do that?

Is there anything else we can do? I don't want to annoy them too much, just give them a metaphorical poke up the a$$ as phone calls are clearly not helping!

tbs624

The relevant law is the LL &T Act 1985, s11

11 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

(my bolding.) LL has to fix such things within a "reasonable time" - I'd say a month max was more than reasonable.

Google <Shelter England " Getting Repairs Done"> : in that pdf there are guidelines on how to get the work done yourself but you need to follow them rigidly so as not to find yourself at risk of being evicted for rent arrears/late payment.

Sorry, but the LA can't really be classed as "nice enough" - leaving a T this long without repairs being done is taking the ****.

The local Council has a private sector housing officer who can enforce such repairs.

I would start by writing to the LA, copy, to the LL, copy for yourself, outlining the timeline to date, calls made, dates and so on and point out the law as above. Tell them you would like it sorted within the week and you want confirmation from them.

You need to be aware that some LLs/LAs favour retaliatory evictions where a T complains about repairs undone but if you are still within your Fixed Term they cannot kick you out unless you have committed an actionable breach of your tenancy obligations.

Always keep a paper trail and photos etc from the start of any repairs issue and report problems in writing , keeping a copy.

spugzbunny

I don't want to be kicked out (even legally)! We've been there 3 years - I just want the guttering fixed! I think I'll call again in a few days and tell them I'll have to put something in writing if we don't move forward with this soon.

tbs624

If you have been a reliable T then they are unlikely to want to lose you but if you want to try a different approach why not get in a couple of firms to quote for the work and then pass the quotes on to the LL/LL?

Quite apart from the legal obligations, it's in the LLs interest to get it fixed to prevent deterioration of the building, his asset. Do you have the LLs name an address btw?

dizziblonde

tbs624 wrote: »

If you have been a reliable T then they are unlikely to want to lose you but if you want to try a different approach why not get in a couple of firms to quote for the work and then pass the quotes on to the LL/LL?

Quite apart from the legal obligations, it's in the LLs interest to get it fixed to prevent deterioration of the building, his asset. Do you have the LLs name an address btw?

Have you tried coming at it from the damage to his building angle (rather than the "oh heck the drip is really doing my head in" approach)? Just smile sweetly, say you're worried it'll damage the bay window since winter's on the way and see if that gets any joy? I've found that that often gets our landlord (who is dreadful about repairs) moving quite sharpish if you flutter your eyelashes and say you're just wanting to help him/her protect his investment.

Other than that - get it in writing (not phonecalls)... even the dopiest find it hard to hide from a bit of paper. Paper = you're starting to leave a paper trail = you know what you're on about!

spugzbunny

Thanks for your replies .....

The landlord lives in Belgium somewhere. I don't think we have his address, I'd have to check but if I do send a letter I'll send it to both the LA and LL.

My approach so far has been to point out the potential damage to the bay but I think they therefore think it doesn't matter to us so they can take thier time!

I think my approach will be to give them until Friday to call back with a time and then if not I'll call again on Friday and follwo up with a letter and state that we are concnerned about damage to the house as the colder weather comes in and we don't understand why it has taken so long thus far.

lynzpower

If the landlord lives overseas,then by law he must appoint a manager of the tenancy to undertake repairs. If the LA are "let only" they are breaching the law. If the LA is managing the property as the LL is overseas then all repairs should be managed by them. Failure to do so is a breach as tbs says.

Do you have an email address for the LL? Its my understanding you have the right to have the LLs contact details and if you are not provided with them then this is also a breach of the law however, im not sure if this only applies to LLs living in England and Wales.

Im sure someone else will be along to correct me in a second.

dizziblonde

Start to lay the trail down in paper - people can deny phonecalls, but the second things start going in writing, it tends to motivate people a bit more.

Sympathize with the absent landlord thing - ours is currently in Afghanistan I believe... thankfully his missus is in charge at the moment and she's of the "oh just get it fixed" mindset, rather than his usual "not doing that" one!

theartfullodger

dizziblonde wrote: »

Start to lay the trail down in paper - people can deny phonecalls, !

- but many of us have 'phone billing records to assist the evidence, listing numbers called & when...

N79

Happy to correct.

lynzpower wrote: »

If the landlord lives overseas,then by law he must appoint a manager of the tenancy to undertake repairs. If the LA are "let only" they are breaching the law.

This one is incorrect. Overseas LL's have to provide an address for service of notices which is within England and Wales. The LL is perfectly entitled to self manage the property from overseas and does not need to employ an agent to do more than act as a post box. (note that there may be tax implications here, but these are not of concern in this case).

lynzpower wrote: »

If the LA is managing the property as the LL is overseas then all repairs should be managed by them. Failure to do so is a breach as tbs says.

Sort of true. I think the point TBS was trying to make is that the LL is responsible for repairs. There is no requirement for the LL to have an agent and even if there is a LA, the exact extent of their ability to manage the repairs will rest on their agreement with the LL's. Most agents can not commit to expenditure without the agreement of the LL. Ultimately, the buck stops with the LL.

lynzpower wrote: »

Do you have an email address for the LL? Its my understanding you have the right to have the LLs contact details and if you are not provided with them then this is also a breach of the law however, im not sure if this only applies to LLs living in England and Wales.

If you ask the agent in writing then you are entitled to the LL's name and address within 21 working days (address in this case means either the LL's residential address or place of business). This could well be the LL's Belgian address. (S1 LL and T Act 1985)

However, as a T you should never* write to your LL at a foreign address as such letters will not count from the point of view of English courts. You must use the address for the service of notices within England and Wales that you have been given by your LL for all correspondence which you want to have legal meaning (this will probably be the agents address). By all means copy your letters to the foreign address if you believe the agent is playing games but you must always send letters primarily to the service address.

The OP should follow the advice in TBS's first post to try to get the LL moving.

*Before people say that the use of never is wrong, I would point out that trying to use the foreign address requires special permission from the courts to serve out of jurisdiction which is far too complicated (read expensive) for general LL and T matters. That is why an address in England and Wales must be provided (S48 LL and T Act 1987)

lynzpower wrote: »

Im sure someone else will be along to correct me in a second.

Not really correction but clarification.

spugzbunny

Thanks again for all your replies. I have spoken to thema again today and we should have it fixed bythe end of next week. Not holding my breath but that's the most we've moved forward in 9 months!