Am I being an unreasonable T/should I move?

Annisele

Brief background: I'm the T; property in England (London); AST commenced 2004; initially a one year fixed term but periodic since 2005; rent less than £25k pa; deposit not protected because tenancy pre-dates those schemes; rent paid ~5-10% less than market rate for the area, but property not in as good a condition as the ones with the higher rent; I can afford the market rate for the area without any difficulty.

The problem: as the T, I disagree with my LL as to how long is a “reasonable” time for him to fix problems. I also disagree with him as to maintenance – I think that he should be arranging for things like the boiler to be serviced, not just checked for safety, and he disagrees.

My question: Is there anything I can do to make my LL do repairs in what I think is a reasonable time, or should I just move?

I want to tell my LL that since he's so useless at getting repairs and maintenance done, then in future I will arrange all of them myself and deduct the costs from the rent – and if he doesn't like it, will he please serve a s21 and we'll move out. However, I think that if I was a LL and got that sort of demand from a T, I'd serve a s21 immediately – which isn't actually what I want.

I've rented before and ended up moving every six months because the Lls decide they want to live in their houses again; this guy leaves me alone entirely, has never done any kind of inspection, and is the perfect LL so long as nothing breaks and I don't care about things like him arranging gas safety certificates (they're cheap, and I'd rather pay for them myself than die of CO poisoning). If I move, then I risk having to move every six months and getting a LL who doesn't agree with my version of "reasonable".

I'm currently annoyed with my LL because a couple of radiators don't work and so far he's taken two weeks to do nothing. Two radiators is hardly a big deal – we have heating in most of the rooms, we have hot water, and it's not even that cold – but it's annoying.

My LL's history of employing tradespeople is terrible. Last year it took three plumbers and six attempts at a visit before the heating was fixed – the first plumber “couldn't find my house”, the second “couldn't come because he'd locked his tools in somebody else's house” and the third took several visits before he actually did anything. According to the third plumber, my LL will only pay a previously agreed fixed rate for any job - so I end up with lots of visits; one fixed price 'I will diagnose the problem' visit; at least one 'I will try the cheapest solution possible' visit, and then a final 'I will actually fix the problem and do the thing I recommended in the first place' visit.

The heating breaks every year (usually completely, not just one or two radiators). Each plumber who fixes it says that really the boiler needs replacing because it is so old - though again, I appreciate that plumbers probably have an eye to giving themselves more work and it might not be fair to blame the LL for not doing anything about it.

It took the LL three weeks last year to replace the gas cooker, despite buying it from somewhere that did delivery in 24 hours – the original cooker was disconnected by the gas safety people (to my LL's extreme annoyance) so we had no cooker for three weeks. When we have problems with the electrics we pay for an electrician ourselves, as the last 'electrician' my LL sent turned out to be a bus driver. (The money for that isn't really an issue – as I say, our rent is less than the market rent – but I'm not paying for a new boiler when I have no security of tenure, so I think that the LL should be paying for that).

TL;DR – my LL takes at least two weeks to fix the simplest of problems, but leaves me alone the rest of the time – any views as to something I can reasonably do?

BitterAndTwisted

Repairs need to be carried out within a "reasonable time" but I don't think there's a legal definition of exactly what that might be.

If you're intent on getting necessary repairs carried out and deducting the expense from the rent there are precise procedures for doing so. Please consult the Shelter website for guidance. To be fair, although your landlord is compelled to arrange gas-safety checks they don't have to arrange for the boiler to be serviced regularly, although a decent landlord should want their tenants to know that the equipment is being properly maintained.

Quite honestly, if you're able to pay a market rent for an equivalent property which is well-maintained I'd be having a serious think about moving rather than having to put up with the heating breaking down at regular intervals. If a landlord isn't setting aside adequate funds for boiler-replacement etcetera there's not an awful lot you can do to make them until the thing breaks down and is completely inoperable. Maybe it's just a matter of time before replacement parts become unobtainable?

CloudCuckooLand

He leaves you alone, and you don't get shunted on every 6 months, because he's a lazy/uninterested landlord.

For the same reason, he doesn't put great effort into fixing issues.

You win in one way, lose in another...toss a coin?

Why be so black and white, about asking him to serve s21 if he diasgrees? First step is to ASK, surely? He might jump at the arrangement...

Being 10% cheaper is one of the benefits you get. If you deducted the costs of fixing issues from the rent, he'd no longer have the reason to leave the rent as it is - he may well put the rent up to market rate.

Have you tried finding a rental with a long-term, 1 or 2 years plus? Even if advertised as 6 months, some landlords will jump at a long-term arrangement to save re-letting costs.

tbs624

Annisele wrote: »

The problem: as the T, I disagree with my LL as to how long is a “reasonable” time for him to fix problems. I also disagree with him as to maintenance – I think that he should be arranging for things like the boiler to be serviced, not just checked for safety, and he disagrees.

My question: Is there anything I can do to make my LL do repairs in what I think is a reasonable time, or should I just move?

I want to tell my LL that since he's so useless at getting repairs and maintenance done, then in future I will arrange all of them myself and deduct the costs from the rent

There is a set procedure for this if you are not to be at risk of being evicted for rent arrears - see Shelter's "Guide to Getting Repairs Done". That said, as you are now on a stat periodic the LL can just issue a s21 as a retaliatory gesture.

Annisele wrote: »

... this guy leaves me alone entirely, has never done any kind of inspection, and is the perfect LL so long as nothing breaks and I don't care about things like him arranging gas safety certificates (they're cheap, and I'd rather pay for them myself than die of CO poisoning)

Annisele - your LL cannot delegate his legal obligations on gas safety to you as the T- it's a criminal offence for him to fail to comply with the gas safety regs.

Some would view the LLs lack of inspections as a bonus, but given that the purpose of such inspections is for the LL to be able to meet his s11 (LL&TA85) repairing obligations it says much about his views on property maintenance.

Whether he likes it or not, he has a very clear obligation to maintain that heating system in a safe working order. He is also obliged to use a Gas Safe registered HE for the gas safety certs (further crim offence if he fails to keep cert copies for 2 years) and there is good advice on a LLs obligations on electrical safety over at LLZone.

I would view it as unreasonable for a T to be without heating for more than a week /10 days max & would expect a LL to provide alternative means of space heating in the interim. All repairs issues must be reported in writing - it is so important to have a paper trail from the start - and the local Tenancy relations Officer at the Council's PRS office can help.

Alternatively, use that procedure from the Shelter Guide but don't let him get away with fobbing off GSC responsibility on to you.

BitterAndTwisted

Annisele wrote: »

I think that he should be arranging for things like the boiler to be serviced, not just checked for safety, and he disagrees.

It doesn't sound to me like the landlord is avoiding their responsibility for having the gas-safety checks carried out, only that they're not thrilled about the tenant demanding the boiler be serviced regularly. Quite honestly, if the boiler's not up to the job and breaking down frequently I'd be wanting it serviced too and I'd be minded to have it done at my own expense if I had to. With the landlord's consent, obviously.

tbs624

BitterAndTwisted wrote: »

It doesn't sound to me like the landlord is avoiding their responsibility for having the gas-safety checks carried out, only that they're not thrilled about the tenant demanding the boiler be serviced regularly. Quite honestly, if the boiler's not up to the job and breaking down frequently I'd be wanting it serviced too and I'd be minded to have it done at my own expense if I had to. With the landlord's consent, obviously.

My comments were based on the OP saying, as I quoted in my previous post:

Originally Posted by Annisele
... this guy leaves me alone entirely, has never done any kind of inspection, and is the perfect LL so long as nothing breaks and I don't care about things like him arranging gas safety certificates (they're cheap, and I'd rather pay for them myself than die of CO poisoning)

If the boiler's" not up to the job and breaking down frequently" then the LL is quite clearly failing to meet his s11 obligations and there are ways of "encouraging" him to do so.

The T can of course choose to repair, with LL's consent, or by following the Izzet case principle , but the point is that a LL cannot lawfully delegate his responsibilities on gas safety.

clutton_2

no one can legislate for how long workmen take and you cannot choose who your LL uses for his repairs... i get repairs organised very quickly usually, but sometimes a particularly difficult job will take 2-3-4 visits.. my gas engineer tries one solution, if that does not work, he will come back and try something else... thats boilers...

as someone said.. you are paying less than market value yet appear to want the same level of service as if you were paying top whack rent... (no doubt i will get flamed for that....) !

with respect. if you have been there for 6 years it cant be THAT bad....

tbs624

Clutton wrote:

as someone said.. you are paying less than market value yet appear to want the same level of service as if you were paying top whack rent... (no doubt i will get flamed for that....)

LLs cannot fail to meet their statutory obligations just because they are charging a lower than market rate rent. They choose the rent level , maybe allied to cheaper furnishings, redecorating less often etc, but they can't pick and choose over meeting their legal obligations towards their Ts.

Nothing to do with flaming - just a fact

LL&TA85, s11

(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.

From the HSE on LLs gas safety obligations:

What are my main duties as a landlord?
You are required to:
■ensure gas fittings and flues are maintained in a safe condition. Gas appliances should be serviced in accordance with the manufacturer’s instructions. If these are not available it is recommended that they are serviced annually unless advised otherwise by a Gas Safe registered engineer;
■ensure an annual safety check is carried out on each gas appliance/flue. Before any new lease starts, you must make sure that these checks have been carried out within one year before the start of the lease date, unless the appliances in the property have been installed for less than 12 months, in which case they should be checked within 12 months of their installation date;
■ have all installation, maintenance and safety checks carried out by a Gas Safe registered engineer;
■keep a record of each safety check for at least two years;
■issue a copy of the latest safety check record to existing tenants within 28 days of the check being completed, or to any new tenant before they move in (in certain cases there is an option to display the record).
The Regulations specify the gas safety matters to be covered. You should not assume that an annual service inspection meets the safety check requirement, or that a safety check will, on its own, be sufficient to provide effective maintenance. Ask the advice of a Gas Safe registered engineer where necessary.

My bolding/highlighting

Annisele

Thanks all - I think the answer probably is to move.

One of my problems is that I want to have my cake and eat it! The periodic tenancy suits me because I only have to give a month's notice, and I'd rather that than to sign up for another year or two. The flip side of course is that the LL gets the same privilege.

I'm useless at multi-quoting, but:

@CloudCuckooLand - my LL's usual response to any kind of request from me is silence. I don't think that I can assume that his silence means "yes, go ahead and sort repairs yourself", but I do want to prod him into responding.

@tbs - I know it's a criminal offence for him to not deal with the gas safety stuff, but I'd rather be not dead than have him convicted of something. I don't know what (if anything) would happen if I reported him for not dealing with the gas safety, but I don't anticipate it would be much.
I do view the lack of inspections as a bonus - but OTOH I'd prefer a LL who fixed stuff. Like I said, I know that I'm wanting to have my cake and eat it.

@Clutton - it wasn't that bad six years ago - and the rent was actually slightly above market rates back then (it's only gone up once). We liked lots of things about the property - still do - but the repairing thing is annoying. It's mainly just little things - one of the windows is on its way to being rotten and has been for 18 months; I've reported it several times; I don't really care about it being fixed (in my view it's not my problem, and I don't know how long windows take to die); but the LL hasn't even looked at it for that whole period.

Edit: my ideal outcome would be to stay here, pay a fair market rent to my LL, and have him deal with maintenance/repairs in what I think is a reasonable time - but I don't think there's anything I can do to get all of those things!

clutton_2

"I don't really care about it being fixed "" - if you dont care, then why report it - as you only end up very frustrated ? As you say its his property deteriorating not yours.....

Landlords Gas Safety Cert IS a legal obligation on your LLs part and it is a measure of his casual approach to landlording that he leaves it up to you - he could be take to court and charged with a criminal offence if there is no current certificate available - like you, if i were in your position, i would rather buy the darned thing myself for some piece of mind... although you should not have to..

There is a procedure over on Shelter's website showing how you can pay for the repairs yourself and then deduct the cost from the rent... Would you landlord accept that or would he ask you to leave ? Only you know the price to be paid for such a move....

if you love the house, and the rent is cheap, and you can ignore repairs that dont affect you - then why move ? At least you know he does not bother you and you have a tried and tested tenancy - better the devil you know..

lily_livered

clutton wrote: »

as someone said.. you are paying less than market value yet appear to want the same level of service as if you were paying top whack rent... (no doubt i will get flamed for that....)

But the OP is asking for basic repairs or are you hinting tenants have to pay top whack rent to get a yearly boiler safety check, a reliable boiler and all radiators working without having to put up with a flaky 30 year old boiler that's been recomened for replacement? I'd hate to see what state of repairs you expect long term tenants to get for the OP's ~5-10% less than market rate rent. I thought that type of discount was reasonable just for being a good long term tenant as it saves the landlord re-advertising costs and voids.