What rights do we have as tenants regarding repairs?

digitalphase

Long story short, will elaborate where and if needed.

We have been living in a rented property on a large estate (country estate, so owned by a Major) for a bit over 6 months now. We originally said we wanted to stay for 2 years, but have a break clause after a year, so next April.
Very soon (days) after we moved in we noticed things that needed repairing.
Emails have been sent back and forth to the estate administrator, who is supposed to be our first point of contact for sorting problems out, but there has been delay after delay. One thing took 3 months to do, was done shoddily and still needs finishing off. Another problem took 6 months to be fixed, and has led to other problems like damp and a gross smell in the kitchen. A recent serious issue of damp is taking well over 5 weeks to sort, whether it will be or not.

Basically our issues are 1) the amount of problems 2) the speed with which they are sorted out, if at all, or even acknowledged and 3) the work then being done poorly by shoddy workmen.

We've been to CAB already, and have written a letter detailing all the problems again giving them two weeks to get everything sorted.

What are our rights or do we really not have any? Seems disgusting that a house can be rented out in poor condition and the landlord doesn't need to repair things. All the repairs fall on the landlord as per the contract and various web sources, but it says they must be given a 'reasonable time frame' - how long is that? 6 months certainly seems generous.

The effect of stress and damp on my health, being pregnant, is worrying.

Can anyone help at all?

G_M

First, CAB are right. Always report repairs in writing.
Second, use the official address of the landlord - it should be on your contract.
Third, yes you have rights. It depends what kind of repairs you mean but read Shelter's advice here.

digitalphase

Thanks. I sent the letter to the estate administrator. Should I send another copy to the landlord himself? They are at the same address.

princeofpounds

always complain about repairs to your landlord or his agent in writing promptly.

Your rights to repairs are that they must be done in a reasonable timescale to a reasonable standard. General repairs are a civil matter, but there are higher legal standards for things like gas safety, sources of heating and hot water and so on. There are also various regulations such as under environmental health legislation that can apply.

This is primarily provided by the Landlord and Tenant Act, Section 11. Google it for a wealth of information.

You have two main routes as a tenant to enforce your landlord to do repairs.

The first is a procedure that was set out in a famous case called Lee Parker vs Izzet 1971 (google again!). This is basically the 'tenant's right to repair' and it forms the basis of the very good shelter guide above.

You have to follow a procedure, but in essence you notify the landlord, wait a bit and notify him again providing quotes to get the work done, and if not completed in a reasonable time you can do it yourself and offset the costs against future rental payments.

The other option is to involve environmental health, who can issue legally-binding repairing orders. They operate under something called the Housing Health and Safety Ratings System, which all sounds very bureaucratic but things like damp and cold and exposed wires or nails can all be covered by this.

Neither of these cover cosmetic issues. There is no remedy there unfortunately.

theartfullodger

You say estate: Does the tenancy describe itself as an AST (Assured Shorthold Tenancy) or as a Agricultural Tenancy?? These are in some areas very different...

Do any of the tenants work on/for the estate?? If so estate may think that gives estate some extra rights (they may or may not be right..)

digitalphase

princeofpounds wrote: »

always complain about repairs to your landlord or his agent in writing promptly.

Your rights to repairs are that they must be done in a reasonable timescale to a reasonable standard. General repairs are a civil matter, but there are higher legal standards for things like gas safety, sources of heating and hot water and so on. There are also various regulations such as under environmental health legislation that can apply.

This is primarily provided by the Landlord and Tenant Act, Section 11. Google it for a wealth of information.

You have two main routes as a tenant to enforce your landlord to do repairs.

The first is a procedure that was set out in a famous case called Lee Parker vs Izzet 1971 (google again!). This is basically the 'tenant's right to repair' and it forms the basis of the very good shelter guide above.

You have to follow a procedure, but in essence you notify the landlord, wait a bit and notify him again providing quotes to get the work done, and if not completed in a reasonable time you can do it yourself and offset the costs against future rental payments.

The other option is to involve environmental health, who can issue legally-binding repairing orders. They operate under something called the Housing Health and Safety Ratings System, which all sounds very bureaucratic but things like damp and cold and exposed wires or nails can all be covered by this.

Neither of these cover cosmetic issues. There is no remedy there unfortunately.

Thank you. I have had a read of the Landlord and Tenant Act but it just said the same really about it's the landlord's duty to repair the problems we're having, and under a reasonable time scale. It doesn't say anywhere what is considered to be reasonable, but I think a fortnight is reasonable. Work is never done in that time frame.

theartfullodger wrote: »

You say estate: Does the tenancy describe itself as an AST (Assured Shorthold Tenancy) or as a Agricultural Tenancy?? These are in some areas very different...

Do any of the tenants work on/for the estate?? If so estate may think that gives estate some extra rights (they may or may not be right..)

Estate as in a rural estate. Tenants rent private houses and cottages dotted around the large estate. We don't work for them.

Yes it is an AST. Does this give us any other rights?

We have the letting agent coming round tomorrow evening to chat about the letter and problems. We will say to him either get the repairs done, well, pronto or we are more than happy to move out.

Has anyone got any info on ending a tenancy before a break clause?

theartfullodger

digitalphase wrote: »

Estate as in a rural estate. Tenants rent private houses and cottages dotted around the large estate. We don't work for them.

Yes it is an AST. Does this give us any other rights?

You have different rights to agricultural tenancy.. see here for good info on repairs etc...

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

This explains stuff in general about ASTs..
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

In your shoes I'd be friendly, helpful with agent (coffee, biccies...) - they'll probably be so surprised at being well treated it just might help.

Agent may find LL a right pain of course..

After agent visit put everything in writing, calm & polite, to agent, estate & LL, keep copy: Recognise that with an AST LL can evict you after end of fixed term for no reason at all.

Hope it works out

Artful

PS Congrats & good luck with baby!!

Turnbull2000

You don't really have any rights, as ultimately, the landlord can chose to evict you. Sounds harsh, but that's the reality of UK tenancy laws.

RAS

I think the OP wants to leave ASAp but is currently stuck with the tenancy until April 2011.

OP, do not leave the tenancy until the break point unless your LL agrees in writing and agrees not to chase you for the outstanding rent. If you do leave he can sue you for any rent up to the break point.

Unless you are in 2 months arrears on rent, he will find it very hard to kick you out until April.

princeofpounds

You say there is no definition of reasonable - but the whole point of that phrase (which is used all over British law) is to allow the judge to have discretion to make the right decision.

Judges are pretty common-sense people most of the time.

If something drags on for three weeks that should have been solved in one, then I'm sure they would side with a tenant should the dispute ever end up in court. If you can prove that you delivered three sensible quotes to be delivered within a timeframe, and that the landlord couldn't deliver over a somewhat longer period, then they will almost certainly side with you if you get the work done yourself as long as you follow the procedure.

Because it had to be done anyway so the landlord is not nursing a loss, and without a demonstrable loss there is no claim in a civil court.

digitalphase

Thanks for all comments.

We do want to move a.s.a.p, ideally before baby is born in May time. The intended nursery has a fly problem (long story but our house has the sewerage for ours and next door's house in our garden, and it stinks, we think this is at least partially responsible) and the two other bedrooms have damp. See our problem? We don't want to put baby in any of the bedrooms, so this is causing a lot of anxiety.
Damp for anyone is a bad problem and can cause health issues, but as a pregnant woman... It could be worse. They are well aware I am pregnant, but this still doesn't seem to get them moving.

We have no intention of stopping paying rent, and always pay on time. I have read about this and it is a risky thing to do, so not something we would consider anyway.

The list of problems, including time frames and details, was almost 4 A4 pages long, so this is a lot of issues we are talking about. Just find it hard to swallow that we have no rights

Does anyone know if agents are flexible when it comes to 6mth contracts rather than yearly ones, as we'd much prefer this incase we have future problems with another agent.

The stupid thing about this place is it was empty for at least 6 months before we moved in, and they have done nothing to try and keep us here.

Hypothetically: if we bought an old wreck with running water, electricity etc installed, are we legally allowed to rent it out, even if it had existing damp problems? Are there no standards that need to be followed when letting properties out?

Thanks again, and sorry for long post