Lease Break - uninhabitable property

cazdee

Hi,
I am currently renting a house, with a 6 month lease which began in 19th October.

At the end of November/start December, the pipes froze and burst causing considerable water damage. The landlord is stating the property is habitable, however the carpets have all been lifted and are still lifted, there is mould covering the walls, the property itself is still extremely damp (which also covers the walls), the electrical sockets are mostly not working, the property smells of damp etc. The house is uninhabitable and has been like this for a month now, the letting agent has continually said the property is habitable and they are waiting on painters/carpet fitters going in and will update us as to when this will happen.

We are rather unhappy with paying rent for a property which is basically a building site at the moment and were looking for a way to resolve or get out of the lease.

Can anyone offer any advice or help??

thanks

RAS

Get your self in touch with the Environmental health officer in your local Council, and possibly their private tenancy officer.

madeupname1

Why would the pipes freeze if you were living in the property (and put the heating / hot water on from time to time)?

mackemdave

madeupname1 wrote: »

Why would the pipes freeze if you were living in the property (and put the heating / hot water on from time to time)?

Well said....Im a landlord and my tennats,despite being written to,went away before Christmas and came back two weeks later to the property being flooded.They have admitted to the Estate Agent that they didnt leave on any heating and now im probably lumbered with an uninhabitable property and the hassle of dealing with loss adjusters

They even called out the Fire Brigade and once they arrived the tennants left the property and the FB had to secure the property when they had finished pumping out the water.

lozzi1973

Hi, you may want to check out the Shelter website, they have a helpline and the site has a wealth of information on all housing issues not just for those who are homeless.

BitterAndTwisted

Why did the pipes freeze? Was it caused by you heating the property inadequately?

princeofpounds

You have waited long enough. Remind them in writing that under their section 11 housing act obligations they have to make repairs in a reasonable time. If they do not you are entitled to make repairs yourself and deduct from future rent under the procedure outlined in Lee Parker vs Izzet 1971. A month without any action is not reasonable.

Alternatively you can call in environmental health for a Housing Health and Safety Rating System (HHSRS) inspection, which can lead to legally-binding repair orders amongst other sanctions. You should also note this in your letter.

Then get on with either method.

clutton_2

have you got any dehumidifiers in the property ? no repairs can even start till they h ave done their job.....

tbs624

Is the LL claiming on his insurance? If the property is as bad as you describe, with unsafe electrics due to the damp, then the LL should be sorting out some temporary alternative accommodation for you and he may have specific cover for this

Has there been a full assessment of the damage to the property & a list of what needs to be done to rectify it? Is the heating system now working so that the place can be dried out, with the addition of a dehumidifier?

Bear in mind that if your actions/omissions contributed to the freezing of the pipes then the insurance company/LL will come to you for reimbursement, so you may need to tread carefully around PoP's suggestion of getting work done and trying to recoup the costs from the LL.

You have a duty to behave in a "tenant like manner", and this would include ensuring that you didn't leave a property empty and unheated when cold weather was due. If the LL himself has failed to ensure that there is adequate insulation for pipes/give you clear guidance on stopcocks/CH emergencies then clearly his own omissions would need to be taken into consideration.

Have you logged the events to date *in writing* to the LA/LL? ( keeping only to the *facts* - no "we are extremely angry/disappointed" stuff.) Keep your own copy of the letter.

If you are getting no resolve at all then you will need to make use of the local Council's Private Sector Housing Officer/EHO as mentioned by two other posters.