repairs v late rent

when_will_it_end

hi all

its a long storie but i will try to make it short with full information

thanks for reading

i have lived in my property for 4 yrs 5 months i started of on a six month tenency with my sister as gaurantor, i singed a new contract after 6,12 and 18 month, i presume i them went on to a rolling contract, my sister did not sign the 18 month one.

when i moved in i was given an inventory which i tried my best to check and amend the house was dirty, found food behind the cooker and some walls were damaged and light shades.

i always paid my rent on time asked for minimal repairs, apart from the bath it was a very old ceramic type one i think but all the enamal had come off soits looked dirty constantly and was going rusty.

not long after i moved and fathomed out how the heating worked i realised it did not work properly, it has 2 main buttons 1 for water 1 for central heating, the ch button did not work you had to press the water for both, they sent some one round and basically said thats just the way it is an the thermostats work on the radiators so just turned them on an off as needed, i started to report other small thing like the coat hook fell of an left a gapping hole and the 2nd bed window latch was broken, they never acted fast but they were not very problematic for me.

had an ok relationship all in all with EA who act for the LL

last sept i fell in to finaciall dificulty DD left school CTC and WTC got all messed up as did my wages

i called EA and explained i was really sorry but was going to be quite late with the rent they kind of understood

then all payment dates changed and i was struggling to make the rent date which is 24th i was being paid 26th so oct, nov rent was a little late to, in december my back went and i called them to say that i couldnt get out to pay them (had to cancell SO due to bank fraud as well, had a bad month!) but as soon as i could i would get some one to do it for me

the called me 1 week after rent due date to ask where rent was i explained again i was house bound i was sorry

2 week after rent due date the EA knocked on my door (i have a frosted glass panel and i heard them talking about me, about its gone dinner and i was still in night clothes) i hobble to the door to be told i have 24hrs or a section 21 would be served, luckly my mum was coming the next day so she went to the bank an paid i also paid 1 week extra to move my rent day forward.

my last inspection was august as i noticed cracks apearing in walls an wanted to make LL aware so she also came to this inspection

she said whilst some are unsightly the house is not falling down so to just leave the majority of them i also repoted 12 month previous that the thermo's on the radiators had broke an the shower curtain pole had come off (unable to use the bath) she did say to re plaster the kitchen ceiling an then i asked about a new kitchen(pushing it now) the kitchen is very very old badly fitted an no amount of bleach makes it look clean any more, she agreed ( i was shocked ) and told the builder to size up for a revamp (didnt expect new but that ok)

when first fell behind with rent in sept an then late by a few days in oct i called up EA an asked when repairs will be done to be told whilst behind with rent i can not have them i was not actually behind on this day although it was late that month

i pointed out that some of them had been noted befor september an she basically said tough

there are lots of other little repairs that i know have not been done going on 18-24 months now, non of them are causing me to suffer health wise but still am i not entitled to have them done?

i was going to call them tommorrow and ask for all inspection notes and repair notes for the duration i have been here as i seem to have lost mine can i do this an do they have to oblige?

any advice welcome

my rent is all up to date and i have paid extra to move forward the pay date

sorry its so long

G_M

You need to separate out the two issues. One is rent and late payment. The other is repairs that are needed. These two issues are totally separate, so deal with them seperately.

Rent. First, yes, you are on a rolling Periodic tenancy (you're in England?). You can be served a S21 Notice to quit at any time, for any (or no) reason) giving you 2 months notice (plus a bit to align with your rent period).
Or you can be given a S8 Notice if you owe 2 months rent.(there are other possibilities - these are the main ones)
However you can not be made to leave until a court has heard both sides and made a possession order. Even then, the LL needs to go back to court to ask for bailiffs if you don't leave, So nothing will happen fast.
.
Your best option, though, is to discuss your problems, ideally with the Landlord, but if that's not possible, then with the agent. Ask if your rent payment date can be changed, if your income comes in later in the month. Offer to pay off arrears you owe at £X per month, and try to reach an agreement. If you keep silent, the LL/agent will just get angry about non payment or late payment, and issue a S21.

Repairs. These need to be reported calmly, and objectively, in writing. Again, address the letter to the Landlord, at the address on your last contract, (it may be the agents address, but use the Landlord's name). Send a copy to the agent.

Do not use the repair issues as an excuse for non payment of rent, unless you have followed the strict procedure outlined by Shelter here.

But in reverse, the LL/agent cannot use non-payment of rent as an excuse not to do repairs! Repairs that are the LL's obligation must be done, but you must report them in writing. Some of your issues certainly should be done, others are, as you say, 'pushing it' (new kitchen :rotfl:).

tbs624

G_M wrote: »

Your best option, though, is to discuss your problems, ideally with the Landlord, but if that's not possible, then with the agent. Ask if your rent payment date can be changed, if your income comes in later in the month. Offer to pay off arrears you owe at £X per month, and try to reach an agreement. If you keep silent, the LL/agent will just get angry about non payment or late payment, and issue a S21.

Note that the OP has already said:

when_will_it_end wrote: »

my rent is all up to date and i have paid extra to move forward the pay date

OP - you need to have written agreement from the LL/LA for the payment date to be altered. You also *have* to prioritise those rent payments as you cannot simply expect your LL to act as a free overdraft facility. You clearly have family close by so given that you had already been late with two months worth of rent you should have got one of them in pronto when your "back went" so as not to be late with your rent for a third time. You are likely to jeopardise the roof over your head and it's worth remembering that if you are evicted due to unpaid rent you will be classed as having made yourself homeless. Ask the LL in writing to give you a formal rent statement at the same time you ask them to move the rent date, so that youknow exactly where you stand.

As G-M says, a LL still has to meet their legal obligations on repairs and maintenance even when a T is late/not paying their rent. However, with some of the "issues" you raise, such as coat hooks falling off , shower curtain poles coming down etc, are they falling down because they were poorly affixed in the first place or because there is excessively rough treatment of them by you/your family?

You also mention broken radiator thermostats. Have they become broken through general usage because they are old/in poor condition or because they have been damaged? The LL does have legal obligations to keep the heating system in safe working order but you have a responsibility not to cause damage. Has a gas safety certs/ annual maintenance check been done in the past year?

You should always report all repairs issues to the LL/LA promptly and in writing, keeping a copy for yourself.

The LL is not obliged to fit a new kitchen but seems to have agreed to do so. Be aware that a rent raise *may* follow these sort of improvements.

As you say that your daughter left school a few months ago, is she now working and helping you with the bills?

when_will_it_end

tbs624 wrote: »

Note that the OP has already said: OP - you need to have written agreement from the LL/LA for the payment date to be altered. You also *have* to prioritise those rent payments as you cannot simply expect your LL to act as a free overdraft facility. You clearly have family close by so given that you had already been late with two months worth of rent you should have got one of them in pronto when your "back went" so as not to be late with your rent for a third time. You are likely to jeopardise the roof over your head and it's worth remembering that if you are evicted due to unpaid rent you will be classed as having made yourself homeless. Ask the LL in writing to give you a formal rent statement at the same time you ask them to move the rent date, so that youknow exactly where you stand.

As G-M says, a LL still has to meet their legal obligations on repairs and maintenance even when a T is late/not paying their rent. However, with some of the "issues" you raise, such as coat hooks falling off , shower curtain poles coming down etc, are they falling down because they were poorly affixed in the first place or because there is excessively rough treatment of them by you/your family?

You also mention broken radiator thermostats. Have they become broken through general usage because they are old/in poor condition or because they have been damaged? The LL does have legal obligations to keep the heating system in safe working order but you have a responsibility not to cause damage. Has a gas safety certs/ annual maintenance check been done in the past year?

You should always report all repairs issues to the LL/LA promptly and in writing, keeping a copy for yourself.

The LL is not obliged to fit a new kitchen but seems to have agreed to do so. Be aware that a rent raise *may* follow these sort of improvements.

As you say that your daughter left school a few months ago, is she now working and helping you with the bills?

hi thanks for the replies

i may have made the post look a bit confusing sorry

the latest i have ever been with my rent is 2 weeks that was in dec, in sept it was 10 days ish and in the other months 2 days i did try to stay incontact with them so they knew i was trying i know as a good tenent it should have been on time


the shower and coat hook

the plastering in the house is all a bit shoddy, when the builder came with the LL he said it was not done properly in the first place and it was just a matter of time, i have had the curtain rails fall off the same way an were fixed by LL

i have called EA numerous times to say i cant fully stop the floor from being damaged in the bathroom with the water from showering, we cant bathe thats a whole other issue to do with the 5 small tanks in the loft! there is also damp in the bathroom near the toilet causing the paint and some plaster to crumble

the EA are adament that late payment means no repairs even tho the shower for one has been broke 12 mths plus

my DD is disabled and were currently fighting a tribuneral as they stopped her DLA thats a whole other thread on a diff board

dancingfairy

They can't do no repairs because you were at one point late with the rent - that is the most rubbish I have ever heard. df

BitterAndTwisted

Their unwillingness to do necessary repairs due to late payment of rent is sounding more and more like an excuse rather than a valid reason, even if it was a legitimate reason which it is not.

Put all of your concerns IN WRITING NOW as any consequent damage could be levelled at you and your neglect of reporting them in good time.

when_will_it_end

thanks for the replies

im going to call them again to see if the woman i need is in the office
im going to ask for copies of all repairs asked for whether done or not since the start of my tenency

i will then come back on here an let all you helpfull people know whats what befor i write a letter outling repairs still needed to be done and how long i have been waiting

im not holding out for the kitchen although would be nice..lol

thank you