Broken lock on window - who repairs???

lewistye

Thanks for the advice, is this a bit risky though to deduct the cost from my rent? I've read on many sites that in case of dispute you should never withhold any rent (even to cover the cost of repair) as the landlord then has grounds to evict on the basis of unpaid rent.

As a last resort I would follow the route you suggested but before that I would like some sort of confirmation from an external body that this falls under wear and tear, as my LL has indicated he would then pay.

Also I cannot fix the lock myself, it is all built into the (aluminium) window frame and is not a case of simply unscrewing and fitting a new lock.

As before if anyone could give me the name of an external body who can advise on this in writing so that I can forward to my LL that would be much appreciated.

poppysarah

http://www.dgsupplyline.co.uk/

have a look and see if they have the spares for it.

N79

lewistye wrote: »

Thanks for the advice, is this a bit risky though to deduct the cost from my rent? I've read on many sites that in case of dispute you should never withhold any rent (even to cover the cost of repair) as the landlord then has grounds to evict on the basis of unpaid rent.

If you follow the procedure from Lee Parker vs Izzet (Shelter have a guide) then you can defend a possession claim for unpaid rent on the basis of having to pay for repairs. However, you must follow the procedure precisely.

lewistye wrote: »

As a last resort I would follow the route you suggested but before that I would like some sort of confirmation from an external body that this falls under wear and tear, as my LL has indicated he would then pay.

The body you are referring to is the County Court who will pronounce whether this was fair wear and tear or T caused damage when the LL tried to evict.

If you are not confident that it was fair wear and tear then presumably you believe that you may have caused the damage? In that case, you should probably pay to have the damage repaired.

If you are sure you are not responsible then your LL will have to prove that you are - which clearly they will not be able to do.

I know that this is going to sound harsh but I'm afraid you either have to grow a pair and enforce your rights or you need to admit that you might have caused the damage and retire from the field in good order. One broken lock is really too minor for a council environmental health office to get involved (even assuming that it is a breach - which it probably is not).

lewistye

Just to clarify, I am 100% positive that this was not caused by excessive force, it's just that my LL won't believe that until he has another (professional) opinion.

I think I will follow the Lee-Parker v Izzet case guide on shelter - although, at each step, it says "if the LL has not responded, [write the next letter]". If the LL however responds negatively (eg refutes whatever I have put in the first letter) should I still carry on with the process as detailed on shelter's site?

Sorry if that sounds confusing! Thanks for the help,