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Free legal advice --- problem with landlord
afm_2
Posts: 698 Forumite
Following the advice of pinkShoes I have edited my original post. So here's the problem I am having:
We have moved to this house more than 2 months ago and we have decided to come to this house because the landlord (who's staff of the estate agent) agreed to put a shower in for when we moved in. However, when we moved, there was no shower installed. Since then, they keep saying that it will be installed next week and we keep calling and sending emails. They always say the same "It will be next week". Now we got tired of this since not only they don't solve the problem, but also they don't show any respect. We would have never considered to move to this house without a shower. We have never been in a house without a shower before and it is really inconvenient for us.
We are good tenants. We pay everything on time and we take good care of the property. We don't deserve this. We gave them a deadline to install it and the deadline is gone and they didn't even bother to say anything. Now, we want to know our rights.
The agreement is not in writing, but we have emails that confirm that they said they would install the shower. Do we have any way to enforce them to install it or to pay us some compensation for all the stress and inconvenience? Can we move out before the end of the tenancy agreement?
Any help would be much appreciated.
Thank you!
We have moved to this house more than 2 months ago and we have decided to come to this house because the landlord (who's staff of the estate agent) agreed to put a shower in for when we moved in. However, when we moved, there was no shower installed. Since then, they keep saying that it will be installed next week and we keep calling and sending emails. They always say the same "It will be next week". Now we got tired of this since not only they don't solve the problem, but also they don't show any respect. We would have never considered to move to this house without a shower. We have never been in a house without a shower before and it is really inconvenient for us.
We are good tenants. We pay everything on time and we take good care of the property. We don't deserve this. We gave them a deadline to install it and the deadline is gone and they didn't even bother to say anything. Now, we want to know our rights.
The agreement is not in writing, but we have emails that confirm that they said they would install the shower. Do we have any way to enforce them to install it or to pay us some compensation for all the stress and inconvenience? Can we move out before the end of the tenancy agreement?
Any help would be much appreciated.
Thank you!
Goal: Win a car (or cash to buy one 
)! -- Haha goal from when I was a student. Never actually won this but got a good job instead.
What I achieved:
Car paid in full straightaway.
Two properties fully paid. Wohhoooo!
)! -- Haha goal from when I was a student. Never actually won this but got a good job instead.What I achieved:
Car paid in full straightaway.
Two properties fully paid. Wohhoooo!
0
Comments
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When you posted this on the consumer rights forum, I think they meant that when you post it here on this board, just explain the problem, and there are lots of helpful and knowledgeable people on here who will be able to help.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Thank you pinkShoes! I've now followed your advice.Goal: Win a car (or cash to buy one)! -- Haha goal from when I was a student. Never actually won this but got a good job instead.
What I achieved:
Car paid in full straightaway.
Two properties fully paid. Wohhoooo!0 -
If you didn't get your landlord's undertaking to install that shower in writing you cannot compel them to do so.
If you have signed a fixed-term assured shorthold tenancy you cannot surrender the property befor ethe end of the term without your landlord's agreement in writing.
STOP phoning, emailing or texting and WRITE to the agent and the landlord asking them when they intend to honour their agreement as promised to install this shower.0 -
Well, but we have emails that confirm that they agreed to install the shower. Shouldn't that be a proof that we were promised something that we didn't get? Shouldn't they just be obliged to do what they promised?Goal: Win a car (or cash to buy one)! -- Haha goal from when I was a student. Never actually won this but got a good job instead.
What I achieved:
Car paid in full straightaway.
Two properties fully paid. Wohhoooo!0 -
Yes, they should be. Putting it formally in writing might persuade them that you are serious in expecting them to honour the agreement they made with you.
It's also possible that they are attempting to source the materials and a contractor to install it. This often doesn't take five minutes to arrange.
Write to them and keep on writing on a weekly basis until you get what was promised to you. No-one can wave a magic-want for you, alas.
That is my free legal advice.0 -
I agree with B&T, and put everything in writing, including all the times you've contacted them (phone and email) asking them to install a shower, as agreed before the tenancy started. Give them 14 days from receipt of letter to install the shower.
If nothing happens in the 14 days, I'd then send another letter giving them another 14 days to do the promised work, otherwise you will get three quotes to have a shower installed, and get it done yourself, deducting the cost from your rent. (I *think* you're allowed to do this given you have written evidence of their agreement to install a shower,)
Make sure you keep copies of all letters sent, and perhaps either send them recorded, or at the very least, post two copies, from different post offices, keeping a proof of postage.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
If nothing happens in the 14 days, I'd then send another letter giving them another 14 days to do the promised work, otherwise you will get three quotes to have a shower installed, and get it done yourself, deducting the cost from your rent. (I *think* you're allowed to do this given you have written evidence of their agreement to install a shower,)
Shelter's website has a detailed listing of the exact steps you must follow in order to do this. Definitely one to check.:A Thanks to all the lovely people who contribute their advice! :A0 -
The procedure being talked about is tenant's right of repair as established in Lee Parker vs Izzet 1971. It is for repairs, not new works (although a court may conceivably see it as a fair and just process I am not sure).
I think you would be much better-off suing for breach of contract instead. Get three quotes to estimate the loss of value you have suffered, issue a letter before action, see what happens.0 -
But T hasn't lost the value of the shower (she wasn't promised that she could 'have' the shower - ie keep it), so those 3 quotes would be irrelevant. The financial loss - and therefore the potential for damages - is the difference between the rent paid, and the rent that the property (sans shower) is worth. Proving the latter figure may be difficult, but I'd guess it would be iro £5pw. For court purposes, you could not calculate the actual loss until either the shower is fitted, or the tenancy ends.princeofpounds wrote: »Get three quotes to estimate the loss of value you have suffered, issue a letter before action, see what happens.
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Thank you all for all the replies. I have a letter ready to sent out. However, coincidence or not, a tiler came here this evening with no notice... and said that a plumber will come soon. The wonders of mse Anyway, I'll keep the letter for a few more days and if it does not get resolved I'll send it out and follow your advice.
Once again, thank you very much for the help and I'll keep you updated.Goal: Win a car (or cash to buy one)! -- Haha goal from when I was a student. Never actually won this but got a good job instead.
What I achieved:
Car paid in full straightaway.
Two properties fully paid. Wohhoooo!0
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