Landlord not fulfilling obligations

therevelator

Hi,

I've been living in a flat in London for 9 years.

When we moved in, the flat was in a poor state and required lots of cleaning. At the time, we carried out the cleaning ourselves and didn't complain or request rent to be reduced in exchange for the cleaning work. The rates for property were good and so perhaps we felt that it was a good exchange.

Over the years, however, we have had various problems:

Cockroaches - initially, this was a major problem which the landlord did nothing about - we paid for treatments etc. Fortunately, the problem seems to have receded now - probably due to the cooler weather we've been having.

When we moved in the shower was of low quality, which we replaced at our expense.

Leaking Roof - we had a major problem with a leaking roof. The landlord did send builders round to fix the problem but it turned out they were cowboys and then secondary builders had to be sent in. The leak did, in the end, get fixed but not without a lot of disruption.

The property was in a poor state when we moved in and required decorating. Again, we took on this responsibility ourselves and did not pass on any of the costs to the landlord. This involved several days of labour for several people plus materials.

The property has no double glazing nor central heating. Many of the window frames are rotten and on the verge of falling off. The landlord did replace some of them but left many undone.

The guttering has not been done on a regular enough basis.

Some of the electrics are faulty but because this is not a serious problem we have ignored it; one of the circuits doesn't work properly and triggers the trip switch if we try to connect a bulb.

There is an open balcony, which has always had a problem with nesting pigeons. We initially did erect protection to stop the pigeons at our own expense.

After some time, the netting had to be replaced, which we did, but passed the cost for the materials on to the landlord who did pay. This only came to £40 but of course by doing the work ourselves we must have saved her money.

When we moved in, because of the lack of central heating, electric heaters were purchased by the landlord. In the recent winter, one broke and I asked that it be replaced, which the landlord did pay for. One heater in 9 years!

For the duration of the time there, the washing machine has never worked properly but we've put up with its limitations. It has had to be repaired on several occasions in order to keep it going in spite of its limited functionality. Recently, it has stopped working completely. So, I suggested to the landlord to buy one of better quality whereupon she bit my head off.

What I need to know is to what extent the landlord has been in breach of her responsibilities. The whole time I've been there I have never missed a rent payment.

I recently asked her if we could wash the carpets and if she could pay for the rental of a carpet washing machine, which she refused to do. I feel strongly that she is not being realistic in regards to the maintenance of the property and she recently said to me that she wasn't responsible for its upkeep???????

I don't feel she's fully aware of the condition of the place and the fact that, in spite of the low rates. The conditions of the property are not that it is a great property at low rates, it is that the rates are low for a reason; the brunt of which I've shouldered for the whole time I've been there.

I'm going to write her a letter explaining my points but I just wanted to see what sort of legal ground I had to stand on.

may_fair

Cockroaches/pigeons - not LL's liability if the infestation occurred after you moved in unless it's caused by structural disrepair (bit of a grey area)
'Low quality shower' - not LL's liability if it worked. LL only obliged to maintain/repair existing installations.
Leaking roof - LL's liability
Decorating - not LL's liability (and technically speaking you could be liable to reinstate decor as you found it at start of tenancy, fair wear and tear excepted - so after 9 years, no need to worry)
Windows - if rotten LL must repair/reinstate but has no obligation to make improvements such as installing double glazing unless the lack of it comprises a health hazard under HHSRS (housing health and safety rating system - this is enforced by the environmental health officer at the local council)
Central heating - ditto LL has no obligation to install unless there's a health hazard and that's the only solution, but he does have an obligation to keep any existing heating installation in repair
Electrics - LL is liable for ensuring electrical installations are safe
Washing machine - LL has no statutory obligation to repair, it would only be a contractual obligation, i.e. written in your contract
Cleaning carpets - T's responsibility

See s.11 Landlord & Tenant Act 1985, which contains LL's inescapable repairing obligations:
http://www.legislation.gov.uk/ukpga/1985/70/section/11

And see also Shelter's page on dealing with disrepair:
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

diable

Stop complaining and move as its too late to do anything now or put up with the low rate of rent. She knows she has you trapped as you have been there 9 years.

Running_Horse

So you got good rates for a flat that needed cleaning...nine years ago.

Are you hoping for a rent reduction...nine years later?

therevelator

OK, thanks may_fair. I just needed to clarify exactly what her responsibilities were before acting.