Landlord and Tennancy act 1985 - Statutory Repairing Obligations

Biker-Budgie

Hi - im trying to help out a friend/colleague

There is currently a problem with an a toilet at a private rented property which the landlord/letting agent is dragging their heals with, im awaiting the full detals of the fault buit i do know its been going on for aprox 10 weeks and is causing the apartment to smell etc so in my mind its possibly a public health matter.

Under the Landlord and Tenant Act 1985 section 11 1b it states :-

to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)

trouble is i cant find anything which states timescales - ie can the landlord say - no problem i will get this fixed in a couple of years?

any advice greatfully received - ive emailed her asking for more precise information in respect to timescales. notification methods and exact description of fault etc.

jjlandlord

It does imply time scales since it states "To keep in repair and proper working order". That means that repairs must be carried out as soon as possible after the tenant has notified the landlord of any issue.

RAS

Stop e-mailing her.

Send her a letter, preferably two copies from different post offices, listing all your previous contact and advising her that if it is not repaired in one week, you are going to seek quotes to get it repaired yourself.

See here http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation for information on the rules in England

Biker-Budgie

sorry i should have been more clear - im emailing my friend with the problem - not the landlord/agent. im trying to find here the relevant advice she needs to push the landlord into repairing or get out of her contract and find somewhere better.

thanks for the links - having a read through now.

jjlandlord - thanks, i understand that but you and i might have totaly diferent idea's of 'as soon as possible' - this is why i was trying to find some sort of guidance on timescales - it seems a little open to interpretation.

thanks again all.

mlz1413

The LL should be seen to be trying to fix the problem, ie after fault is reported a plumber should have been sent round. If he couldn't fix than his recommendations should be followed.

If this is in a block of flats it maybe a problem somewhere else that is effecting more than just your friends flat - but equally this should have been notified IF this is the case.

You haven't said how long this has been going on but my thoughts are:
Tenant reports fault by phone to LA or LL as applicable

within 24 hours feedback is given (ie appointment with plumber)

appointment is made and kept and plumber either fixes or gives idea of problem to tenant and then liases with LL to fix problem.

Within 48 hours feedback is given and tenant informed of problem.

Remember your friend needs to be flexible about meeting the plumber to get this fixed or needs to allow LA/LL to meet plumber whilst they are out.

mlz1413

Biker-Budgie wrote: »

sorry i should have been more clear - im emailing my friend with the problem - not the landlord/agent. im trying to find here the relevant advice she needs to push the landlord into repairing or get out of her contract and find somewhere better.

.QUOTE]

it would have to be a big problem to warrant breaking the Tenancy Agreement over this.

when was it first reported and how?
have letters ever been sent?
has the LL given any response to why the problem is not fixed?

If the problem lays with the block of flats then the repair of it will fall to the managing agents and the LL will have no control over the time scale.

How much longer is your friends TA for?

Biker-Budgie

ok latest info :-

first reported via email - April 20th
no letters have been sent
LL has sent someone out who advised a part was required (back in May) no further attendance.
no response from LL in recognition of why not fixed.
TA is to March 2013

description of fault - water leaking from toilet, now causing staining to carpets and an 'unpleasant' smell so im guessing its not the clean water inlet thats causing this.

thanks again all

mlz1413

Yes agree that is too long and sounds like its been forgotton.

Get friend to WRITE to LA and LL (if has both) stating that the problem reported on 20th April has still not been fixed despite a part being ordered in May.

Request a response by return advising when problem will be fixed and advising that the carpet in the bathroom will need replacing when the leak has been repaired.

if your friend doesn't hear back in one week then get them to ring and speak to LL/LA - if they don't get an answer WRITE again stating that if no response is received with a date for the repair within 7 days then they will have the problem fixed themselves and withhold the cost from the rent.

IF they are forced to go down that route then get 3 quotes and use the cheapest one. Keep a photocopy of the invoice and send the original invoice to the LL with details of which rent is being reduced.

After it is fixed start asking for the carpet to be replaced and again do it all by letter.

Biker-Budgie

ok thanks, i have passed it all on and included a link to here so she can read it for herself.