Issues with landlord

mermaid85

I have just moved into a privately rented house. We were told to sign the inventory when we were picking up the keys, and that any issues could be reviewed when we did a second signing, within a week of moving in.

In this time, we have noticed that the window in one of the bedrooms is cracked, which wasn't noted. The landlord is refusing to replace this as "it has been there for years. It is not something we would think of replacing as it is an original sash window. It is part of an old house and is not likely to fall out etc. Obviously if the window was forced or slammed shut but this is true if any single pane window."

Do we have any rights to get this repaired? It is the smallest bedroom and my 1 year olds.

Also, we are renting as unfurnished, but there are a number of items left in the property that "come with it" such as a lawnmower, two vacuums, spare lampshades and sheets, ironing board and cake tins. There are also various loose items in the shed, so many that we do not have use of it at all, and an empty chocolate box and roll of garden twine that are specified on the inventory!!

We have been told that everything has to stay within the confines of the property. Surely the fact that we are renting it as unfurnished should mean we do not have to keep all of these items?

There is a garage at the bottom of the garden that we were told at our viewing we would have access to, then following receipt of the keys and not having a key for it, we were told that it had never been for tenant use. I feel that if we do not have use of this area, the landlord's property should be moved to that - we have been advised to store it in the loft, but we actually need that space for our own belongings.

Please help, I've been unable to find anything online regarding our rights

G_M

Signing the inventory was a mistake - that forms a legal record of what was in the property and (presumably) its condition, when you moved in. You are obliged to leave the property like that when you leave (less wear and tear). All you can do now is report any defect in wriing so as to get them on record. If the carpet is described as 'good condition' but has a large stain - report it or you could be charged for cleaning the stain when you leave.

'Unfurnished' has no legal status. If the items are on the inventory, they must be there when you leave, as descibed in the inventory. Of course, if they are not on the inventory then, well, who is to say they were ever there? You can ask the LL to remove them but he does not have to. Similarly you can remove them, store them elsewhere, but they must be there when you move out.

A window is part of the sructure of the house and is the landlord's responsibility to fix. WRITE to the LL at the address on the tenancy asking for it to be fixed within a reasonable timeframe.

Is the garage mentioned in the tenancy? Since it is clearly part of the property, it IS included unless specifically EXCLUDED in the tenancy agreement. Write asking for the key, and saying that if you do not have access within 5 days you will have to get a locksmith to give you access and will deduct the cost from your rent. Witholding rent is a bit risky but I feel any court would support you.

Shelter has lots of info here.

Benji

Window - section 11 of the 1985 Landlord & Tenant act applies:

11 Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

You have exclusive use of the property, but there is no legal specification for 'unfurnished' (for example, you'll expect some furniture, like kitchen cupboards).

What may be of use to you is the garage. If your tenancy agreement states '123 High Street' and that is it, then 123 High Street comprises everything that is shown on the land registry website for that property. It will cost you £4 to find out. Obviously, if the property is described as "123 High Street, excluding garage" then that is a different story.

You may be able to use this as a negotiating tool (if you don't want the garage) - you take the !!!! away and I'll not demand the garage.

jjlandlord

mermaid85 wrote: »

Do we have any rights to get this repaired? It is the smallest bedroom and my 1 year olds.

Yes, as per section 11 of the Landlord and Tenants Act 1985:

11 Repairing obligations in short leases.E+W

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

This includes windows.

mermaid85 wrote: »

There is a garage at the bottom of the garden that we were told at our viewing we would have access to, then following receipt of the keys and not having a key for it, we were told that it had never been for tenant use.

If the garage is not explicitly excluded in you tenancy agreement, as part of the overall property it is included.


Edit: +1 to Benji for speed ;-)

mermaid85

Thank you

There are a few items that are understandable, I can kind of see why they've left a lawnmower, just annoying when we have one and not enough storage to keep both properly!! But two hoovers? They are all on the inventory including the empty chocolate box - seems a bit off to list rubbish so it has to be kept.

The garage is listed as "locked access" on the inventory and that's the only mention of it. I don't know what that is supposed to mean legally.

What can we do to enforce the window being fixed? As the estate agents have just forwarded me the landlord's comments on it and aren't helping at all. The fact that it is an original sash window is worse to me, because it isn't safety glass.

mermaid85

G_M wrote: »

'Unfurnished' has no legal status. If the items are on the inventory, they must be there when you leave, as descibed in the inventory. Of course, if they are not on the inventory then, well, who is to say they were ever there? You can ask the LL to remove them but he does not have to. Similarly you can remove them, store them elsewhere, but they must be there when you move out.
Shelter has lots of info here.

I thought we'd screwed up signing... There is a listing for "various loose items" in the shed so I feel we can at least get rid of some of it.

The landlord has said it has to all remain within the property though, does she have any right to say that? Or enforce it?

G_M

mermaid85 wrote: »

Thank you

There are a few items that are understandable, I can kind of see why they've left a lawnmower, just annoying when we have one and not enough storage to keep both properly!! But two hoovers? They are all on the inventory including the empty chocolate box - seems a bit off to list rubbish so it has to be kept.does it just say 'choclate box'? Throw it away then, just before you leave, buy and eat a box of chocolates?

The garage is listed as "locked access" on the inventory and that's the only mention of it. I don't know what that is supposed to mean legally.strange wording. I guess it is meant to mean 'No access' but it could equally mean you have access via a key - in which case you should be given a key. I should interpret it like that, and write to the LL as advised above.

What can we do to enforce the window being fixed? see my advice above As the estate agents have just forwarded me the landlord's comments on it and aren't helping at all. The fact that it is an original sash window is worse to me, because it isn't safety glass.

Always WRITE.

To the LANDLORD.

That's why under S48 Landlord & Tenant Act 1987 he has to put an address on the tenancy agreement (though it can be c/o someone else)

jjlandlord

mermaid85 wrote: »

The landlord has said it has to all remain within the property though, does she have any right to say that? Or enforce it?

No. Your only duty is at the end of the tenancy to return the property and the items on the inventory in the condition you found them.

G_M wrote: »

strange wording. I guess it is meant to mean 'No access' but it could equally mean you have access via a key - in which case you should be given a key. I should interpret it like that, and write to the LL as advised above.

This was on the inventory, so my interpretation is that state and contents of garage could not be inspected because access was locked.

mermaid85

GM - it just states box, not even a chocolate box.

Thank you. I will try writing to her, I have been told she's out of the country so I don't know if she'll get it. I'm just concerned about kicking up too much fuss because althoughn we have a 12 month tenancy, there is a 6 month break out clause that has to be enforced at 4 months... not sure we can afford deposits etc to do this all again if she decides to use it because we want repairs done

G_M

jjlandlord wrote: »

This was on the inventory, so my interpretation is that state and contents of garage could not be inspected because access was locked.

Missed that! mermaid, ignore my last garage comment. Unless it is excluded on the tenancy agreement your should have access.

Is the LL living out of the country? And if so, who do you pay rent to? I ask because unless you pay rent to someone IN the UK (eg agent) you might be liable for the landlord's tax and should withold it!
Provided you have an address in Eng/Wales, this is where you must write. If the LL does not receive it, that is their problem. Ultimately there is a process for getting repairs done and you MUST follow the process. Step one is to write.

What is the procedure for withholding rent?

You must follow a specific procedure if you want to pay for repairs and take the cost out of your rent. Otherwise, your landlord can evict you.
Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when. We've produced a series of sample letters, which may be helpful.
The process is as follows:

• Step 1: report the repairs to the landlord in writing and allow time for them to be done. Keep a copy.
• Step 2: write to your landlord again, explaining that you intend do the work yourself and take the costs out of your rent unless the repairs are done within a certain time (eg two weeks). Keep a copy. See sample letter 1.
• Step 3: once this time has passed, get three quotes/estimates for the work from reliable contractors
• Step 4: send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time (eg a further two weeks). See sample letter 2.
• Step 5: once this time has passed, if your landlord hasn't responded, arrange for the work to be done by the contractor that gave the cheapest quote
• Step 6: pay for the work yourself and send a copy of the receipt to your landlord, asking them to refund the money. See sample letter 3.
• Step 7: if your landlord does not give you back the money, write and confirm that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. See sample letter 4.

G_M

mermaid85 wrote: »

..... I'm just concerned about kicking up too much fuss because althoughn we have a 12 month tenancy, there is a 6 month break out clause that has to be enforced at 4 months... not sure we can afford deposits etc to do this all again if she decides to use it because we want repairs done

This is always a risk where a tenant insists on their rights with a LL who is not professional/sympathetic. But remember evicting you costs the LL money too! You can rfuse access for viewings before you leave so inevitably there is a void between tenants when the LL gets NO rent.

£500 rent per mont rapidly becomes a £1000 loss! And that's before advertising costs/agency fees etc the LL has to pay.

Most LLs prefer a regular paying tenant to the uncertainty /cost of a void.