Landlady not fixing drain problems

neen80

Hi
This is my first time posting on here so please bear with me. It's a bit of a long post but really need some advice.

My partner, myself and my 7 year old daughter moved into a private rented property just over a year ago. We have two toilets in the property that have never flushed very well but because it was an old property we just thought that was the problem. Anyway about a week after moving in we went out the back to sweep up fallen leaves ( it was winter and there was so much to do we hadn't bothered going out there before that) and noticed raw sewage was coming out of the drain ( it was piled up against the back wall where the living room is ) There was so much that it was obvious it had been there for quite some time.

We were with a letting agent at the time so they told us we had to contact the Landlady to get her to sort out the problem. She didn't seem at all bothered but arranged to have insurance with British Gas. She told my partner to call them, which he did so they sent out Dino Rod.

Dino Rod came out the same day and told us that two manhole covers had been paved over in the back garden and would need to be exposed to be able to put a camera down to investigate the problem. Anyway we told the landlady but she didn't do anything. Lo and behold 2 weeks later it happened again but we knew what to look out for as the toilets were not flushing the waste away again. Everytime this has happened we go out back and there's faeces coming out the drain and piling up against the back wall. This happened about 4 times before she sent a friend of hers to locate the manhole covers and to dig up the patio slabs. He didn't have a clue what he was doing so my partner found them and helped dig them up. Dino Rod came back with the camera and told us that the channels needed maintenance as they were 'Flat & too rough' so even toilet paper was getting caught up leading to a build up. We don't use wet wipes etc so this was not caused by us and the guy wrote the report saying he found no evidence that we had caused this and advised maintenance of the channels. WE explained all this to the landlady who said she couldn't afford it right then which was ok with us but we told her it would need to be done.

She then sent a different guy round to put the slabs back down even though we told her that Dino Rod said she had to have them raised so they could get access if it happend again.
Not surprisingly it did, Dino Rod came back, refused to lift the slabs ( Landlady told the friend to use dry cement which set like normal cement so they had to be chipped up again) leaving us for another day with #### up the back wall and toilets not working as they should. Dino Rod came back. cleared it again with a report just like the previous ones saying maintenance needed on the channels! We called her again, she said she would call down between the wednesday - friday. She didn't, turned up on the monday with a Landscape Gardener!!! She wanted to put 'decorative stones' down instead of raising the manhole covers saying it was the cheaper option. We told her then that we wouldn't be willing to keep digging stones, slabs etc anymore as we both have full time jobs and its been going on over a year. She was so rude to us and denied all knowledge of knowing about the maintenance needed. We told her everytime on the phone and showed her the reports (There were 8 in total) The paving slabs have been dug up and left in the garden for a month now leaving exposed manhole covers which have perished. She claims this has only happened once about 5 years ago which we find hard to believe. That was a week ago, she has the reports but we've heard nothing since.
The thing is, we love living here despite the drain problems, we pay rent on time, house looks better than when we moved in so we're good tennants. We don't want to leave but we no longer go through the estate agent as she wanted to deal with us direct because she was pleased we were looking after her house so well. We have a month by month agreement as the 6 month tennancy has come and gone but she told us verbally we could stay as long as we liked.

What do we do? This is really frustrating the both of us, mainly because she was acting ignorant and was rude infront of this Landscape gardener, obviously trying to save face!

Any advice would be great, sorry its such a long post!

poppysarah

neen80 wrote: »

Hi

The thing is, we love living here despite the drain problems,

move.



although have rules changed and water bard might be respoinsblke for drains since october?

princeofpounds

Option 1 is follow the procedure laid down in Lee Parket vs Izzet 1971, where you fund repairs yourself and deduct from future rent. The procedure is quite specific so make sure you follow it closely and keep records of everything.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets

Option 2 is call in the Environmental Health team from the council.

theartfullodger

Nobody should have to put up with this problem or her behaviour..

Have you written (yes, WRITTEN!!) a calm & polite letter to Landlady (who I agree sounds like a right twit... ) outlining the problem & asking her to let you know -in writing please - , within 5 days, what she will be doing to fix it?? (You need evidence she ain't taken reasonable steps to fix problem..)

In your shoes if I didn't get a sensible reply then contact local council "Environmental Health" department. Dodgy drains are not good for anyone - you, neighbours etc..

Recognise that thanks to Thatcher she can issue you with a "Section 21" notice giving 2-ish months notice that she may start court possession proceedings..

Cheers!

Artful (Landlord).

AFK_Matrix

And also from now make sure you correspond with the LL in writing not just on the phone then you have a paper trail and she can't come back to you like she has denying all knowledge of the reports/problem. I would probably right a letter detailing the issues and what you want done and give her a deadline to have the issues sorted by. Then if she still won't do anything i would do as the others have suggested above.

neen80

Thanks for reading and replying!

We are concerned that she could ask us to leave if she doesn't want to fix the problem, as it's nearing xmas we really don't want to go to the trouble of packing up and leaving just yet.

Surley she is in breach of contract? i.e failing to carry out repairs/maintenance for sanitation problems

It seems unfair that we have paid our rent on time, the house looks lovely and we've also done odd jobs around the house like fix doors that didn't close etc.. which we never bothered her about, and she can keep taking the money without carrying out her side of the agreement!

Where do I stand on this if I have to leave?

AFK_Matrix

As far as I am aware she can issue a section 21 notice when ever she feels like it with there being no reason for it. So it's up to you if you want to push getting the drains sorted but run the risk of getting a section 21. But do remember you have 2 months from the day u get the section 21 and she has to have gone through the right procedure issuing you the section 21 as if she does it wrong when it comes to court it can be thrown out and the whole process started again, giving you another 2 months notice. I would maybe write the letter to her but in the mean time start looking at other places to live just in case she is a twit of a LL and serves the section 21.

The other option is to put up with it, but as it sounds rather nasty and I assume the smell must be lovely, I'd get it sorted personally.

theartfullodger

Yes, as you describe it, she's in breach of her obligations....

Yes, it's not fair but she can give you notice.

However if she issues notice today it must give at least 2 months notice (that she will start court proceedings).. then probably 6-12 weeks before she got you out... so probably 4-8 months before you had to go..

As she's failed to understand what to do about repairs it's entirely possible she'll fail to understand how to follow the eviction process correctly and thus take ven longer...

Were you ever served with a "Section 21" notice??

Was the deposit protected?? If so were you served with the "prescribed information" about it's protection (if not S21 will be invalid anyway..)

She wouldn't like you arguing in defence that she'd failed to repair things...

With drains you/her/everyone else really do need to do something....

Sorry, and best wishes, hope it works out...

neen80

Thanks again both!

My deposit is protected with the DPS, although she has final word on if we get it back! I don't trust her one bit anymore!
She hasn't served me any notice....yet!
But as you can imagine the relationship has gone downhill, mainly due to her lack of communication. My partner is going to try to speak to her again today to see if she has arranged anything, If not we will start doing all the above advice you have given.

Never had this problem with previous landlords before, so for every good one there is definately an incompentent one!

Your right, the smell is awful and she is a twit!

princeofpounds

Totally understand the point about being worried about being moved on, but when it gets to the point of having your own ess aich eye tee bubbling up in the garden I think the line gets crossed personally.

Besides, if someone else moved in they would complain about it too, so she will have to fix it sooner or later.

theartfullodger

Apart from everything else, your problems and neighbours I never understand why Landlords don't want to get this sort of problem sorted V V fast - if only to avoid damage to their "investment".

I had a similar problem at a house I rented out: Tenant 'phoned me, I thanked him & said I'd ask my builder to have a look, he went round with 24hrs, said he couldn't fix it, I updated tenant, contacted water-board (Scotland, sensible country..) who were round within 24 hours, had a look, said they needed more kit then were back within another 24 hours and sorted it all, no charge to me or tenant (I'd been expecting a bill - bonus!). & I still felt mildly embarrassed & went round to say sorry (and check it was really OK) and bottle of wine as very small gesture. The last thing I'd want as a Landlord would be damp, worse, and a reputation for not looking after property and/or tenants: It's simply bad for business...


Cheers!