Should my landlord pay for draught proofing?

Saffy345

Hi all,

My bedroom in our 3 bedroom shared flat is exposed to a lot of wind and there are HUGE gaps around the sash windows that mean cold air is literally blowing my curtains around! My room is dramatically colder when you step into it from the corridor and I need to do something about it because even with the heating on, my room doesn't heat up when the rest of the flat does.

Our landlord is ridiculously hard to contact. We haven't heard from him for about 2 months, and he has not turned up a number of times when he has arranged to come round to fit curtain rails, curtains and to repair a number of things, like the huge boiler cupboard door which fell off on top of my flatmate due to a water damaged wall.

I have sent him a strong worded but polite email regarding this lack of communication and the consequences it is having on us (ie. cancelling arrangements including work to be in at times he can make it and then him not turn up) but he still does not reply, answer his phone, answer texts or anything. It's like he just doesn't care!

So this month, my flatmates paid their rent but I purposefully didn't pay my rent in the hope that maybe then he would call me or contact me and I will pay it, I just want to speak to him about the repairs! I feel personally offended by his actions as I have been liaising with him and I feel ignored and like I'm paying for a service that I am definitely not receiving! In the past we have paid on the dot so I thought maybe not receiving payment would get him to get in touch but, alas, he just doesn't seem to care.

I don't really know what to do. We need the repairs done, I need to draught proof my room. He promised us curtains throughout the flat as there is no double glazing (however he has not said so in writing). Our bills are going to be massive and I am still sitting here typing this with gloves on!

Should I just deduct the cost of draught proof strips from my rent (about £20)?

How should we go about repairing the boiler door, as the wall is damaged? I think it will cost loads to get the wall replastered?

And should we just fit the curtain rails ourselves? If so can we charge him for the work and the fittings, as it counts as a home improvement that will increase his flat value if done professionally?

It's so annoying paying £1400 every month for a flat that is starting to look and feel like a squat!

Thank you for you help,
From a very cold and frustrated Saffy345

Saffy345

I forgot to mention that we are currently in a position where paying for the repairs out of our own pocket is not possible as my flatmates and I are on very low incomes and struggling (particularly with the recently raised energy bills, bah humbug!).

Rikki

You could always buy and put up some heavy curtains yourself for the bedroom window and take them with you when you go. This is what we did in my son's student house.

As for repairs I don't know so I can't comment.

Idiophreak

I don't know if the LL would actually have to do anything about the wind blowing in. I'd be inclined to splash out the £20 yourself and just be happy that your energy bills will be that much lower. The rest of the stuff, you just need the LL to take care of it. I'd just keep holding on to your money. He'll turn up sooner or later.

iamcornholio

A landlord is responsible for ensuring that the property is "wind and weathertight" so that includes draughts.

A statutory nuisance claim via your local council will give the landlord 21 days to rectify it

For internal doors and damaged plaster, that is normally a tenant responsibility, unless there is specific wording in the tenancy agreement to the contrary. Same for curtains

You need to be careful about deducting money from agreed rent, or not paying rent when due as the landlord could hold you in breach of the tenancy and it may be a reason for eviction action

phill99

iamcornholio wrote: »

A landlord is responsible for ensuring that the property is "wind and weathertight" so that includes draughts.

But whether that includes draught proofing is another thing. It is only in the last decade or so wher we now espect a house to be total;ly free from graughts. When I was a student we had massive draughts in our house but it was just accepted and you dealt with it accordingly.

The problem with draughts is that one person may think gale force 12 is blowing through the window while another person may think it a mild breeze.

I think you will struggle to get yoiur landlord to put in draught proofing and rent strike leads you in to a whole new ball game.

KateLiana27

Pick your battles.

I'd take a pragmatic approach about the draught proofing. You'll be losing more than £20 in energy bills if this carries on, not to mention the health and comfort issues. Just pay the £20 for the draught-proof tape, keep the receipt, and next time you are able to contact the landlord ask if he will refund you. If he refuses, I'd let it go.

As for the other more serious/costly issues like the boiler door, write a formal (but polite) letter, be explicit about what you want and when you want it by, and send it by registered mail.

iamcornholio

phill99 wrote: »

But whether that includes draught proofing is another thing.

The problem with draughts is that one person may think gale force 12 is blowing through the window while another person may think it a mild breeze.

Windows should not let in draughts. If they do, then by definition they are defective in an need of repair ... and so fall under the landlords repairing obligation, or constitute a statutory nuisance.

Instances when this may not be so, is in certain short term tenancies or if the rent is so low to take account of certain defects and some other specific but rare situations

For your second point you are correct, which is why when making claims against a landlord for disrepair or nuisance, then it is normal to get an experts report if the landlord does not agree that there is a problem, or refuses to do any work. Costs are reclaimable from the landlord if proven - but the local council will do all this for free if it is a private landlord and it is deemed a nuisance

mart.vader

iamcornholio wrote: »

For internal doors and damaged plaster, that is normally a tenant responsibility, unless there is specific wording in the tenancy agreement to the contrary. Same for curtains

Sorry, I disagree with that part of iamcornholio's advice. (but only that part). OP said door fell off due to a water damaged wall. I don't see anything that would automatically be the tenant's responsibility there.

Most advice is not to withhold rent, and WRITE to LL, don't phone or email. You are entitled by law to have an address in the UK to contact him at.

Draught-proofing strips seem to be around £4 - £5, and should be more than enough for an average room.

I have seen recommendations to use bubble-wrap on windows, if you're not too bothered about looking through them, but If the OP or anyone else is considering using the stick-on window film, you might wish to know that B & Q currently do 1.5 sq. meters for £5 ("Stormguard " or something) , but Wickes do 6.0 sq. meters for £7.30.

grizzly1911

Suggest you write recorded delivery to his postal address too for the real major stuff like the boiler wall/door.

As for draft proofing as PPs say just do it yourself. Just don't go damaging the windows, nailing/screwing strips, though because you could end up being billed for remediation too.

As for getting the council involved it depends on how much you like where you live. Causing the LL "unnecessary" difficulties may result in you having some of your own.

Saffy345

Thank you everybody, some really great replies.

I have just spent over an hour on the phone to a Community Legal Advice housing law advisor.

"Windows should not let in draughts. If they do, then by definition they are defective in an need of repair ... and so fall under the landlords repairing obligation, or constitute a statutory nuisance. "

This is true. It is apparent that he is obliged to fix the draughty gaps, as well as the boiler door and water damaged wall.

I was advised that I should pay my rent now and take pre-court action steps, in the hope that my landlord will at some point take the right choice and act as a responsible, well paid landlord should by fixing and repairing where necessary.

These steps include asking the local environmental health department to come and do a check of our flat and draw up a written report stating any repairs that need doing, collecting any previous evidence of communication and writing him a few more letters saying that if he does not respond and fulfil his duty as our landlord we will take him to court.

As for the curtains, he is in breach of a verbal contract and I think I will reiterate that to him. There is nothing in writing except a few brief text messages, however, we agreed on this condition before renting the property (somehow it didn't make the agreement!!!) so I think it very cheeky of him to back out. Plus, in our kitchen we have 5 huge sash windows so as you can imagine, a lot of heat is escaping due to the lack of insulation, which is what we anticipated, thus leading us to require curtains as a condition.

My housemate just got through to him on private number whilst I'm writing this! Apparently he is going to call back in 2 hours... We'll see...