What are my rights on repairs?

JellyMonster

Hi,

Basically we are renting a house in Southampton through Personal Homefinders. We moved in 20th Aug 2011 and instantly found issues with the house and reported them. I would like to know if this is normal/legal behaviour from a landlord?

Some problems were resolved within the week (like 2/3 toilets leaking). However when the toilets leaked they caused damage to the floor and ceiling. This wasn't repaired until March 2012! After constant reminding!

We also had problems with our fridge and complained a lot about wasted food. We had a company called Aardvark come out and look at it but they said it was fine. They did this twice and shortly after it broke completely, all food then wasted. Personal Homefinders refused to compensate us for the wasted food.

That is a few problems we've had that are now solved!

We also complained constantly shortly after we moved in about 1 bedroom on the top floor being excessively cold! It was only after the freezing winter period that someone came to look at our loft insulation and found there was NO insulation above this one room! This is supposed to be fixed 1st May!

We have a lot of mould in the master bedroom in 1 corner and it constantly grows in the en-suite. They did give us a leaflet on ways to help prevent mould, but even after following this it is still very bad! and gives me breathing trouble at night with my asthma.

The gate in the back garden is broken and cannot be locked or closed properly. We have been asking for this to be fixed or fenced over since we moved in, and last week I found it open!

Lastly, when we moved in the walls and floors are in really bad shape. The paintwork is marked and dented. And the lino has a massive hole in it. We have asked for this to be looked at before we renew our lease.

Has anyone got any advice on this? or a good website to look at? I am becoming increasingly frustrated with the lack of support from them and the lack of work we get done!

Regards
JM

pararct

Your expectations and the Landlords ability or demeanour to affect repairs have a wide gap between them.

The only legal redress you MAY have is the interior damp affecting your health but in order to move things along here you would need to involve the environmental health officer at the local council.Even then it is very possible the mould and damp are a result of you not allowing the property to vent properly.. (read up on condensation).

Why did you not ask for the paintwork to be tidied up and the lino replaced as a condition of you moving in?

Probably not you want to hear but by the sounds of it you are already considering moving.. That is probably the best course of action!!

JellyMonster

aaah, moving out isn't that appealing. The whole moving process is just horrible. Especially when you have a 200l aquarium (not near the mould XD)

The lease ends in August, and I have asked for the walls and floor to be sorted as a condition of renewing, so hopefully that will work.

I think I will be paying them a visit soon and talking directly with the manger, see where I get.

cabbage

my only advice is to put your concerns in writing to the letting agent, keep a copy for your own records and then go from there.

Turnbull2000

Sound like your only realistic option is to move. Otherwise it's likely you'll have to contend with these issues or fix them yourself. Persistently kicking up a fuss may only gain you an retaliatory S.21.

JellyMonster

Turnbull2000 wrote: »

Sound like your only realistic option is to move. Otherwise it's likely you'll have to contend with these issues or fix them yourself. Persistently kicking up a fuss may only gain you an retaliatory S.21.

I think I'm just going to keep moaning, and if it happens it happens.

I do have the knowledge that they have had trouble finding someone to let this place, and it was quite along time since they had previous tenants. So they might not want to loose us!

I'm sure they costs to fix the problems would out weigh not receiving rent.

G_M

cabbage wrote: »

my only advice is to put your concerns in writing to the letting agent, keep a copy for your own records and then go from there.

This is NOT the correct procedure.

OP, how many times have you put your complaints in writing, and to who?

You should be putting all complaints in writing to the landlord.

The landlord's name should be on your tenancy agreement. You should also have been given his address, usually (but not always) also on the TA, 'for the serving of Notices'.

This may be his home address, may be c/o the agency, or may be elsewhere - but it must be given to you or you do not have to pay rent. (Landlord and Tenant Act 1987 ) This is where your make your formal complaints.

By all means send a copy to the agency too. Or phone for speed. But always write formally as well.

* toilets - should repaired in a reasonable period. couple of weeks? But were they reported correctly? And was the 'constant moaning' in writing as required or email/text/phone?

* fridge. Who is responsible for it? Have you read your TA? What does it say if anything? If the LL is responsible, then as above, it should be repaired in a reasonable timeframe (there is a mechanism for getting repairs done yourself where the LL does not, but it MUST be followed closely (shelter - repairs)

* there is no requirement for loft insulation. If you now have it - be grateful. However you should have been given an EPC before you moved in which should have told you it was not installed. Were you? See here.

* Mould. Either this is tenant lifestyle (most common) or it is structural. If the former, adjust your lifestyle. If the latter, put your complaint in writing to the landlord). If he does nothing, contact Environmental Health or the Private Tenancy Officer at your council

* Gate. As above, put your complaint in writing to the landlord.

* walls and floor. Presumably were like this when you viewed? So either you accepted the condition, or you made redecoration a condition of your signing the tenancy, and got the landlord's (or his agent's) agreement in writing. Which?


More here on repairs.