Private rented house in bad condition-what are my rights

TeamNicholson

4 months ago we moved into an old semi-detached house. It was in pretty bad condition but were told it was cosmetic. After repainting, damp patches have re-apeared and mould is growing on the ceiling of upstairs. Our neighbour who had recently has his roof re-tiled has informed us we are missing several tiles and bare wood is on show. The guttering is also blocked. There is also a crack in the upstairs bedroom wall which is getting bigger.

If my landlord does not fix these major problems am I allowed to exit the tenancy agreement early? Ihave a two year old son with asthma and I am heavily pregnant.

Can anyone advise what my rights are? I'm in Scotland.

G_M

The answer is no.

What you should do is write to the landlord detailing the issues (damp etc) and the causes you believe (missing tiles, gutters etc) and asking politely for the timescale in which he will repair.

Ask the LL to come round (suggest 2/3 convenient dates/times?) to take a look.

If you get nowhere, then come back here for further advice.

Write to the address on the tenancy agreement "for the serving of notices", keep a copy, and send a copy to the agency if there is one.

PasturesNew

The bottom line with private rentals is: Put up or Ship Out.

Do what G_M says, but always remember the bottom line.

NIC26

I would review your tenancy contract to see what provision there is for leaving early. It should state if you can do this, how much notice you have to give. If this is not mentioned you may be able to come to an arrangement with the landlord.

If you cannot reach an agreement with the landlord, you will have to wait for the tenancy term to finish. If you leave the property without notice/agreement before the tenancy has finished you are still responsible for the rent till the end of the tenancy period.

The timing isn't ideal but I would consider moving at the soonest opportunity. Even if the landlord makes the right noises and starts repairs. The problems are not cosmetic and the damp could possibly trigger your son's asthma.

TeamNicholson

G_M wrote: »

The answer is no.

What you should do is write to the landlord detailing the issues (damp etc) and the causes you believe (missing tiles, gutters etc) and asking politely for the timescale in which he will repair.

The landlord is aware of the problems but is not in a position financially to fix them.

As far as I am aware the repair bill passed in 2007 in Scotland states a private let property should be wind and water tight. Surely even a tenancy agreement is trumped by law law??

5.4 A private rented property must meet the Repairing Standard as follows:
• the house is wind and water tight and in all other respects reasonably fit for human habitation;
• the structure and exterior of the house (including drains, gutters and external pipes) are in
a reasonable state of repair and in proper working order;
• the installations in the house for the supply of water, gas and electricity and for
sanitation, space heating and heating water are in a reasonable state of repair and in
proper working order;
• any fixtures, fittings and appliances provided by the landlord under the tenancy are in a
reasonable state of repair and in proper working order;
• any furnishings provided by the landlord under the tenancy are capable of being used
safely for the purpose for which they are designed; and
• the house has satisfactory provision for detecting fires and for giving warning in the event
of fire or suspected fire
Source: Housing (Scotland) Act 2006 s13: 1

http://www.landlordaccreditationscotland.com/Files/File/Core%20Standards%2026%20Sept.pdf

poppysarah

PasturesNew wrote: »

The bottom line with private rentals is: Put up or Ship Out.

Do what G_M says, but always remember the bottom line.

Actually there's a third line.

Report repairs to the LL and then Env. Health at the council if the LL does nothing.
You'll get the satisfaction of knowing the LL is being forced to do repairs and if they wnat you out then it makes you higher up the list for council housing.

G_M

Ah Scotland. I don't knowthelaw up there, but imagine the first step is the same:

Put your request/report/complaint formally to the LL in writing. Even if you are sure he will/can not do anything.

Thereafter you'll need specific Scottish property law advice but I guess Environmental Health and/or Sheriffs Court and/or council landlord registration dept etc.

But I'm sure you'll need to show you've first attempted to resolve the issue yourself with the LL, hence the letter.

tbs624

In Scotland it is a LLs duty to ensure that let property meets the Repairing Standard at the start of let and all times during the tenancy

T's can report to the Private Rented Housing Panel if LL is failing to repair/maintain the property but LL has to have been made aware by T if there are repairs which need seeing to and LL has to have been given "reasonable" [edit: period] of time in which to get them done.

See http://www.prhpscotland.gov.uk/prhp/1.html

tbs624

TeamNicholson wrote: »

The landlord is aware of the problems but is not in a position financially to fix them.

Not your problem - he can be ordered to undertake repairs. However, his financial situation may mean that he is up for releasing you early from the tenancy.