Oven busted - Cant't contact landlord, advice needed!

St_Marco

Hi guys, need some advice!

I rent privately and have been in the house about 3 and a half years. In that time I have paid monthly and always on time. Never had any problems with the place so have not really had much need to speak to the landlords (brother and sister own the place). The only time we talk is when the contract is due to expire and we agree on a new one and new rent.
Normally the way we contact each other is via email or phone. But 99% of the time it is through email.

Last night I was cooking some food in the oven when all the electrics cut out. I went the fuse box and flipped the electric switch back up. Everything came back on fine. Thought maybe it was due to the bad weather. Went to my oven to bring the food out and instantly noticed the oven was not hot. The food was cold even after an hour!

After doing a bit of googling I think it is probably the oven element has gone.

So I thought this is probably the landlords responsibility to fix. I could be wrong but in our tenancy agreement it doesn't mention that I should repair things when they break. When a few other things have broken I have fixed it myself by these are minor things. So I have taken on those costs.

Today I thought i'd better give them a call and let them know. So I ring the number and it is a dead line....I rang this number last 4 months ago and it was fine.

Next I tried to send an email to the same address I have always used (last used about 2 months ago) and after sending I got the "notification of delivery failure" message! I tried a couple of times but was the same thing.

So all I have is an address where their mother lives. I tried to get the number but again it was dead.

So not really sure what I should do? Naturally an oven is an essential thing for the property. The rent is due in 2 weeks so i'm wondering if I should withold that until they get in touch or should I use some of that money to pay for the repair?

As I mentioned the entire time I have been here there have been no problems worth contacting them about. This is the first real issue. I could pay for it myself but I think that it would set a precedent that I don't think would be fair.

Any advice would be greatly appreciated!

Thanks

sandsni

I know you say your normal contact is by phone or email, but you should have a postal address for your LLs (I'm sure you've checked the tenancy agreement but it's a bit strange that they haven't given you a postal address for at least one of them). If the only address you have is their mother's, you could try sending a letter c/o that address (but make sure it has the LLs names on it) and ask them to get in touch with you asap. You could also try getting a couple of quotes for fixing the oven and include those in the letter. Ask them to let you know if it's ok for you to pay for the repair out of the rent. If they've normally been pretty decent (albeit pretty absent) they'll hopefully appreciate that you've asked rather than just witholding rent. And if they haven't had any problems with the property in the 3.5 years you've been there then I hope they see an oven repair/replacement as a reasonable request. I know I would.

RAS

Assuming England and Wales, in the absence of a postal address for the LL, you are not required to pay rent, until such time as he provides one. What address do you have to serve notice?

St_Marco

sandsni wrote: »

I know you say your normal contact is by phone or email, but you should have a postal address for your LLs (I'm sure you've checked the tenancy agreement but it's a bit strange that they haven't given you a postal address for at least one of them). If the only address you have is their mother's, you could try sending a letter c/o that address (but make sure it has the LLs names on it) and ask them to get in touch with you asap. You could also try getting a couple of quotes for fixing the oven and include those in the letter. Ask them to let you know if it's ok for you to pay for the repair out of the rent. If they've normally been pretty decent (albeit pretty absent) they'll hopefully appreciate that you've asked rather than just witholding rent. And if they haven't had any problems with the property in the 3.5 years you've been there then I hope they see an oven repair/replacement as a reasonable request. I know I would.

Hi guys, thanks for your replies!

Basically the two people who actually own the property move around a lot. The brother works in Canada and isn't in the UK much. But he is the person I normally deal with via email.
The sister also moves around a lot so don't speak to her much.

On the agreement the address is the mothers home which is about 3 miles from the property.

I think your right that I should send them a letter saying the problem and say how much it will cost.

My only concern is how long should I leave it before I take things into my own hands? By that I mean obviously the cooker needs to be fixed. It is an essential piece of equipment. I think going weeks is unreasonable. The problem is if they have decided to change numbers/emails and have not kept me informed of those updates then that doesn't give me much of an option.

It makes me thankful it wasen't anything more serious because if it will take days/weeks to get a response it could be too late by then!

I think the best thing for me to do is write a letter to the mums address, send it recorded delivery. Stating the issues.
Then if I have not heard back within a week get the issue fixed and withold rent until I hear from them. Then when they do contact me asking where there money is explain why.

RAS

Hmm.

Send the letter NOW to the mother's address.

If the LLs are not UK residents paying tax, you should be deducting 25% of the rent unless you have seen a HMRC certificate.

St_Marco

Well the sister is a UK resident I know for sure as she is a Nurse at a hospital in Brighton. The brother i'm not so sure about.

I will send the letter out tomorrow as I will try and get some quotes done.

RAS

You do understand that if he is not UK resident and you do not have the HMRC certificate, the HMRC can chase YOU for the tax he has not paid? So it is in your interests to ensure that the rules are complied with.

there are strict rules about deducrting repair costs from rent with which you need to comply

G_M

1) All repairs should be reported in writing (letter)
2) They should be reported to the LL at the address on the tenancy agreement (mum's in this case)
3) If no response, you can use Shelter's process here for getting repairs done yourself
4 ) if you pay an overseas LL directly (as opposed to someone in Eng like an agent or his mum) then HMRC may chase you to pay the LL's tax - read here. Where does your rent go?

St_Marco

Cheers guys!
Right I have finally managed to get hold of the mum and she will sort it out.
The house is registered to her address and the account that the money is paid to is her address and account. So technically she is the owner (but more so acting on behalf of the owners).

So hopefully should all be okay now. Thanks a lot for your advice, really appreciate it

G_M

St_Marco wrote: »

Cheers guys!
Right I have finally managed to get hold of the mum and she will sort it out.
The house is registered to her address and the account that the money is paid to is her address and account. So technically she is the owner (but more so acting on behalf of the owners).

So hopefully should all be okay now. Thanks a lot for your advice, really appreciate it

If mum is receiving the rent, then she is the LL's agent. Since she is in England, you do not need to worry about the tax. HMRC will chase her for the LL's tax, not you.

Glad you got it sorted.

But I'd still write a short note (letter!) just so it's on record, even if it's a 'thank you' note.