Problems In Rented House

tamiami

We have been living in a lovely old farmhouse for the last 3 years. Everything was great until about 6 months ago.

We have had an ongoing issue with the showers for at least the last 3 months. Nearly everytime we use the shower it trips out the electricity in the whole house, which is very annoying when you have shampoo in your eyes!! This happens in both showers. It has got to the stage that I can only wash my hair when my husband is at home. It works for about 20 seconds then trips out. We have told the landlord umpteen times and he sends an electician out who says he can see nothing wrong.

Also, the front door has a half inch gap around it that lets in a gale force wind. The LL came out last November to measure up for a new door, then sent someone round to botch it up with plywood. We have not had the new door and now it looks awful with wood nailed all around the doorframe and it has no effect on stopping the draught coming in. The draught goes straight into the lounge and blows the draught excluder right across the lounge floor. This costs us a fortune with our gas bill as well to keep the lounge warm.

We have seen another house we would like to move to, it is available now but our tenancy agreement doesn't end until 1st Sept. If we were just to leave early can he make us pay the rent for the next to months - it is £1000 per month. We just want to move now as we have had enough.

Thanks

Werdnal

I'm afraid 2 wrongs don't make a right - just because the LL has not carried out repairs, you cannot walk away from a legally binding agreement and expect to be let off your obligation to pay rent until the term expires.

Have you ever put your repair requests in writing - a letter that is, not a text or email. If you want to enforce repairs, you need to formally request the LL attend to them in writing, giving a timespan for his response/action. If the LL fails to act, it is possible to arrange repairs yourself and deduct them from the rent you pay, but there is a specific process you need to follow, and a written record of your repair requests is the first step.

If you walk away from the tenancy, LL will be able to sue you for the remaining rent, and possibly get a CCJ against you, which will affect your credit rating and ability to rent for several years. You only other option would be to approach the LL and ask his agreement to "surrender" the tenancy early. You may need to offer him some financial settlement, ie pay his advertising and re-letting fees, and he has no obligation to accept.

pmlindyloo

Here is the procedure for when the LL fails to carry out repairs:

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

However, do carry out Werdnal's advcie first.

Since it is summer time, annoying as the door issue is I would concentrate on the shower problem.

In the meantime, have you the use of a bath? If you have, think about having a qucik wash down in there instead of a shower.

There isn't long before the end of your tenancy so, personally I would follow the advice given and 'make do' rather than leave and have to pay the rest of the rent.

It is very important that you have written evidence of the state of the property (specifically the shower and door) so that the LL doesn't try and deduct the cost of these repairs from your deposit after you have left (it is protected isn't it?)

So, make sure you write, keep a copy and send by recorded delivery or post two copies of the letters from different post offices and get receipts.

This is a very common problem and unfortunately given the time it all takes by following the correct procedures means that you will be very near the end of your tenancy before it is likely to get fixed.

Werdnal

Agree with above, except the recorded delivery - never send anything to LL which needs to be signed for! If he is out, it will be returned to the sorting office and sit awaiting his collection. If he doesn't bother, it will be retuned to you after 14 working days. First class with free proof of posting is all you need!

tamiami

Thanks for your replies.

Although it is the summer, we still have to have the heating on because the house is isolated - in the middle of fields - so with the current weather and wind it is really draughty.

With the shower, there are 2 showers, the main bathroom and the master ensuite, and the problem is the same with both.

It is a nightmare trying to wash my long hair and my 7 year old daughters long hair in the bath - especially when we should have the use of 2 power showers.

When the electricity goes off, we have to walk out of the house and around the back of the farm into the barn to switch it back on, so as you can see it is not a simple thing.

It has just become so annoying - I have put up with it for months now. I call the landlord and he comes out, says he can't see anything wrong and to let him know if it happens again. So basically have given up calling him.

He is a lovely man, a farmer, just a bit old and occupied with his farm I think.

I wouldn't mind but we are paying £1000 month for all the facilities the house supposedly offers and it is ridiculous to have to crouch in the bath with a jug to wash our hair when we are paying for 2 power showers.

I have been told that if we leave he will keep the security deposit (£1k) and would probably not take us to court for the remaining £1k as it would cost him more than that in costs.

I'm not bothered about my credit rating - we don't have credit cards or loans etc., and never will do - got into a mess with all that several years ago!!

The new home is via a private landlord and it is all practically signed and sealed now - he has drawn up the agreement and we just need to sign and decide on a moving date.

TBH I am thinking I will just take the chance and leave as this place is making us all crotchety with each other and causing unnecessary upset.

On the funny side you should have seen the face on my husband on Saturday when he had to stand out in the wind and rain for 25 minutes to keep switching the electric back on whilst I was showering our daughter after she had been sick!!

pmlindyloo

Werdnal wrote: »

Agree with above, except the recorded delivery - never send anything to LL which needs to be signed for! If he is out, it will be returned to the sorting office and sit awaiting his collection. If he doesn't bother, it will be retuned to you after 14 working days. First class with free proof of posting is all you need!

I do agree with you which is why I mentioned both.

However, I do know that sending by recorded delivery is still recommended by advice agencies - perhaps they need to update their advice

OP, in your previous post you said an electrician had been out and then in a later post you say the LL looked at it.

Since you seem to be on good terms with your LL could you ask him if you can get an electrician out yourself and deduct it from the rent? - might even be worth paying for it yourself as you don't seem to be too concerned about losing your £1000 deposit.

Don't forget to send that letter about the door and showers - you do not want any further financial comebacks after you leave!

I do sympathise. Perhaps the LL isn't the showering kind and knows nothing about long hair!!!

HB58

It would cost your landlord very little to take you to the Small Claims court for non-payment of rent, expecially as you would have to pay his costs if the court found against you. Are you sure it is worth it for the sake of a couple of months?