where do i stand? private rental

cazsmith99

I have been in my rented house for 4 years. In the 4 years i have had countless problems with the heating-ie radiators not heating. The LA have been informed by the plummer that a 'flush' of the system is needed as it was never installed properly. This was refused by LL (never met or had any form of contact with him/her) The living room radiator only partially heats up. I have 2 young children in the house and im sick of it.
There is also dampness, probably caused by the cellar underneath.
Its so damp in the cellar that our ariels dont work as that is where they apppear to be coming from.

Basically what im asking is- is my LL/LA obligated to do these things?

We cant afford the deposit/bond for somewhere else so we are stuck
:-(

Stacyluvya

Yes they should handle all of this. It should say all of this in your contract. xxx

Werdnal

Have you reported these issues in writing - a letter that is, not text, email etc. If not, write to the agent and LL (LL c/o agent if you do not have their address) and keep free proof of posting fromt he post office.

Tell them you are struggling to maintain adequate heating in the property, and you feel this will have a detrimental affect on both the property itself, and your family with winter approaching. Ask them to arrange a visit to assess and arrange repair of the heating systems within the next 14 working days.

Once you have done this, await their response. If nothing happens in the suggested timescale, contact the Environmental Health department at your local council, and ask them to assess the property. They can enforce repairs, if they feel the heating and damp are serious enough.

However, if LL is reluctant to address these issues, please be aware that you are running the risk of LL issuing you notice if you do this. Sad, but thats the way of some LLs!

Fire_Fox

Inform the landlord of the problems with the heating and hot water and damp in writing. If they do not take action contact Environmental Health at your local council. Be sure that any damp is not partly or wholly down to your lifestyle, you may need to open the windows daily year round. http://www.irwellvalleyha.co.uk/content/1013/damp-and-condensation.aspx

Do not withhold rent, this puts you in breach of contract and at risk of eviction. You have no right to withhold rent unless you have followed a specific procedure and are using the money for repairs, only do this if specifically advised to do so by EH.

Werdnal

VjIjGjIj wrote: »

Your Landlord should deal with the problem with your heating. Im surprised you Local Authority have not advised you on this. I would suggest that you 'withhold' the rent until the problem is sorted if you are having no luck with your LL.

PLEASE DO NOT WITHHOLD RENT!!!! There is a very specific repair protocol which does permit you to withold rent in lieu of repairs, but this must be followed to the letter, otherwise you are in breach of your tenancy and you will be given notice to leave.

Try my route first, do not stop paying or you will be evicted.

Kynthia

VjIjGjIj wrote: »

Your Landlord should deal with the problem with your heating. Im surprised you Local Authority have not advised you on this. I would suggest that you 'withhold' the rent until the problem is sorted if you are having no luck with your LL.

Do NOT follow this advice as it will be a breach of your tenancy and will result in your eviction! There is a strict procedure you can follow in order to pay for repairs yourself out of rent money but it is a long process that must be followed exactly.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_social_housing/withholding_rent_over_repairs

cazsmith99

thanks for your replies! I have misplaced our tenancy agreement and when i asked the LA for a copy they wanted something stupid like £50 for it when frankly I dont have a spare £50 for it! I haven't put anything in actual writing as I have visited each time myself. Its on my way to work so seemed silly not to just go in myself. Maybe i do need it in writing now!
Theres so many things that need doing that havent been, but in a way im reluctant to push as they have never increased my rent in the 4 years i have been here!
I won't withold rent while i intend on staying here as like i said before, i cant afford to go anywhere else so i would be spiting myself!

Fire_Fox

In writing to the landlord not the agent: use recorded delivery OR better still two copies from different Post Offices getting a proof of postage each time. It's not silly, letters are formal communication for a formal situation. You must always cover yourself by being able to prove you have reported problems to the landlord (acting in a tenant like manner). Have you considered offering to take on another fixed term contract if some of the issues are resolved? You get security of tenure, landlord gets guaranteed rent/ no gap between tenants.

cazsmith99

I have no contact with the landlord. From what i understand he wants the agency to deal with it all. I have no name, number, address for him, I deal soley with the agency and they were unwilling to disclose any information on said LL.

Fire_Fox

cazsmith99 wrote: »

I have no contact with the landlord. From what i understand he wants the agency to deal with it all. I have no name, number, address for him, I deal soley with the agency and they were unwilling to disclose any information on said LL.

Irrelevant, I emboldened deliberately. Write to the landlord not the agent, you are contracted to the landlord and they are the ones with repairing obligations. You are legally entitled to an address at which to serve notices on your landlord, if one is not on your AST or you cannot find it write to the letting agent asking for the landlord's address. Alternatively you might spend £4 downloading the land registry entry for your home to see if there is an address there.
http://www.landlordzone.co.uk/landlord's_address.htm

flyingember

Hi

I suggest you contact your local council and tell them what you have told us. In some councils the team you want sits in Environmental Health in others it will be in the housing section, check on their website.

They have a legal duty to inspect your home to determine what action they could and should take under the Housing Act 2004 and associated legislation. They will tell you what your option are.

Good luck

fe