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lift repair query

Hello,

I am a tenant on the 4th floor of a block of flats. The lift in the building has been out of use for almost 2 weeks. The management company is aware of this, and was informed about this from the start, I think. What can I do about this? Can I withhold, or threaten to withhold, part of the rent?

Thanks for any advice,

mike.
«1

Comments

  • No, you can't withhold your rent or any part of it or you could risk being evicted for non-payment.

    As you are a tenant and the responsibility for the lift-maintenance does not lie with your landlord personally but presumably with the leaseholders' representatives you could risk punishing the wrong party in any case.

    I'm assuming that you have informed your landlord about the lift being out of use IN WRITING. If not, do it now.
  • Thanks for your response. I have just emailed the letting agent about the problem. If the lift isn't repaired soon, what should I then do?

    Cheers,

    mike.
  • You'll either have to grin and bear it or plan to move. You do realise that the letting-agent has no power to insist that this issue addressed, don't you? It's the landlord you should be communicating with, as they presumably are the leaseholder. The management company will have no interest in hearing from a third party.
  • propertyman
    propertyman Posts: 2,922 Forumite
    You can ultimately have rent reduced on the basis of the property not being available as let, if there are unreasonable delays.

    The landlord and their agent need to press the managing agent to address matters or explain the delay.

    Very often with modern lifts its getting parts from Greek Spanish and Italian suppliers who are on strike on fire or given up.

    Or in one spectacular case laid off all its IT department so there is no software support for the controllers, du'h.

    If the costs exceed certain limits per flat, 100 or 250, new lift control boards can easily be 4 or 5 k, if the Spanish are not on holiday for a month then it might be funds.

    Your landlord should be made aware and asked to find out or you will withhold say 2 days rent per month.

    They might be aware, your letting agent and landlrod might simply have not told you.

    Knock on the door of a neighbouring flat owner and ask.

    Your local environmental health officer can inspect the lift an serve notice requiring them to repair it.

    Or if you are able bodied think of the exercise :)
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • On what basis are you recommending the OP threatens to withhold two days rent a month?

    That's the quickest way I can think of to be in receipt of a S21 Notice.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 28 October 2012 at 1:21PM
    Lift repairs are the responsibility of the freeholder or management company, your letting agent has no contractual relationship with them and neither do you. Write to your landlord formally reporting the fault and asking for a written response as to when repairs will be carried out, they have a contractual relatipnship with both you and the management company so are the most appropriate 'go between'.

    Don't assume or think anyone knows and do not withhold your rent nor threaten to at this stage, that puts you in breach of contract. The landlord is responsible for taking reasonable steps to get the lift repaired within a reasonable time frame. Without knowing who has done what or what the fault with the lift is you cannot assess what is reasonable.

    In the mean time the four floors is good exercise for anyone able bodied, the government recommends we all walk 10,000 steps every day for basic health. Have a supermarket delivery your groceries, they are supposed to bring them right to your flat door tho the drivers probably won't want to without a lift! :p There are often free delivery codes on MSE or it's £3 for certain time slots - if you order enough heavy longlife goods for two weeks it won't cost any more than going to the supermarket in a car or on the bus.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • missile
    missile Posts: 11,762 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    :eek:
    for almost two weeks
    . Shock horror :rotfl:
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • propertyman
    propertyman Posts: 2,922 Forumite
    It is a threat as posted. And as posted they are free to issue proceeding or via mediation see it as on offset.

    As for the amount its based on the "unofficial scale" in circulation and originating from the RSL sector.

    You don't get a section 21 in term or for 2 days rent, or more importantly for a threat......
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • propertyman
    propertyman Posts: 2,922 Forumite
    The management company will have no interest in hearing from a third party.

    Not necessarily true.

    A sensible and successful agent understands that the satisfaction of the occupants is good for the leaseholders and the block in general.
    Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
    Actively hunting down the person who invented the imaginary tenure, "share freehold";
    if you can show me one I will produce my daughter's unicorn
  • mike8888
    mike8888 Posts: 13 Forumite
    Fire_Fox wrote: »
    Lift repairs are the responsibility of the freeholder or management company, your letting agent has no contractual relationship with them and neither do you. Write to your landlord formally reporting the fault and asking for a written response as to when repairs will be carried out, they have a contractual relatipnship with both you and the management company so are the most appropriate 'go between'.

    Don't assume or think anyone knows and do not withhold your rent nor threaten to at this stage, that puts you in breach of contract. The landlord is responsible for taking reasonable steps to get the lift repaired within a reasonable time frame. Without knowing who has done what or what the fault with the lift is you cannot assess what is reasonable.

    In the mean time the four floors is good exercise for anyone able bodied, the government recommends we all walk 10,000 steps every day for basic health. Have a supermarket delivery your groceries, they are supposed to bring them right to your flat door tho the drivers probably won't want to without a lift! :p There are often free delivery codes on MSE or it's £3 for certain time slots - if you order enough heavy longlife goods for two weeks it won't cost any more than going to the supermarket in a car or on the bus.

    Thanks for the advice; but when you say `write formally', does that mean a paper letter, or will my email suffice?
    I don't know the identity of the landlord; I only have the letting agent's details.
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