Can I sue my landlord?

debtfreein2008

Hi

In July I moved into a brand new rented 3 bed house. Because it was still being built I could only view the show home & outside.
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I paid extra because the house had an ensuite. The spec states that in the main bathroom there should also be a shower but there isn't. Since the day I moved in I have been fighting for this & getting nowhere! It's ridiculous because I paid extra so that on the mornings we wouldnt all be fighting over 1 shower which is in my bedroom! I had friends stay over last week & they too had to shower in my bedroom.

I could rent a 3 bed with 1 bathroom for £125-£175 a month less!! Yes not brand new but actually slightly better area so car insurance cheaper too!

I don't really want to move but I'm at the end of my teather. So if I do govthis route does thus constitute breech of contract? Can I ask for compensation for moving costs, money spent having people in to hang pictures etc? Sheer inconvenience? How do I start this proces? Do I need a solicitor?

Thank you for any advice xx

Tiddlywinks

What do you have in writing as proof of the promised specification of the house? Does it clearly and specifically say that the main bathroom will have a shower? Not just pictures?

If no, then you don't have a strong argument and will have to put up with it or move when your contract allows.

If yes, then you need to formally write stating your position, what you want to happen and then give a reasonable timeframe for resolution.

Is the fight worth the hassle - wouldn't moving be a better option?

Fire_Fox

Why couldn't your guests use the bath or the sink? Did you get written consent of the landlord to hang pictures and the like?

missile

Ask to terminate your contract and move on.

debtfreein2008

Thank you for replies and sorry for delay in response I have been away for work.

To answers questions: I have a written spec from the developer which states there will be a shower and I also have an email from the agents stating that they will fit the shower- they sent someone round to quote and then it all went very quiet and so I chased and they changed their minds again!

Yes I obtained permission to hang pictures etc.

I'm willing to move however I have spent a vast amount of money on this place such as moving costs and fixtures plus now I live alone I have had to pay for work to be done as I cant do DIY. So if I move I want to be compensated and I just want to know what the best route is?

They have basically said I cant accept it or move out! I think they have other people interested and they just dont care:( Shame because I'm a good tennant and for the sake of a few hundred quid they will lose me.

outofmoney

Why are you renting a 3 bedroom place when you live alone?

G_M

The Developer's spec is part of the contract between the Developer and the owner/landlord. Not you.

Unless it was specifically included by the landlord (or his agent) in his contractual dealings with you in which case it could be argued it formed part of your tenancy contract.

The email is more promising.

Your first step is to WRITE to the landlord at the address provided on your Tenancy Agreement (which may may not be c/o the agent) politely pointing out that a shower was part of the contract for the two reasons you've given.

Enclose copies of the spec and email.

Ask the landlord to contact you asap to arrange a suitable date for installation of the shower

End by saying you trust you will hear back within a week so the matter can be resolved amicably without further action being necessary.

Do all this by letter - not phone, text or email.

debtfreein2008

When I say 'live alone' I mean I no longer have a partner I have 2 children.

Firefox: My guests could of course have a bath & use sink the point is I'm paying for the convenience of a second shower that I dont have.

Tiddlywinks, (good name!) I have already outlined my position in writing and their response was put up with it or move out.

I have just been through all emails and texts and luckily I have everything. I have the spec which states shower in mian bath. I have the email in which they say they will do the shower and I have text conversations with the plumber they sent round to do the quote.

I really wish I was in the position to buy again right now because I hate all the uncertainty of renting but I just dont have the money!

debtfreein2008

Hi G_M

Thank you for reply and advice. Because I could not view the property I had to rely on the show house, (has lovely shower!) plus they gave me a spec sheet and said this is what you will have. I took them at their word. They are also saying the landlord, who lives in South Africa, signed off on the properties as they were and so I must accept this. However I commited to the property based on the spec supplied, I would never have taken it otherwise.

I have done as you said and written a very polite letter giving a deadline of Nov 19th however the response was as stated previously. I dont understand why they agreed and sent a plumber round to quote and have now gone back on it. They had another property to let which was snapped up so I think they have someone waiting in the wings who wont make a fuss over a shower. There are other items missing too but I havent even bothered to push for those!

So what is my next step? I cant afford to just move and bear the cost and upheavel for me & my family xx

G_M

If you have written to the landlord, and received a reply from him or his agent saying no, your next step either:

1) start an action in the small claims court for breach of contract. There is a small fee, but if you winn you get this back. I'd guess you have a 80% chance of success (but no, I'm not a lawyer!)

2) Install the shower yourself, using a professional tradesman, pay him, and deduct the cost from your rent. Note 2 points:

a) you MUST follow a strict procedure for this, which is detailed by Shelter here.

b) the landlord may dispute your entitlement to do this.
i) He may claim you are in rent arrears, and eventually try to evict you. To do this he'd have to go to court, at which point you present all your evidence, AND show that you followed Shelter's process, and the court will then turn down the LL's claim for possession (hopefully!)

ii) or he might try to deduct this amount from your deposit when you leave. Again, you then dispute this via the deposit scheme arbitration process (your deposit IS in a scheme, yes?)

debtfreein2008

Great advice!

I think I will have to go down the small claims court route and move out because if I have the shower installed and deduct from rent I'm fairly certain that come July when my contract is up they wont renew and I wont have a leg to stand on.

I'm going to go and see my local shelter people tomorrow morning as I have a day off and start from there.

Thanks again x