Can I sue my landlord?

G_M

I imagine whichever route you take, they will not renew your contract in July. Tenants who take action against their LLs are not popular!

The advantage of installing it yourself and deducting from rent:
* you get the use of the shower - which is what you want!
* you postpone any legal dispute, possibly to arbitration over your deposit
* the onus is on the LL to claim the money back from you, not vice verse

If you sue fro breach of contract
* you will not get a shower for a good few months if at all
* you will have ospecify what compensation you want -hard to quantify and anyway, is this about cash or a shower?

Bear in mind in all this that your contract is with the LL, not his agent, so that is who you sue. So make sure he KNOWS what is going on. Jave you been communicating with him, or the agents? Have the agents been (accurately) keeping him informed?

neas

What you got left 5 months? Just move out.

G_M

neas wrote: »

What you got left 5 months? Just move out.

Moving out would leave the OP open to a claim for the rent for the next 5 months (5? July is 8 months away!) - 8 months rent.

Lack of shower may be a contract breach but it does not invalidate the contract. The OP is still bound by it.

jgh

Never ever EVER rent a property that requires work done on it before moving in.
Never ever EVER rent a property that is not in a satisfactory state when you view it.

embob74

As an aside I think there are tax rules in regard to tenants who have LL's that live abroad.
Hopefully some knowledgeable bod will tell you what the legal position is but I have seen advice given to tenants to keep a percentage of their rent aside for HMRC due to LL being out of the country.

debtfreein2008

The time to continue to negotiate over the shower is gone. I patiently waited and a one point I even offered to contribute, ( this is when they sent a plumber in but obviously didnt like his quote!) I now have no choice but to move out and yes I will then sue for breach of contract.

I dont think its 'tennants heaven' at all- I'm hugely out of pocket and am asking to be compensated as such. I feel as a tennant I have rights and the agents/landlord cant just push me around and force me to move just because I demand something that I'm paying for.

At the end of the day its a shower-not life and death BUT I am paying for it and so I should have it. If I agreed a 3 bed and then was given a 2 bed would I be expected to just live with it?

I plan to go to Shelter tomorrow and go from there. I will keep you informed of how I get on x

pinkshoes

I would send them a letter giving them 3 options to choose from:

1. They install the shower within 14 days of receipt of the letter, as already agreed in writing on <date>

2. Within 14 days, they agree in writing to release you from your tenancy, and pay FULL moving costs including removal company, all fees, and a positive reference for the next landlord.

3. If you do not hear from them in 14 days, you will be paying for the installation of the shower, then deducting the cost from next months rent.


As you already have it in writing that a shower was agreed, then there's not much they can do if you install it yourself and deduct it from your rent, as if they take you to court for the money, there's a very high chance they would lose. I'm quite sure they'd then end your tenancy at the end of the 12 months though...

G_M

embob74 wrote: »

As an aside I think there are tax rules in regard to tenants who have LL's that live abroad.
Hopefully some knowledgeable bod will tell you what the legal position is but I have seen advice given to tenants to keep a percentage of their rent aside for HMRC due to LL being out of the country.

This is only an issue where the tenant is paying the (overseas) landlord directly (ie into his bank account).

This is because in that scenario it is very hard for HMRC to chase the LL if necessary for any tax due.

Where the tenant is paying a UK-based agent, the tax liability then falls on the agent, so there is no issue for the tenant.