Landlord obligations for providing bathroom facilities

TuesdaysChild_3

I'd be most grateful if anybody could advise on what obligations a landlord has for providing toilet facilities in the event of a problem. I've had an ongoing issue with the waste pipe leaking. A few months ago, I asked the Letting Agent to send a plumber to look at it after it started leaking through the ceiling. They sent the Landlord instead. I know he does odd jobs for them so I guess that's why. He said somthing along the lines of "Couldn't you just but up with it? It isn't much and it would be a big job to fix it". As a retired health professional, I'd disagree that a leak from a waste pipe 'isn't much'. After fiddling around for half an hour, he said he'd fixed it. Unfortunately, the issue is back and I'm back to leave towels down and cleaning up every couple of hours.

The landlord is coming back tomorrow and I hope he'll get things sorted out this time but if it is a big job, what obligation, if any, does he have in terms of providing alternative facilities? That is the only toilet in the house and I'm a retired person who spends a lot of time at home. It would be unthinkable for me to be without a toilet for any length of time! This is the landlords first rental property so he's very inexperienced.

Thank you in advance for any input.

G_M

If he does not sort it tomorrow,

a) WRITE to the landlord (yes, the landlord. A LETTER) at the address "for the serving of notices" recapping the problem, how long it's been like that, when you 1st reported it etc, and asking for it to be fixed as a mattter of urgency due to the health hazard.

b)) cc the agent

c) cc the Environmental Health Dept at the council


Landlord & Tenant Act 1985

8 Implied terms as to fitness for human habitation.
(1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—

(a)a condition that the house is fit for human habitation at the commencement of the tenancy, and

(b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.

10 Fitness for human habitation.

In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

• repair,
• stability,
• freedom from damp,
• internal arrangement,
• natural lighting,
• ventilation,
• water supply,
• drainage and sanitary conveniences,
• facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

11 Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

TuesdaysChild_3

Thanks, G_M, I will do that if he doesn't sort it out tomorrow. I don't think it is a job he can do and he knows it. It needs a plumber. The Agent can be a bit intimidating so I have wanted to keep it all as amicable as possible but I think both the Landlord and the Agent are taking the proverbial at this point.

HappyMJ

I'd be getting onto council's environmental health department tomorrow. It's serious.

My mother once had a sewage blockage with sewage flooding the yard everywhere (in the public sewer not private) and the water/wastewater company was out within an hour clearing the blockage. She never knew it was considered an emergency until I told her. They spent quite a while clearing up spraying quite a few litres of disinfectant everywhere afterwards.

Fire_Fox

Agree write to the landlord using the address at which to serve notices, do this even if the landlord fixes the issue because this covers you if he claims you failed to report and the property was damaged because you did not behave in a tenant like manner. Keep copies of all your communicaton and proof of posting/ delivery. Also contact Environmental Health at the local council.

Mrs_Imp

TuesdaysChild wrote: »

...but I think both the Landlord and the Agent are taking the proverbial at this point.

Sounds like they're not taking it, but leaving you to clear it up instead

tbs624

Very good, Mrs Imp. Except that the OP only mentions "the waste pipe", which could possibly mean a pipe along which grey water from bath/sink/shower travels rather than one specifically containing lavvy waste?

The query re the lav I took to mean that the OP was worried that he may not have access to his lav for a period of time if extensive repair work to pipes in the bathroom was required. I may of course be wrong.

However, even if "only" grey water pipes that are the cause of the leak, its still unpleasant for the OP and LL needs to get on and get it fixed.

OP , as others have said, write to the LL , outlining what has been reported/agreed upon/suggested so far and ask him to resolve the matter within 5 working days. Suggest suitable access dates/times. Keep a copy.

As for being without lav access whilst pipes are being repaired, if it is just for a couple of days you could follow what festival goers do - google "travel john" "bog in a bag" and/or make use of local shops/pubs facilities if necessary. Obviously if it had to be for an extended period of time then LL should cough up for B&B for you.

If LL refuses to deal with the problem then contact the local Council EHO as suggested above. An inspection of the property under the HHSRS ( housing health and safety rating system) can be arranged. Most Councils will offer info sheets such as this one
from Colchester Council. LL can be served with a notice requiring certain work to be done.

Do however be aware of the likelihood of a retaliatory eviction process, at the earliest legal opportunity.

propertyman

Unless you have a disability, can I suggest that when they fix it, you secure your valuables and go out for the day.

Go and see some movies or visit friends or volunteer.

Failing that you may have to improvise, those days in the girl guides/boy scouts will be helpful after all

TuesdaysChild_3

Thanks for the suggestions re. loo access but I'm elderly and not in great health! That's why I'm so concerned about it.

Fire_Fox

In that case contact Environmental Health as already advised.