Help! Landlord problems!

ShrewsfanIC

Hi all, I'm new here but was told this place is full of the only experts that are worth knowing!

I currently rent privately, furnished on an assured shorthold. The tenancy is for 6 months and commenced on 1st September 2012.

Ill cut a long story short and use bullet points

1) The oven hasn't worked properly since I moved in, but was initially intermittent. When I reported it on the 28th September it hadn't been working at all for several days.

2) The washing machine broke on the 28th September (the catalyst for me reporting both items)

3) Landlord arranged for washing machine to be fixed which happened on 4th October

4) The landlord text me on the saturday telling me he was coming over within the half hour for the oven manual and if i wasn't in, he would let himself in. Fortunately I got the message and let my housemate (who was ill) know

5) 8th October landlord tells me he has taken out warranty on oven and can't claim for first 30 days.

6) 3rd november landlord calls to say he will pop round to collect warranty letters from our property. I said we would be in all day. He then text to say he couldn't come but would come the day after - asked when i was in

7) I replied to say someone would be in until 11 and then again after 4pm, and to let me know.

8) I get home early on the 4th november to find the landlord leaving the building. He tells me he was in the area and let himself in to get the letter

9) Emailed landlord on 9th november to ask him if he had arranged anything re the oven - offered to make myself available on 12th as I was off work

10) 9th November washing machine breaks again, same problem so I email landlord to make him aware of this too.

11) Landlord replies and says he will arrange repair or if it cant be fixed, he will replace with a new one. He says it will be done within the week

12) Landlord texts me on the 12th november to say he has taken out warranty on the washing machine and that he can't claim on this for another 7 days.

13) Oven repair doesnt happen this week as they are awaiting a part

14) Landlord phones on 16th November and I make it clear the situation isn't good enough.

Sorry to go on, but this is getting silly now and I need to know what I can do. He hasn't offered any help or compensation and I am no closer to getting the oven fixed than I was when I first reported it.

Happy to answer further questions etc, but its just beyond a joke now

Fire_Fox

I am sure flattery will get you everywhere with our resident professional landlords when they log in!

OK so two issues, firstly the repairs to the appliances and secondly disregard for your right of quiet enjoyment. Try to limit text communication, IMO it is not very professional of your landlord and from your point of view is little use as evidence if you need to take legal action. Write letters or send e-mails at a push, phone calls for anything urgent but follow that up in writing and keep a copy.

Check your tenancy agreement to see who is responsible for appliance repairs, it is good that he *seems* to be accepting liability at this point. There are template letters on Shelter if you hunt about
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/furniture_and_equipment
http://www.lboro.ac.uk/service/studentsupportcentre/housing/repairsandpoorcond.html#electricalrepairs

You have the right to quiet enjoyment and the landlord cannot just let himself in without proper notice, your permission or in an emergency. Easiest way to stop the landlord invbading your home unannounced is to change the barrel of the lock.
http://www.landlordzone.co.uk/harassment.htm
http://www.landlordzone.co.uk/legal/tenancies-residential/access-for-repairs.htm

ShrewsfanIC

Thanks for this - I've had advice from 2 landlords to write to him and withhold rent if I need to. However this seems contrary to advice I read everywhere else.

Hopefully others can offer some further advice on where I stand with this and what I can/should do

anselld

idcormack wrote: »

Thanks for this - I've had advice from 2 landlords to write to him and withhold rent if I need to. However this seems contrary to advice I read everywhere else.

Hopefully others can offer some further advice on where I stand with this and what I can/should do

FF advice is correct. You should put your concerns in writing.
Do not withhold rent unless you want to risk eviction and lose and remaining goodwill with the LL.
LL sounds inept and is probably committing insurance fraud on his warranty policies, but in the grand scheme of things these are not major issues (safety, etc) and is sounds like they will be fixed ( eventally).

Fire_Fox

idcormack wrote: »

Thanks for this - I've had advice from 2 landlords to write to him and withhold rent if I need to. However this seems contrary to advice I read everywhere else.

Hopefully others can offer some further advice on where I stand with this and what I can/should do

Do not withhold rent unless you have assured yourself the landlord is responsible for the repairs (see your AST), you have followed strict protocol (start with a letter), AND you intend to use the money to do the repairs yourself. Generally withholding rent puts the tenant in breach of contract and should only be done for urgent/ essential repairs on the recommendation of an entity like Environmental Health or Shelter.

ShrewsfanIC

Thanks

He's done it again today. Text me this morning asking if I was in as he needed to get some information (Hes had 10 days!). When I said I was at work but in at 4.30, he said he would go and let himself in

Need help urgently

Fire_Fox

idcormack wrote: »

Thanks

He's done it again today. Text me this morning asking if I was in as he needed to get some information (Hes had 10 days!). When I said I was at work but in at 4.30, he said he would go and let himself in

Need help urgently

As I said ...

Fire_Fox wrote: »

You have the right to quiet enjoyment and the landlord cannot just let himself in without proper notice, your permission or in an emergency. Easiest way to stop the landlord invading your home unannounced is to change the barrel of the lock.
http://www.landlordzone.co.uk/harassment.htm
http://www.landlordzone.co.uk/legal/tenancies-residential/access-for-repairs.htm

G_M

Fire Fox has given you good advice. I would add:

it is good that he *seems* to be accepting liability at this point.

I beleive by his actions he has legally acknowledged responsibility for the repairs even if the tenancy agreement does not make him liable.

Re 'quiet enjoyment' and stopping him let himself in unexpectedly
1) write tell him not to - this is important as he does have some rights to enter (eg for repairs) so you MUST put your own objections/conditions for entry into writing
2) change the lock - keep the old barrel to replace when you leave

Re repairs
1) WRITE. Always. And keep copies. So write now just as you have here, summing up everything AND asking for the repairs without delay, at a time to be agreed between you
2) Do NOT withold rent .... yet
3) read the Shelter guide on how to get repairs done yourself and deduct cost from rent here

Sarah715

I think changing the lock barrel will just make the situation worse, and could cause tension between you and your landlord. However if he is going to keep letting himself in this is invading your privacy. You say you've made it clear the situation isn't good enough but have you said you don't feel comfortable with him letting himself in when the house is empty? If he persists in invading your privacy then further action will definitely be needed. I hope you manage to get this situation sorted as it sounds very frustrating!