Landlord Ignoring Request for Repairs

Fire_Fox

tbs624 wrote: »

What address is provided on your tenancy agreement, under s48 of the LLand T Act 1987, for the service of notices relating to the property?

You may want to consider paying a 3 quid fee to the HMLR to obtain the LLs name and the address they have for him/her.

It is possible that the LL does not know that the LA is giving you the run around.

This. You write to the landlord not the agency, you might use the agency's address as a 'care of' if that is what your AST says for the serving of notices. The agency only have to supply an address if the request is in writing.
http://www.landlordzone.co.uk/landlord's_address.htm

G_M

page23 wrote: »

Everything I've read so far says that my landlord can just evict me since I have a Shorthold Tenancy Agreement.

1) It's an Assured Shorthold Tenancy Agreement for (starting 8 May 2012 - 8 May 2013)

so you cannot be evicted until at the earliest, 8 May 2013. Even then it will take further time to evict you.

Unless your tenancy agreement has a 'Break clause'. Get it out and read it. Sometimes (not always) a 12 month tenancy has a break clause at 6 months.

If it's his and it came with the rental, he absolutely DOES have an obligation to fix it since it's part of the fittings that came with the house and what you are paying for!

This is NOT correct. The Landlord & Tenant Act 1985 is clear:

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.

This can be over-ridden by the contract eg if the contract specifically states that the landlord is responsible for repair of the oven. Does it?

I've requested the office post address as well so I can send them a recorded letter. I forgot to ask for the surname though! doh!

WHAT DOES YOUR TENANCY AGREEMENT SAY?
* It must give the name of the landlord
* it must give an address "for the serving of notices". Without this address YOU DO NOT HAVE TO PAY RENT. See Landlord and Tenant Act 1987

48 Notification by landlord of address for service of notices.
(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent or service charge otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

You really need to get out your tenancy agreement and read it if you want any advice here to be meaningful/helpful.

ShrewsfanIC

Hi

Yes, this is scarily similar to my situation, tho I beat you in terms of how long I've not had mine for!!

I hope you have more luck than me... shame some people on here aren't very polite... I was told this was the best place for help and advice, but some people seem a bit short

page23

The tenancy agreement is vague, hence asking the questions here.

This is what it says (I just c/p'd anything with repair or damage in it):
The tenant agrees with the Landlord:
(3.5) To keep the interior of the Property and the Contents in good and clean condition and complete repair (damage by accidental fire and reasonable wear and tear excepted) and to keep the Property at all times well and sufficiently aired and warmed during the tenancy
(3.10) That the Landlord or any person authorised by the Landlord may at reasonable times of the day on giving 24 hours’ notice (unless in the case of an emergency) enter the Property for the purpose of viewing, inspecting its condition and state of repair or for the purpose of repair or repainting
(3.25) To notify the Landlord immediately of any damage or leak in the Property and to take all reasonable action to minimise any further damage that may be caused to the Property as a result thereof


This is what it says in reference to the landlord - no name, just:
Acorn Properties (Mountview Road) Limited of 16 Finchley Road, St John’s Wood, London NW8 6EB

It's the same address that the Agency (Marcus Cooper Group) gave me as their address.

page23

maybe not short, but keen to help.

I'm quite a noob, so I expect people to have a little impatience if they've been doing this a while. The most any of us can do is be as open as possible so others can get help easily.

Fire_Fox

Your landlord might be the company Acorn Properties, having a handyman responsible for your building might back that up. It would be worth downloading the land registry entry (£3) to clarify: then write to your landlord.

There is nothing in the tenancy agreement about appliances? If not the landlord does not have to repair them, but if you can get them to agree in writing ... even if you don't believe they will actually get around to it you have more leverage.

The regulars mostly get impatient when we ask the same questions several times without an answer, or say the same thing several times before the person starting the thread agrees to do it. That is not a pop at you personally Page23 that is a general comment.

page23

Fire_Fox wrote: »

There is nothing in the tenancy agreement about appliances? If not the landlord does not have to repair them, but if you can get them to agree in writing ... even if you don't believe they will actually get around to it you have more leverage.

They've agreed over phone, but like I said, they're ignoring my emails. I'll try to track down a name. I've got all kinds of first names (Jade, Edward, Philip, Elane) just no surnames. This way I can send a letter.

I think it's important to note that under no circumstance am I going to take legal action. I can't afford it, can't take the time off work, and I'm expat (which unfortunately means I'm subject to a little prejudice in these types of situations - sad, but true).

Basically, l want to know all I can threaten to do to get them to fix it immediately, and failing that, if I can get out of my rental agreement early because they are half-wits and I don't have a break clause.

Fire_Fox

You cannot get out of the tenancy agreement because of the appliances. Nobody has suggested you take legal action, please read the thread and the Shelter guidance carefully.

page23

I've called and no one answered the office phone number, so I've written yet another email to try to get their names.

Here's what I wrote:
"Hello Edward,

Thank you for speaking with me yesterday. I do realise it's quite annoying to have me calling every few days, but I'm absolutely desperate for a working oven and a proper toilet seat to sit on. I've been having chats with a few forum posters regarding this and they've suggested that I send you a physical letter by recorded mail. May I please have your surname, or the first and surname of my landlord so I can post it today?

Also, any news from Mark or Terry about what happened on Saturday? When I spoke to Jade last week, she mentioned that the appointment to fix the issues was logged in the diary, but as I said yesterday, I was only away from the flat for about an hour and a half and didn't see anyone come by. They may have come by in that 1.5 hours though, but nothing was fixed.

Any light on these would be much appreciated."

page23

Fire_Fox wrote: »

You cannot get out of the tenancy agreement because of the appliances.

bah! just wishful thinking...

Fire_Fox wrote: »

Nobody has suggested you take legal action, please read the thread and the Shelter guidance carefully.

This is what I'm reading from Shelter - england dot shelter dot org dot uk - get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/landlord_refusing_to_do_repairs (newbies can't post with links)

It says legal action is a last resort, so it may not by suggested directly, but it is here. I just want to make sure that we are all in agreement that I do everything I can to get the landlord to pay for/do the repairs, but as far as the legal action goes... I'm out. I'd rather pay for the repairs myself.