Tenant Maintenance Rights

lolly_88

Just wanted to know what my rights with regards to repair and maintenance.
The place that I rent is a prefab, or park home if you will. They never normally rent but they made an exception for myself and my partner as we both have good stable jobs. The place is very old and if we hadn't turned up wanting to move in- they would get rid of it and put a new one here to buy.
Due to the age- there is quite a lot that needs doing to it. We chose to overlook this when we moved in due to not being sure how long we were going to stay and we were also desperate for somewhere to live. Have been here a year now and want some things done- eg- bath needs replacing- windows need re-sealing, we get a lot of damp in the back bedroom. Normally I wouldn't have a problem asking for maintenance and repairs but i'm afraid incase they say we are causing too much fuss and they will just kick us out and build a new place to sell.

What are my rights and what are your opinions?

Thanks

Laura

G_M

Assuming you have an AST your rights are two-fold:

1) contract. What does it say in your tenancy agreement?

2) statute: Landlord & Tenant Act 1985

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.

It must also be fit for human habitation:

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.

Fire_Fox

It's worth running an advanced search, repairing obligations and damp come up several times a week. Have you written to the landlord and politely reported the issues? Do you know what type of damp you have, is i condensation, a leak or penetrating damp? Try using an electric dehumidifier, stop air drying laundry indoors (if you do), keep the bathroom door closed and window open during and after showering.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions

lolly_88

Thanks.

Yes it's damp due to the way it is built- poor guttering so rain water just hangs around. I think I do just need to write about the damp after looking at the habitation section.

How does it stand with cosmetic improvements/repair- ie the bath panel?

Fire_Fox

lolly_88 wrote: »

Thanks.

Yes it's damp due to the way it is built- poor guttering so rain water just hangs around. I think I do just need to write about the damp after looking at the habitation section.

How does it stand with cosmetic improvements/repair- ie the bath panel?

Pick your battles, you will have a nightmare trying to get the landlord to do cosmetic improvements. Focus on those listed by G_M, report everything to the landlord, if no action consider asking Environmental Health at the local council to inspect.

What is wrong with the bath and the windows?

Annisele

Are you still in the fixed term of your contract?

If not, then your landlord can give you notice that he wants you to leave, and he can do that for no reason at all. You'd generally get at least two months notice - and you wouldn't have to leave the instant the notice expired - but ultimately the landlord would be able to apply to court to get you out.

Why do you say you're "afraid" the landlord will kick you out? If it's because the rent you're paying is lower than comparable rents for other local properties, then I think you'll likely have to live with cosmetic issues like the bath panel. If the rent isn't significantly cheaper than other properties, you might well be better off moving to one of those.