can I do this?

KimLouise17

Hi
Me, my partner and our children moved into our current rented property in feb 2010

When we moved in the garden was in a state, but we were assured it would be sorted.

After numerous phone calls to our landlord nothing has been sorted.

I was planning on writing him a letter asking for the garden to be sorted out in a reasonable amount of time, say 3 weeks, or even work to be started?

I plan to right that if it is not sorted (or started) in this time then, we would do the work ourselves, provide receipts and deduct the money from the rent.

Would this be acceptable??

Thanks in advance

Annisele

What sort of a state?

If it's dangerous, then you should follow the procedure in Shelter's guide to getting repairs done (that link is for England; if you're in Scotland/NI it doesn't apply).

If it just isn't very pretty, then you have no right to charge your LL for work done.

KimLouise17

Thanks for the reply,

At the moment it is unuseable, full of rubble, broken slabs and random bits of metal piping!!

dimbo61

Who said the garden would be sorted? Agent or landlord and have you got that in writing ?
Read the tenancy agreement ? are you responsible for the garden ?
You have been living in the property for over 3 years now feb 2010 - april 2013 and nothing has been done so far !!!!
Off to B&Q if you want it sorted I am afraid

G_M

KimLouise17 wrote: »

Hi
Me, my partner and our children moved into our current rented property in feb 2010
By implication you have accepted the garden as it is after all this time

When we moved in the garden was in a state, but we were assured it would be sorted.Assured in writing.....?

After numerous phone calls to our landlord nothing has been sorted.
Always report issues in writing at the correct address

I was planning on writing him a letter asking for the garden to be sorted out in a reasonable amount of time, say 3 weeks, or even work to be started?
This would have been a good corse of action in March 2010. Bitlate now!

I plan to right that if it is not sorted (or started) in this time then, we would do the work ourselves, provide receipts and deduct the money from the rent.

Would this be acceptable??
You will be in rent arrears.

Thanks in advance

There IS a process for doing work/repairs yourself and deducting from rent, but
a) it is a specific process which MUST be followed (see below)
b) it applies to essential works - which this is not

I'd suggest it is not even contractual, as any promise originally made (even if provable) has been outweighed by your implied acceptance of the status quo over 3 years.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/tenants_doing_repairs

Fire_Fox

If it is dangerous write and ask for it to be resolved, if that does not happen bring in Environmental Health at the local council. Does seem to have been an awfully long time you have left this tho.

KimLouise17

as i said in my first post,

in the last 36 months he has been away for roughly 12 of them, i mean out of the country, unable to get hold of

in the remaining 24 months i have asked him on average twice a month to sort it out to which he replied that he is waiting for his gardener to be free??

i have had enough of waiting now,
i was assured in writing by the letting agents but 7 months into the tenancy they quit the tenancy

G_M

KimLouise17 wrote: »

...,

in the last 36 months he has been away for roughly 12 of them, i mean out of the country, unable to get hold of
You could (should) have written to him at the address provided (in Eng/Wales). If you did not have such an address (eg because the agent no longer worked for the LL), then rent was not due. (Landlord and Tenant Act 1987 ).

in the remaining 24 months i have asked him on average twice a month
in writing at the address "for the serving of notices"?
to sort it out to which he replied that he is waiting for his gardener to be free??

i have had enough of waiting now,
i was assured in writing by the letting agents but 7 months into the tenancy they quit the tenancy

Include a copy of the agent's letter in your 'Step 1" letter as per Shelter advive.