Tenant's Rights in a Repair Dispute

joujou

Hello,

I would like to understand a bit more about our rights in this potential dispute.

Facts:
1) We have been renting this flat for a number of years from an estate agency - the owner is a private landlord, but all of our contracts are with the agency.
2) Our flat got flooded in December because the neighbours left their tap running. Damage to the walls painting, carpets, etc.
3) After a couple of weeks, some of the painting has been done but some of the redone work has already torn off.
4) Up to now the carpet has not been replaced.

While I understand that insurance can delay these repairs, I believe the agency has been dragging their heels all along and were not proactive in getting this sorted. We basically had to nag them every week to get them to do the quotes, get the neighbours to admit fault, talk to the insurance company, throughout this we were the ones driving this and moving it forward.

I think ~ 5 months is simply an unacceptable delay.

5) A more recent developement is the appearance of mold under several areas in the bathroom. This has been worrying as we think my wife and my child are possibly developing respiratory problems because of it.

6) Throughout all of this we have been paying our rent on time.

7) What broke the camels back is that a representative of the agency visited the flat recently without giving a 24 hour notice. They noticed that the flat is a little unkept (unhoovered for a week, dishes not made), but made no note of the aformentioned problems.

I am seeking what our rights are in this situation. I believe that we are possibly due a lower rent (or not rent at all) because of the insanitary carpet that has been kept for so long.

I would like to compel the agency to act on this mess and move the repairs forward as quickly as possible.

Thoughts?

olly300

Deal with the landlord directly not the agency.

My experience with these matters is the landlord is always horrified when they see that their asset has been left to be destroyed by the agents they employ.

You should be able to get the landlord's details from the agency if you don't already have them.

Someone should come along shortly but there are ways you can demand the address of the landlord from the agency if you haven't got it.

Your aim is to get the landlord to visit your property in person so you need to be flexible in letting them do this.

bryanb

Your contract is actually with the landlord, you should have been given his/her contact address. You could make direct contact if the agency are dragging their heels.

joujou

The landlord is very hands off - they are actually overseas and would possibly be of little help personally, except to possibly force the agency to act. He's certainly paying them a commission.

olly300

joujou wrote: »

The landlord is very hands off - they are actually overseas and would possibly be of little help personally, except to possibly force the agency to act. He's certainly paying them a commission.

1. Get the postal address.

2. Take pictures particularly of the mould

3. Send them with a short letter explaining the impact on the property to the landlord, and request that they let you out of the contract due to the effect the property's condition is having on your health.

The landlord will not want a void especially if their property is in a state of disrepair.

princeofpounds

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

Read that link, it will basically outline your rights.

You need to get writing very assertive letters to the landlord. Partly to complain and get things moving, partly to establish a paper record (you do NOT want to be blamed for delays, that is why records of communication are important).

One route is to threaten to carry out the repairs yourself and deduct from future rent. The procedure is strict, but it often produces a response without having to actually go through with it. Obviously most feasible if you have a float of money and time remaining on the tenancy to reclaim it. I've done it before. Details at the link.

Given that mould has appeared, you have the option also of going to environmental health. Again, the merest hint of an inspection also has a tendency to get things moving.

You must report the mould and continuing degradationg in writing, it covers your own back.

Fire_Fox

joujou wrote: »

Hello,

I would like to understand a bit more about our rights in this potential dispute.

Facts:
1) We have been renting this flat for a number of years from an estate agency - the owner is a private landlord, but all of our contracts are with the agency.
2) Our flat got flooded in December because the neighbours left their tap running. Damage to the walls painting, carpets, etc.
3) After a couple of weeks, some of the painting has been done but some of the redone work has already torn off.
4) Up to now the carpet has not been replaced.

While I understand that insurance can delay these repairs, I believe the agency has been dragging their heels all along and were not proactive in getting this sorted. We basically had to nag them every week to get them to do the quotes, get the neighbours to admit fault, talk to the insurance company, throughout this we were the ones driving this and moving it forward.

I think ~ 5 months is simply an unacceptable delay.

5) A more recent developement is the appearance of mold under several areas in the bathroom. This has been worrying as we think my wife and my child are possibly developing respiratory problems because of it.

6) Throughout all of this we have been paying our rent on time.

7) What broke the camels back is that a representative of the agency visited the flat recently without giving a 24 hour notice. They noticed that the flat is a little unkept (unhoovered for a week, dishes not made), but made no note of the aformentioned problems.

I am seeking what our rights are in this situation. I believe that we are possibly due a lower rent (or not rent at all) because of the insanitary carpet that has been kept for so long.

I would like to compel the agency to act on this mess and move the repairs forward as quickly as possible.

Thoughts?

It's impossible to have a landlord but be renting from someone else, your landlord is the person you are letting from. It's most likely you are renting VIA the agency not FROM them, in which case your legal contract is with the leaseholder/ landlord. Agent can sign a contract and act on behalf of the leaseholder, that does not make them your landlord.

In that scenario the party liable for the repairs is the leaseholder/ your landlord so this is whom you should be writing to, use the address at which to serve notices on your tenancy agreement. This can be care of the agency, still address the letter to the landlord themselves, or write to the agency requesting an address in this country for your landlord.
http://england.shelter.org.uk/get_advice/downloads_and_tools/sample_letters?SQ_DESIGN_NAME=print
http://www.landlordzone.co.uk/landlord's_address.htm

You need to keep paying your rent or you will be in breach of your contract. If your letter to the landlord gets no action contact Environmental Health at the local council regarding the mould and damp and health issues. They have the power to enforce repairs on your landlord, or advise you to do the repairs yourself from the rent or even deem the place uninhabitable and compel the landlord to rehouse you or release you from the contract.

Understand that the agency will have no money of their own to do these repairs, it's all down to the leaseholder/ landlord to agree and to fund them. The landlord does not have the option to be hands off, the buck stops with them. The 'commission' paid will cover day to day management like collecting rent and possibly inspections, it does not cover repairs and maintenance you have completely misunderstood how this works and who is liable.