problems with drains on rented property

dantek

The proprty we rent has a major problem with the main drains.

In the 2 and a half years we have lived here the drains have blocked around once every 3 months.
Each time the plumber comes out and rods them.
After around the 4th time they blocked they put a camera down and the drains have collapsed. They said the whole drive needed digging up and it replacing.
They was due to come around new year just gone, but we are still waiting. The drains have blocked around 4 times since then and they just rod them out.
We have been on at the agency but get no where.
Finally we are fed up and have given notice.

My question is, do we have any rights to complain about this when they sort the deposit out? I have read in the tenancy agreement that the landlord has a duty to ensure the drains etc are ok. By just clearing them and not repairing them, is that sufficient?
We have had to put up with sewage spilling out onto the paths, and a foul smell in the house (mainly kitchen) when they block (sometimes we can smell drains even when they arent blocked)

I have been told this agency is a stickler for claiming as much deposit off tenants as possible, so I am wondering if we can do likewise.

Thanks

grifferz

No, you have no opportunity to claim any expenses or compensation I am afraid.

The normal route to sort this out during your tenancy is as follows:

• Write to landlord's correspondence address, giving a reasonable deadline to hear back from them
• Follow up asking for a date by which it will be fixed, if this is not supplied within the deadline
• If still getting nowhere, report to the Environmental Health department of your local authority
• EH will come out and inspect. They will order the landlord to complete any necessary works.
• If the EH judges there is a severe risk to health then they will declare your property uninhabitable until the landlord completes the works. During this time as long as you continue to pay rent, your landlord must provide you with accommodation that is at least as good as the rented property. This could be in a hotel.

If you have already given notice then it is unlikely that any of that will get set into motion before you leave.

You may wish to report it to EH anyway as that probably won't take you more than a couple of minutes and may help the next tenant out, as the fact that the drains are busted may not be evident on viewing, or landlord may have simply paid for another quick bodge job to clear them again.

Werdnal

You could speak the the EHO at your local council, and see if they will take on the case and enforce repairs. Sewage pollution is a health hazard, so they should be able to act.

However, if your landlord cannot be bothered to do it, or takes offense at you reporting him, he may issue you notice in return.

Have you contacted the LL direct, in writing, to report this? EHO will probably ask for proof you have reported in the correct manner, and given the LL plenty of time to rectify it.

dantek

We have given up and given notice.
We are fed up with the landlord not doing any repairs.

How do we stand if whilst we are in our months notice someone views, can we tell them or do we have to be asked?

grifferz

dantek wrote: »

How do we stand if whilst we are in our months notice someone views, can we tell them or do we have to be asked?

You do not need to allow viewings while you're there.

If you do allow them then it's up to you what you do and say during them as long as it's legal to do in your own home.

Feel free to walk around stark naked and complain loudly about the drains at the same time if you like.

Fraise

dantek wrote: »

The proprty we rent has a major problem with the main drains.

In the 2 and a half years we have lived here the drains have blocked around once every 3 months.
Each time the plumber comes out and rods them.
After around the 4th time they blocked they put a camera down and the drains have collapsed. They said the whole drive needed digging up and it replacing.
They was due to come around new year just gone, but we are still waiting. The drains have blocked around 4 times since then and they just rod them out.
We have been on at the agency but get no where.
Finally we are fed up and have given notice.

My question is, do we have any rights to complain about this when they sort the deposit out? I have read in the tenancy agreement that the landlord has a duty to ensure the drains etc are ok. By just clearing them and not repairing them, is that sufficient?
We have had to put up with sewage spilling out onto the paths, and a foul smell in the house (mainly kitchen) when they block (sometimes we can smell drains even when they arent blocked)

I have been told this agency is a stickler for claiming as much deposit off tenants as possible, so I am wondering if we can do likewise.

Thanks

I'm a bit confused. When you leave your rented house you will get your deposit back as normal, providing all is okay, so are you asking if you can ask your landlord for compensation too?

dantek

we wont get our full deposit back and we have been warned by a few that they will take as much as they can get away with, so I wanted something to fight back with.

terryw

I assume that your deposit is in a scheme.

Make sure that you have given valid notice.

Take photographs of the property when you leave which will assist if there is any dispute.

anselld

dantek wrote: »

we wont get our full deposit back and we have been warned by a few that they will take as much as they can get away with, so I wanted something to fight back with.

Completely irrelevant to the deposit unless the LL try to make deductions for the coat of drain clearance.