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LL and EA delay and refuse repairs

mahoney1975
mahoney1975 Posts: 25 Forumite
edited 15 February 2014 at 1:04AM in House buying, renting & selling
Hi,

I rented via a managing agent who cannot carry out a single repair sometimes for more than two-three months at a time. I am paying top rent so that I could have a modern flat (not)

There is a history of serious delays with their case, so this may not seem important but consider they have allowed leaky roofs and damaged windows to go on for months before.

I need some advice on a pretty annoying matter. A couple of months ago my gas hob, which is pretty advanced, stopped functioning. The spark system went dead. The EA first told me they were going to have the unit replaced and gave me a lighter. Weeks later they said it would delay because of Christmas. Then changed their story, said they needed to replace the entire unit but had to get permission from the LL because is was expensive. In the meantime no qualified person visited the property to inspect it.

In reality they kept dragging it on and on until the gas certificate inspection was due, at which point they came back supporting that the unit is "safe" and they will not be changing it because it is expensive and can still operate with a lighter. To add insult to the injury they supported other tenants of theirs had the same hob and the same problem who are now using a lighter.

This is outrageous considering that I rented the flat with a fully functioning modern hob. I haven't lit a hob with a lighter in ten years. My contract clearly states the LL is responsible for fixtures and fittings. The appliance is a fixture and failed due to it;s own component failure, so my understanding is that it should be restored or replaced with something equivalent. Whether the LL decided to fit a million pound appliance is their choice and I am paying the rent they have asked for which comes with this appliance.

As for other tenants of theirs I couldn't care less, we are certainly not on collective contract (sorry just steaming out....)

I know that some people may argue on more serious problems and believe me I've had enough with them. But from the contractual point of view and the fact that I am paying the same rent for renting the flat "as it was when I moved in" can they actually get away with this cr*p?
«13456

Comments

  • Yes, they can. The ignition failing is a minor latter and the hob can still be used. If the landlord is unwilling to have it repaired, and it doesn't suit, you can vote with your feet.
  • Yes, they can. The ignition failing is a minor latter and the hob can still be used. If the landlord is unwilling to have it repaired, and it doesn't suit, you can vote with your feet.

    Yes, I understand that it sounds trivial and it would be easy to walk away if I was not bound by a contract.

    But to look at this from a different perspective, the flat was advertised with modern X-brand appliances. To any reasonable person that is "you will be paying this rent so that you can have functioning" X-brand appliances. The defect could be minor but that brings the appliance to a fault situation.

    Tomorrow the EA may say, it doesn't matter your washing machine cannot wash at 60oC anymore because a heating element fails, it can do 45oC and we won't be replacing. Or one drawer of your freezer is not there anymore, you have to do with less room because you have another three we won't be changing it. On this basis I could argue more, e.g the property could have no plaster due to a repair, it is still warm and safe but aesthetically ugly.

    What I am trying to say is that by advertising standards and by contractual terms you rent a place for that desription and if something from fixtures and fittings is to be taken away or stop working as when you moved in, it should be somehow restored. For example they could replace it with a cheaper unit that functions properly.

    Don't you think it is ridiculous for a LL to say that I fitted these units but they are very expensive, so when they break down I will not be repairing them, they just look nice.
  • First world problems...

    Write a letter of complaint to the MD of the LA.

    But seriously? You will come across as very petty and a pain in the !!!!, and would probably make them less likely to help if something goes really wrong.

    There are people on here who've had a broken boiler for weeks - and your upset as the 'clicky' button on the hob is broken (which doesn't impair you using it in any way).
  • mrginge
    mrginge Posts: 4,843 Forumite
    Sounds like the LA has replaced the faulty device with an alternative.
    So what exactly have you lost?

    Why don't you write to the LA suggesting a reduction in rent because you now have to use a clicker instead of an in-built lighter.

    You can then sit back in the knowledge that the LA and LL will consider you to be a petty minded, troublesome tenant who should be evicted as soon as possible.
  • cattie
    cattie Posts: 8,844 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Calm down for goodness sake. Surely you have more important things going on in your life to concentrate energies on. Be thankful that you at least have the use of your hands to work a clicker. It's hardly hard work is it? Turn a knob, press the clicker & whoosh, it's lit. Now that isn't what you'd call difficult is it.?

    The flat wasn't rented to you on the basis that the oven & hob were self igniting, anymore that a provided television remote control would come complete with constantly fully functioning batteries. Sometimes you might have to get up & physically turn tv off or to another channel. Shock! Horror!

    It might seem ridiculous to you that the LL considers it not necessary to install a new hob, whereas in reality it is you that is being ridiculous in expecting that he should do it just because you've got yourself in a tizz over using a clicker.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • cattie wrote: »
    It might seem ridiculous to you that the LL considers it not necessary to install a new hob, whereas in reality it is you that is being ridiculous in expecting that he should do it just because you've got yourself in a tizz over using a clicker.

    A tizz? Calling the poster ridiculous without knowing the facts is the least to say insulting. And for your information I do have a problem with one arm if you must know.

    There is a long history with far more serious delayed repairs, leaks, windows, a boiler and discrepancies with legal paperwork. This is just the tip of the iceberg and the last straw. The post was simply assessing the EA's and LL's accountability to what was advertised abnd offered to me.

    Perhaps it is not evident from the posts above, the proposal to replace the unit was theirs not mine. They did not even consider bringing someone to look at the unit in case the problem is minor.

    I certainly don't plan to be macgyver with a gas appliance the LL is responsible to certify. And yes I don't see why I have to use a clicker, am I not paying the same rent? What kind of argument is this?
  • mrginge
    mrginge Posts: 4,843 Forumite
    So you disagree, fine.
    Your solution is therefore to follow the advice given on how to force repairs as given on the shelter website.

    Please follow this process.
    Two questions however, When is your fixed term ending?
    Do you want to stay beyond that date?
  • This is just the .............. last straw.

    Move then.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    While the hob can indeed still be used, it is not in proper working order. In addition there are safety risks in lighting it with a lighter.

    As such, if the tenancy agreement states that the landlord is responsible for such repairs, he must indeed carry it out.

    If correspondence has not been in writing so far, I would start by communicating in writing. Then get quotes, then do it myself and deduct from rent. (basically process explained on Shelter, etc)
  • This is what is written in the contract:

    "The Landlord’s Obligations

    (xi) To keep in repair and proper working order all mechanical and electrical items belonging to the Landlord and
    forming part of the Fixtures and Fittings, unless the lack of repair is due to the negligence or misuse of the Tenant, his family, or visitors."

    Contract is crystal clear and signed by both parties.
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