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What is my liabiility - Rental Property?
[Deleted User]
Posts: 7,323 Forumite
I have a rental property with an AST that ends in September. I have had problems with the LL carrying out repairs, the laminate floor is bowed and cracked due to bad fititng (no gaps around the walls) but he refused to replace it when I moved in. Obviously it is worse now. The boiler stopped working last year, a temporary repair was made with the wrong circuit board (meaning that the water temp doesn't show anymore) but it is working. Corgi registered repairman said it needed replacing but of course no mention of that.
When I reported a broken front door window pane (drunken neighbours), the landlord refused to repair it or even board it up. We had police reports that the damage wasn't due to anything we had done. When I tried to insist (not in a shrill way) he sent me a text giving me a months notice within minutes. Managed to calm that situation down but ended up chasing the LL of the neighbours myself to get her to pay for the repair (I couldn't).
This is just the short version of the repair problems there have been since I moved in! I am used to living in a place that is falling apart, I repair what I can (like I replaced the bathroom soon after moving in - it was mouldy and I just couldn't use it as it was, LL refused to do anything as usual)). BTW I stay here because I am in receipt of HA.., a LL who will accept HA is very very rare. I have little choice. If I could have moved I would have done.
Since then I have been scared to death to report any repairs. We went without hot water for weeks til I phoned it in. He, however, did sent the corgi registered repairman within a couple of days, it was 'fixed' within a couple of weeks.
So on to the next thing. Since the heavy rains, there have been leaks in the kitchen. Initially a window frame seemed to be the problem, so I applied sealant. This didn't work. I checked the guttering which was weed free. This is an extension (badly done) on the back of a terraced house. There is mould on the outside walls and water now comes in freely. There seems to be water coming in on another outside wall too. I should have reported the repair but didn't. Was replacing the blind in my older son's room and saw that the stuff that you use on a shed roof has completely disintegrated. I just didn't think to look earlier. It must be a recent thing because it was fine last time I cleaned my son's windows. Blindingly obvious a mistake (lots of stuff going on, the leaks were just another thing out of many to deal with).
So now I've made a bad situation worse by not reporting it. What do I do if the LL says I have to pay for the repairs (I can't, not at all) or do them myself (he could normally get away with this as my ex has done things like putting a false ceiling in my son's bedroom and insulated it so it was warm enough to sleep in, LL refused to do anything again). But my ex moved out some months ago on very bad terms so that's a no go situation.
What do I do? And what do I do if the LL takes his normal attitude of making any excuse to not do a repair (like its my fault for not reporting it). He did know there were roof problems because I've had to call him in for a different part of the extension (this part is tiled) to sort out a leak 18 months ago). But then, so did I.
When I reported a broken front door window pane (drunken neighbours), the landlord refused to repair it or even board it up. We had police reports that the damage wasn't due to anything we had done. When I tried to insist (not in a shrill way) he sent me a text giving me a months notice within minutes. Managed to calm that situation down but ended up chasing the LL of the neighbours myself to get her to pay for the repair (I couldn't).
This is just the short version of the repair problems there have been since I moved in! I am used to living in a place that is falling apart, I repair what I can (like I replaced the bathroom soon after moving in - it was mouldy and I just couldn't use it as it was, LL refused to do anything as usual)). BTW I stay here because I am in receipt of HA.., a LL who will accept HA is very very rare. I have little choice. If I could have moved I would have done.
Since then I have been scared to death to report any repairs. We went without hot water for weeks til I phoned it in. He, however, did sent the corgi registered repairman within a couple of days, it was 'fixed' within a couple of weeks.
So on to the next thing. Since the heavy rains, there have been leaks in the kitchen. Initially a window frame seemed to be the problem, so I applied sealant. This didn't work. I checked the guttering which was weed free. This is an extension (badly done) on the back of a terraced house. There is mould on the outside walls and water now comes in freely. There seems to be water coming in on another outside wall too. I should have reported the repair but didn't. Was replacing the blind in my older son's room and saw that the stuff that you use on a shed roof has completely disintegrated. I just didn't think to look earlier. It must be a recent thing because it was fine last time I cleaned my son's windows. Blindingly obvious a mistake (lots of stuff going on, the leaks were just another thing out of many to deal with).
So now I've made a bad situation worse by not reporting it. What do I do if the LL says I have to pay for the repairs (I can't, not at all) or do them myself (he could normally get away with this as my ex has done things like putting a false ceiling in my son's bedroom and insulated it so it was warm enough to sleep in, LL refused to do anything again). But my ex moved out some months ago on very bad terms so that's a no go situation.
What do I do? And what do I do if the LL takes his normal attitude of making any excuse to not do a repair (like its my fault for not reporting it). He did know there were roof problems because I've had to call him in for a different part of the extension (this part is tiled) to sort out a leak 18 months ago). But then, so did I.
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Comments
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You should always report all poblems in writing, by letter, to the landlord at the address provided "for the serving of notices". This does 2 things:
1) makes the LL aware formally so he can repair, and/or you can enforce repair
2) cover yourself so you are not later blamed for the damge or problems.
If repairs are serious (health issues etc) you can report them to Environmental Health (or the Private Tenancy Officer) at the council.
Or follow Shelter advice on repairs here.
Longer term - I would start looking for a new home for September, hopefully with a better landlord.0 -
Report everything in writing.
Keep records of all your communications.
Ring environmental health.
Look for somewhere else to live.
Ensure he has a void period when you move out.0 -
Very grateful for the replies, but am I liable because of the delay in reporting the repair?0
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Do the right thing as avised:
1) Write
2) if no repair arranged by LL, follow Shelter advise/call EH
3) if any claim made by LL for you to pay, ignore (but come back here with update)0 -
Putting it off is not going to help with that problem.
I believe that you have to behave in a reasonable manner and report things promptly (Especially if they affect the fabric of the building).
You could just write and advise him of the issue now and not bring up the sealant/repair thing and see what he says. He might not even query the lateness in reporting it to him.
He could say that you have damaged the building further by not reporting it to him promptly but he would have to prove this. It would be hard for him to quantify how much worse it had got by your inaction. It doesn't sound like he'll do much anyway but you should get it in writing (if only for when you have to get environmental health involved or deduct rent to get repairs done - do not you should follow the shelter procedure to cover yourself).
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0 -
LL had a roof repair duo come round as its likely he now wants to sell the property. Apparently there is another roof under the one you can see.., both are completely rotten (the ply boards). Both of the duo said the damage has been going on for years. So hopefully that removes my liability. Will have to carefully take some pics in case LL tries to charge me.0
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[QUOTE=deannatrois;66179206__Both_of_the_duo_said_the_damage_has_been_going_on_for_years._So_hopefully_that_removes_my_liability.__Will_have_to_carefully_take_some_pics_in_case_LL_tries_to_charge_me.[/QUOTE]
And if you can get the duo to give you something in writing (hard) so much the better.
In any future dispute, you saying "but X & Y said blah blah" and him saying "No they didn't" becomes much easier if you can prove it....
Alternatively, if they are sympathetic, get their address/contact number, so you can go back to them if there's a dispute (but don't bother if they are the LL's mates.....)0 -
Not reporting the repair promptly can give you a liability, yes. But it is likely to only be for extra damage, not the whole repair of the root problem.
What I would do in your situation is report it in writing ASAP. And report it as if it happened recently. Plus link it to pre-existing problems you may have already reported, if you can.
With any luck, your landlord is so rubbish he won't do anything. So by the time you come to move out the delay and any extra damage appears to be his fault.0
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