Reasonable compensation for water leak

britbat

I've been living in a property for a few months now. Since moving in I've regularly had water leaking from the roof through my ceiling. It happens whenever there's a storm, and it's a lot of water (a couple of pints went into the bucket last time).

The tenancy is managed by an agent. They are OK but the landlord is being extremely slow to act. I've made my dissatisfaction very clear and asked them to a) fix the problem ASAP and b) suggest a temporary reduction in rent by way of compensation.

The problem isn't just the water coming through the ceiling but the fact that when it does, it trips the electricity, which means I can't trust that I will return home to find the fridge-freezer still on. In this weather (the flat gets extremely warm) food is ruined within 12-18 hours if not sooner.

After six weeks with no action I'm beginning to fear that there will be no action any time soon - or I'll be fobbed off by the landlord's "roofing guy", which has already happened once. So my next step will be to insist upon a partial refund of rent.

What view would you take on how much I should be asking for in compensation? My view is that I'm currently paying £XXX for a property which is basically in a state of disrepair, and which the landlord has so far made no meaningful attempt to resolve; indeed, landlord has ignored the advice of the managing agent to fix the problem properly, and (I suspect) lied to me that their own contractor has resolved the problem.

Any advice gratefully received.

(PS: after over a decade of renting this has been my first experience with a corporate landlord - a charitable organisation, no less. My buy-to-let landlords have always been excellent at communication and quick to resolve problems. The professional landlord via managing agent route... not so great! :mad:)

anselld

Contact Environmental Health at the Council. These are serious safety issues which need to be fixed and the EHO has enforcement powers.

Compensation is not really the issue; you need to get action to get repairs done properly.

britbat

Thank you, I will explore that route. I am keen to get this resolved and the 'compensation' issue isn't my top priority. However... I am spending an awful lot of money on rent for a 'product' which is fundamentally faulty.

G_M

If food is ruined (and you can prove it) you can claim compensation. Likewise if the leak damages your possessions.

But rent reduction is at the LL's discretion ie a goodwill gesture if he feels so inclined. By all means ask, but do so diplomatically or you'll be up against a brick wall.

As for the repairs, as advised contact Environmental Health (or Private Tenancy Officer if your council can afford one), and/or follow Shelter advice:

Shelter (Repairs in private rented homes)

ps:

I've made my dissatisfaction very clear and asked them....

I trust you have done this by writing formally (yes, a letter) to the address provided for the purpose?

britbat

G_M wrote: »

If food is ruined (and you can prove it) you can claim compensation. Likewise if the leak damages your possessions.

But rent reduction is at the LL's discretion ie a goodwill gesture if he feels so inclined. By all means ask, but do so diplomatically or you'll be up against a brick wall.

As for the repairs, as advised contact Environmental Health (or Private Tenancy Officer if your council can afford one), and/or follow Shelter advice:

Shelter (Repairs in private rented homes)

ps:

I trust you have done this by writing formally (yes, a letter) to the address provided for the purpose?

Thank you. The amount of food ruined was thankfully minimal; it's the loss of ability to use the freezer to its full extent which is annoying; and the unpleasant inconvenience of emptying the hot fridge.

So far in terms of asking for compensation I have kept things informal and cordial. However based on that Shelter page I would seem to have grounds to claim recompense for inconvenience. Mopping up floods in middle of night in dark is inconvenient, as is emptying rotten food from fridge-freezer.

So far I have done so via email to the named person at the lettings agency, who manage the property. However if no movement on this soon I will be escalating to formal letter, copied to both agency and landlord. And will start to be a bit less cordial and a bit more businesslike.

G_M

I've been living in a property for a few months now. Since moving in I've regularly had water leaking from the roof through my ceiling.

britbat wrote: »

So far I have done so via email to the named person at the lettings agency, who manage the property. However if no movement on this soon I will be escalating to formal letter.

Incredible!

A formal letter is the first thing you do with a significant issue like a leaking roof (well, OK, maybe a polite phone call on Day one with a letter in the post the same/next day).

This has been going on for months and you have not yet properly reported it...... :huh:

britbat

G_M wrote: »

Incredible!

A formal letter is the first thing you do with a significant issue like a leaking roof (well, OK, maybe a polite phone call on Day one with a letter in the post the same/next day).

This has been going on for months and you have not yet properly reported it...... :huh:

I don't quite see it that way but after ten years of happy times with buy-to-let landlords I'm perhaps rather naive to the ways of the corporate landlords.

The agreed way for me to resolve problems such as these is via the agent who manage the property. This is in the tenancy agreement etc. So that's what I've done in the first instance.

Where it counts (ie court, though hopefully it doesn't come to that) I would hope that emails to the appropriate people would be regarded in equal standing to a letter sent through the post.

It's been going on for about two months, but is only an urgent problem when it rains hard.

Anyway it's now becoming clear that while the agents are professional and conscientious, the landlord is not. So yes, I will now be doing the formal letters etc.

But I truly don't think it's "incredible!" that I've been acting in accordance with my end of the tenancy agreement.....

G_M

By law (Landlord and Tenant Act 1987 section 48) you must be given an address (postal) in England or Wales for the serving of notices.

The law is there for a reason. Whatever other clauses the landlord may have inserted into the contract (which I cannot read and you have not quoted), that is the way to communicate formally regarding your tenancy.

There are several reasons
1) to ensure the landlord receives your communication
2) to protect yourself (by ensuring you have acted in a tenant-like manner)
3) to provide a court with clear evidence of notices, reports etc
4) to formalise comunication of significant reports and legal notices

I stress this, not so much for you, britbat, since you are now taking the required if overdue action, but for other tenants reading this.

Use the address your LL has to by law give you. By all means maintain relations with friendly phone calls about issues, text whatever - they are also speedy. But follow up with a letter. It does not have to be legalistic, or threatening. "Dear Mr LL, Just a quick note to confirm that as we discussed on the phone today, the room filled with smoke when I lit the fire. Thanks for promising to send the chimney sweep round next Tuesday. I'll let you know if there any problems. Yours, A Tenant"

If the LL later deducts from your deposit for smoke damage - you're covered
If the sweep fails to come & you have to chase, you have a record of the report
If there is a fire, you have proof your reported a problem.
If the LL is busy, forgets the phone call and forgets to ring the sweep, you've reminded him
If if if - whatever happens, you've acted properly.

It makes no difference if the LL is an amateur BTL owner, a corporate body, a little old lady or an unscrupulous money-grubber.

You have a contractual relationship with your landlord. He should act professionally towards you (yes yes, I know - not all LLs do) but you should act professionally in return.

Rant over!

britbat

G_M wrote: »

Rant over!

Thank you for the useful advice, and I do understand (and possess) the landlord's address for service of papers etc.

But what about my situation in which the property is managed by an agent? For the purposes of claims etc it is surely both reasonable and sufficient to contact the agent as instructed.

(Which I did not do "overdue": I was on the phone to the agent while the very first leak was taking place!)

I literally could not have informed them any sooner than I did. I have documentary evidence that I did so, and also that they properly discharged their duty in informing the landlord. You seem convinced I have been slow to act and inform. I most assuredly have not.

But if I have genuinely disadvantaged myself by contacting the agent - the person the landlord has paid to handle communications with tenants, and the person who my tenancy agreement instructs me to contact in the event of problems - then that will be useful information for the future.

And has huge implications for all other tenants on this board who live in properties which are managed by agents.

anselld

britbat wrote: »

And has huge implications for all other tenants on this board who live in properties which are managed by agents.

Most tenants on this board will have read the advice, time and time again, to report repair issues in writing at the address for serving notices. That is what it is there for, amongst other things such as giving notice to end tenancy.

Most will also realise that agents are fundamentally lazy and do not have the same interest in maintaining the property as the LL does. So even if the official address given for serving notice is care of the agency, any failure to repair would still be worth escalating quickly to the LL.

Another potential problem is that the LL can blame damage caused by the problem on the T if the T fails to report promptly, so hopefully you can indeed prove you reported promptly to the agent.

Anyway, I hope you get things fixed soon!

harrys_dad

Your contract is with the LL not the agent. The agent works for the LL and is not on your side. If push ever comes to shove the agent will always side with the LL which is why you need to make sure the LL has been informed in writing directly.