Letting agent doesn't seem to care about leak?

rolandka

Hi all,

I would like to get some help regarding an issue with the flat I rent.
I have been renting a 2 bedroom flat (2nd floor) through a well known letting agent since Oct 2013.
In June, a huge water mark appeared on the bedroom ceiling. As soon as we noticed I let the agent know and spoke with the tenants upstairs. A plumber came and found no problem. I have to mention that the layout of the flat above us is exactly the same as ours, so there are nowhere near any waterpipe.

The mark started to dry and it soon faded away. It could have done with some repainting but it was alright.

In September, we arrived back from our holiday and noticed that excessive mould had developed on the mark and it was again soaking wet. Obviously we closed windows before going on holiday and there were no ventillation in the flat. We took some pictures and sent them straight to the agency.

I am allergic to mould ( have active asthma ) and I had to clean it ASAP as it was right about our bed. A 5*5cm area was too loose and could not take the process and fall down.

We contacted the tenants upstairs and they called a plumber again to check. He found nothing again and they said that the water is not coming from their flat.

I was able to look into the small hole with a flashlight and I think they are right.... it is not coming from their flat.
I think this could be a structure or design issue flat or block. There were small dripstones formed above the plasterboard and it has been dripping for a while but we always had the windows open.

We have been emailing back and forth with the agency but nothing really has happened yet. There were two plumbers coming to check the hole since then. The first plumber came and said that is not a plumbing job. After that, the agency said that it is an insurance claim. The insurance company sent a plumber and then they said that it is nothing to do with them as it is not an issue with the flat.

My partner and I have been sleeping in the living room since the mould appeared and could not really use our master bedroom. This has been almost one and a half month. It is still dripping, I have to keep a bucket underneath it and keep cleaning the mark weekly from the mould.

I have to use my inhalermore often during the night as I'm experiencing slight breathing difficulty. Our wardrobe is still in the bedroom and we keep our clothes there.

I wrote them a formal letter stating that I shall seek legal help etc... but I have not received a proper response and neither seen any action.

They also increased our rent from this October and we signed another year before the issue happend (September)

I am not sure what to do now and whom to report the letting agent. This has became a Health and Safety issue, so I think the council might be able to help? Shall I contact the owner that the agent has been not taking proper action causing more damage to his flat? Shall I look for a solicitor?

All they wanted to do is to change our contract to periodic tenancy agreement? I do have the normal contract for the year 2014/2015, so I dont get it. Have they done that so they can throw me out easier? Should I sign that?

I definitely want to receive a compensation, it is taking too long and I could have rented a studio for less price....

Thanks for all the help in advance,
R.

G_M

rolandka wrote: »

Hi all,


I am not sure what to do now and whom to report the letting agent. This has became a Health and Safety issue, so I think the council might be able to help? Shall I contact the owner that the agent has been not taking proper action causing more damage to his flat? Shall I look for a solicitor?

R.

Why on earth have you not reported this matter to the landlord.

He owns the flat. It is his investment. It is him you have a contract with!

And he employs the agent so if the agent is cr*p he should be told!

* Call him if you have a number (and then follow up with a letter).
* write to him at the address given to you "for the serving of notices". This may be his actual address, or c/o the agent, but you must write there. That's why the law says such an address must be provided!
* if you also happen to know his actual address (and it's different to the one "for the serving of notices" then send a copy there.

Or use S1 of the Landlord & Tenant Act 1985 to ask the agent to provide the LL's actual address.

Environmental Health at the council can help with the issue - but bear in mind they have thin resources!

Focus on getting the repair done rather than compensation (what financial loss have you suffered). It should be done in a reasonable timeframe, but of course the clock really starts ticking from when you properly report the problem at the address provided.....

theartfullodger

Your contract is with the landlord not the agent. The agent simply signs on his behalf.

Write (yes. WRITE! -keep copies) to landlord. If he won't fix ask council environmental health for a HHSRS survey.

Cheers!

[Deleted User]

Remember you care about the condition of the property you rent so much more than a LL or LA. To them, its just a money producing number amongst other numbers.

They've done the basics, sent a plumber round but when that hasn't produced a solution, they just shrug and think, 'done what we needed to do to cover our rears, end of'. Its not right, but it often is what happens. You might be able to escalate their reaction if you contact environmental health in your area, but in my situation environmental health just wrote a letter to the LL, didn't even inspect, and it made my situation worse rather than better.

If you are still under a fixed period AST, they can't make you sign a periodic tenancy agreement (you should be able to just go over to a periodic tenancy at the end of the fixed period if you wanted to). However, if you want out (and I would in your situation if I knew I could find somewhere else to live) then it means rather than having to stay until September 2015, you could just give a months notice and leave then. However rather than getting you to sign a new periodic tenancy .. I don't understand why they aren't just agreeing to an early surrender. Possibly getting more fees this way? It all sounds like the LA don't really know what the legalities of the situation are.

G_M

deannatrois wrote: »

Remember you care about the condition of the property you rent so much more than a LL or LA. To them, its just a money producing number amongst other numbers.

Though this might be true in some cases it is generally not.

I care a lot about maintaining the condition of my property, both

* so the tenants are happy and stay long term and
* so the value of my investment is maintained

Some tenants (thankfully a minoriy) don't care a hoot, and will not report problems (resulting in further damage eg from a leaking roof) or cause damage themselves.

EAs, of course, have different priorities, which is why tenants should always report problems

* formally (this protects themselves too)
* to the landlord
* using the correct address

rolandka

Hello there,

I would like to thank all of you for the quick response. I will contact the Landlord as soon as I get home from work. This is the first flat I rent in my life so I am a bit inexperienced. I just hoped that the agent deals with such an issues as they receive good money after all.

I take proper care of the flat and I love living here even though I am currently sleeping in the living room.

I might look like a greedy person asking for compensation. I do understand that fixing a problem like this could take 1-2 even 3 weeks including all the paperwork and the finding the person who is responsible.

One thing I know, that I am not responsible and it is causing trouble. I know it is a bad luck, but it is just taking too long.

I have not suffered any financial loss yet. I signed the contract for an other year meaning that I might have spent the money already that should have covered the costs of moving. Even if I have the money, you can see my point here.

It is a loss of use coverage of the flat, I am not getting what I am paying for and it affects my health too, not speaking about the all the hassle it causes.

I am a flexible person and my priority is to solve the problem as soon as possible. It is better for everyone. But I feel that the agent does not show proper respect and it just annoys me.

I did have and still have have other issues with them.
I have been requested a window handle to open the window when I moved in. Nothing happened...
We supposed to move into an unfurnished flat ( it was advertised as unfurnished ), but it was full of furnitures and it took them 2 months to put them away.

Thanks for the help again


Regards,
R.