Rent abatement ???

annie_cardiff

I am having a nightmare with letting agent / landlord with a list of repairs that needed doing since moving in 8 weeks ago. I have not been able to let dog in garden due to fencing down, no cooker for 6 days, then it was professionally cleaned now the thermostat is gone so no oven for a week again, no washing machine for a month no fridge for 11 days then the loo leaked and had to turn water off for 36 hrs so no heating,loo,washing facilities all this over 8 weeks. I wish I could leave but tied in for 12 months with no break clause.:mad: Could I claim a percentage of rent back with abatement due to disrepair ??

Pixie5740

You'll need to check your tenancy agreement to say what it says with regards to repairs. It's possible that whilst the LL has supplied the washing machine and fridge that the TA makes you responsible for any repairs. Same for the garden fence.

Under some circumstances it is possible to withhold rent and pay for the repairs yourself but there's a process to follow first otherwise any withheld rent will just be seen as rent arrears. See Shelter's guide for REPAIRS IN A PRIVATE RENTED HOME.

G_M

I doubt it.

annie_cardiff wrote: »

...I have not been able to let dog in garden due to fencing down,
* Landlord has a duty to repair the structure of the building - I don't believe this would extend to a fence.
* if you can argue that a secure fence was part of the contract you might have a case - did you discuss the dog, and need for a secure fence, when/before signing the contract?
* what condition was the fence in when you viewed and moved in? Did it collapse after the start of the tenancy? If it was down before, was a promise made to repair it?

no cooker for 6 days, then it was professionally cleaned
Not sure what 'no cooker means'? You mean there was not one, or it was not working? If none, how did the non-existant cooker get cleaned? If not working, good news that the LL has apparantly repaired it (though the relevance of cleaning escapes me).

now the thermostat is gone so no oven for a week again,
But now repaired? Sounds like your LL is repairing each problem as it arises. Good.

no washing machine for a month
as above. Missing, or broken? If missing, was a w/machine part of the contract? On the inventory?
If broken, what does the contract say about repairing obligations? Statutory repairing obligations on the LL cover the structure, and cooker, but not washing machine
no fridge for 11 days
see washing machine above
then the loo leaked and had to turn water off for 36 hrs so no heating,loo,washing facilities
What was the sequence of events and timing?
* when did you report?
* when did plumber come?
* was it fixed at first visit?
* if not, why not?
* when did plumber return?

all this over 8 weeks. I wish I could leave but tied in for 12 months with no break clause.:mad: Could I claim a percentage of rent back with abatement due to disrepair ??

Although I sympathise with the problems and disruption, it does appear that each issue has been resolved by the landlord.

I cannot comment on timescales and whether they were 'reasonable' without greater detail.

I also cannot comment on whether the LL resolved them because he had to under the contract, or out of the goodness of his heart because he did not have to.

annie_cardiff

Thanks for the reply, the fence was down prior to my moving and they were I had a dog and it was promised to be repaired asap. The oven (LL property) was in such a disgusting state it could not be safely used as covered in an inch of burned on grease /food and mouldy. The LL said it needed cleaning and it was professionally done after 6 days, now 7 weeks later the thermostat has gone and it has to be replaced (contractor confirmed), The fridge was not working when I moved in (obviously not checked by agent) so that had to be replaced also, waited 12 days without being able to store chilled food/milk etc. As this needed doing I was told the LL had financial problems so fence was on hold but would be fixed at the start of March . The agent sent another contractor last week to quote (this had also been done in January ) no repair date as yet. The dog has full access to neighbours garden so cannot go out unattended or off a leash.I reported the leak first thing Monday morning and the plumber came today ,all fixed now . Yes the problems are being fixed but most of these should have been sorted out at inventory stage prior to any tenant moving in, how it got passed as fit is beyond me , and please believe me when I say it was absolutely filthy ,condoms in cupboards, rabbit droppings behind furniture , guttering is still hanging from roof (yes that was due for repair the first week also ) I could go on but I think you have a general idea of conditions .

G_M

Sorry, I got as far as the 2nd line and gave up exhausted. I need a deep breath.....

annie_cardiff

G_M wrote: »

Sorry, I got as far as the 2nd line and gave up exhausted. I need a deep breath.....

Now you know how I feel

Pixie5740

As filthy as the property sounds there's no legal requirement for the place to be clean at the start of your tenancy. To be honest, if I viewed a property to rent and there were used condoms, rabbit droppings and a mouldy over I'd had said thanks but no thanks.

The LL didn't have to have the oven professionally cleaned, the landlord doesn't have to replace the fridge but he is, the landlord doesn't have to fix the fence but he is, so really I don't think you've got a leg to stand on in terms of withholding rent. You could certainly ask for a rent reduction and if the LL agrees (doubtful since he is getting the issues sorted out even though he doesn't legally have to and is facing financial difficulties) make sure you get it in WRITING.