Flooding courtyard

NittyJane

I am privately renting.

The original house shape was link detached via joind garages. South wall- my sitting room. East wall - garage with door into garage . Northwall - dividing fence to next door. West - no wall.
My landlord built a conservtry to the west right up to the dividing wall, so there is now a West wall.
There is a small courtyard now, blocked in on all four sides.

There is no drainage in ths courtyard ( originally, any water would have flowed out westwards. )

In heavy rain the courtyard floods. I have to physically bail out the water to stop it going into the garage and conservatry. The garage has previously flooded, ruining stuff i had stored in there. I still use the garage as a store-room, but have positioned stuff more carefully in case of water coming in. I cannot use the garage for my car because it is too small for my car, and it is useful for my gardening stuff , weight lifting weights and bikes.

I have put sandbags against the garage door as it is lower than the conservatry. But I am worried that the water might rise enough to go into the conservatry. I am also hacked off with the whole situation of bailing the courtyard because my landlord didn;t put in drainage when he built the conservatry. The EA on the landlords instruction has told me to use sandbags on the garage door because he doesnt think the water will rise high enough to go into the conservatry.

Is there any legal way of getting him to fix the drainage problem? I do not think he cares about my stuff in the garage because it is my stuff, not his.

G_M

I suspect this would fall under the Landlord & Tenant Act 1985 section 11:

11 Repairing obligations in short leases.

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Section 10 may also apply:

10 Fitness for human habitation.

In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

• repair,
• stability,
• freedom from damp,
• internal arrangement,
• natural lighting,
• ventilation,
• water supply,
• drainage and sanitary conveniences,
• facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

However I suspect the issues are not sufficient to meet this test.

You may also have a case for a civil action for damage to your posessions. Not, I suspect, in the garage, since a garage is not intended for the use of possessions (other than a car), but in the conservatory?

The Private Tenancy Officer, or Environment Agency, at the local council may assist.

Have you properly reported the issues, in writing, to the LL, at the address provided 'for serving notices', requesting a date for a solution?

See also:

Shelter (Repairs in private rented homes)

NittyJane

Thank you for all this information. I will definatly look at all this. I hope something can be done.

My landlord is not good at getting any big repairs done. Small things he can do will be done ( not well done ). Big jobs he has to pay for dont get done or take a long time. I am not holding my breath with this. This is why I was hoping for some legal backup that would make him do something.

[Deleted User]

But also be aware that LL may decide to get rid of the problem (tenant) and issue a S21.., depending on whether you are in your fixed period or not.

Not saying don't ask for compensation, it sounds like a nightmare.., but be aware of the possibility.

NittyJane

Yes, this has crossed my mind. Also hiking up the rent.

I will look for more advice from Shelter as recommended.

PasturesNew

Not your problem, but he makes it your problem if he gives you an S21 or is just grumpy with you because you mentioned it.

Are you the physical sort? ...gym equipment suggests yes..... could you consider taking up all the edge patio slabs (assuming they're loose and not concreted down), digging a 2' hole and filling it with gravel?

If you can do that, then I'd go down the lines of pricing it all up, writing that down.... then writing to the LL to get permission. The point of writing it down is so that IF he says "Good idea, I'll pay for the gravel if you let me know how much", then you can hand the costing straight over to him so you're more likely to get a reimbursement.