Waiting since March for terrace repairs

Kolokial

Hi Folks,

I'm currently living in a flat which is above some shops, and with this flat comes a nice sized terrace that is perfectly situated for the Sunshine during the day.

Unfortunately, around the beginning of March I came home to a letter on the outside of my window (facing the terrace) basically saying that the terrace is unstable and I shouldn't walk out there. The paving slabs had also been lifted up and were nowhere to be seen. It turns out the shop below me had suffered a leak, and it was apparently due to how the terrace was originally built. Either way, not my problem.

At first I was furious at the thought that someone had entered my home without my permission however after a number of emails and phone calls, I was informed by the manager of the shop below me that the sign was put there by the workmen that his property managers had arranged, and that they entered by using a ladder to climb up and over the terrace bannister. While not exactly ideal, still better than unauthorised entry.

So I informed my property managers(DPMs) of the situation and asked how long it would take, I was advised they would come back to me.

A month passed with no response. I contacted them once more, and waited a week, with no response. I then spoke to the shop manager once more who gave me contact details for the people(CPM) who organised the work. I was able to speak to this person who advised me that he's been unable to get in contact with my property managers and as such wants to finish the work once and for all.

So, I sent him the property managers details so both parties could begin a dialogue. That was in the middle of May.

I've spoken to my property managers several times since and it's always a case of "we're waiting on hearing back from another company".

I initially suggested a retrospective refund, to which they flatly said no. As recent as this week I outright directly said that I will be gathering quotes at the end of the month if I have heard nothing in regards to repairs and then deducting the amount from the following months rent. The property manager did not sound happy and told me I "couldn't do that", but couldn't elaborate on details(is it in my contract? Is it against a housing act? Is it plain illegal?).

So I've tried to be patient (4 months by the end of June!) but now I feel like they are taking the mick.

DPM = Domestic Property Managers (The people who manage my flat)
CPM = Commercial Property Managers (The people who manage the shops below me)

Note that the two property management companies above are not the same company, nor do they seem to communicate.

So, do you lovely people have any suggestions on how I can poke/prod/be annoying enough for them to get this sorted? I realise I'm playing a dangerous game as they could just serve me notice and that would be it, but at this point I'm really not bothered. If they do, then I'm not sure I'd want to be their tenant. That said, I really do like my flat and so don't want to leave unnecessarily.

AnotherJoe

I dont see the logic in deducting whatever it would cost to repair the terrace from your rent (even if that was the correct thing to do). The issue for you is, your loss of that facility, whose value is not related to its maintenance cost.

Lets say you decide that its worth (say) 20% of your rent. Well thats what you should deduct then. Otherwise, if it cost £5 to repair it, on your logic you should only deduct £5 or if would cost a million pounds to repair it, then either your rent is nothing or even they should pay you a million pounds?

Bottom line is, you can either propose an amicable settlement "looks like this is not going to be fixed any time soon and for loss of this facility I propose a drop in rent of £50 a month backdated to the start of the issue" or failing agreement that you should probably leave if this really annoys you as there's effectively nothing you can do about it. You might wish to politely remind them what a good tenant you've been, how you've always paid on time, how they would lose money with a void period were you to leave.

From what I've read you are on sticky ground if you start deducting money from the rent and you should expect to get into a problem with them deducting the non paid rent from your returned deposit when you leave.

cattie

Threatening to deduct money from the rent is ridiculous, this course of action is going to lead to you being evicted & no new landlord will be interested in a tenant who run up arrears by withholding rent.

As a tenant it isn't up to you to be chasing getting the work done, it is the freeholder of the building or leaseholder of the flat & it appears they have a managing agent, DPM in place to manage the property & although things might be moving too slow for you, you just need to let them handle things in their own way.

camptownraces

The flat roof "terrace" is part of the structure of the building, and thus it is under control of the freeholder of the building.

It's quite like that it was originally just a flat roof, and later on somebody (who live in your flat) thought it would be a good idea to put paving slabs down.

However, things are not that simple, and conversion of a flat roof to a roof terrace (a) requires planning permission, (b) must meet building regulations, and (c) requires an alteration to the leasehold arrangements of both shop and flat, so that the "demise" of your flat includes this roof terrace.

It's quite likely fallen at stage (a), planning permission, or if not that (b) building regulations which may include reinforcement of the commercial premises' ceiling and the roof joists, and cost your landlord a lot of money, or even (c) if the leaseholder of the commercial premises will not consent for the his lease to be altered, and his premises to be invaded for the benefit of the flat above.

Personally, I wouldn't hold out much hope that you will get your roof terrace this summer.

Out of interest,
(1) how did you access this space - do you have proper french windows or a patio door?
(2) did the advertisement for the flat specifically mention the roof terrace, or does your lease mention it?

Kolokial

AnotherJoe wrote: »

I dont see the logic in deducting whatever it would cost to repair the terrace from your rent (even if that was the correct thing to do). The issue for you is, your loss of that facility, whose value is not related to its maintenance cost.

You're right AnotherJoe, admittedly it was a suggestion from a friend and I said it out of frustration at the time, something I am regretting right now.

Thing is, I've suggested a drop in rent in the form of a retrospective refund and it was dismissed.

cattie wrote: »

Threatening to deduct money from the rent is ridiculous, this course of action is going to lead to you being evicted & no new landlord will be interested in a tenant who run up arrears by withholding rent.

Absolutely agree Cattie, it was stupid of me to suggest it in the first place.

cattie wrote: »

... you just need to let them handle things in their own way.

I have been, but it just seems like nothing is taking place...Like I said, been waiting since March and I like to think I'm a patient person but it's getting on to almost 4 months now, where do I draw the line? Do I let my entire tenancy run out before taking action, by then what's the point? More so what is the point in me choosing to rent this place based on it having a terrace, if I can't even use it?

camptownraces wrote: »

Out of interest,
(1) how did you access this space - do you have proper french windows or a patio door?
(2) did the advertisement for the flat specifically mention the roof terrace, or does your lease mention it?

The terrace is definitely apart of the original build because my neighbours are on the same one, and if it wasn't then it would make more sense to put my window on the edge rather than building it into a recess.

1. 6ft (ish) French doors.
2. It's mentioned in the advertisement, but the lease looks like some generic agreement.

The DPM people have never been to this property and they've managed it for over 5 years, they have no idea about the physical layout or even the surrounding area. They rely on a local letting agent to find them a tenant and sign the contract, then they take over in terms of 'managing' the property.