Compensation/legal action advice needed

Amy_D

Hello; I'm sorry but this is a long one! Thank you in advance for your patience and any help you can offer.

I would like some advice on what legal action I might potentially take regarding the situation I'm currently in, which has had me turning down shifts at work (I'm on a night-shift flexi contract), missing sleep, and stressed to the point of becoming ill.

I moved in to a private rented flat (which is managed by an estate agent) in August this year, and have since had nothing but problems with it. The main issue I have had was that I had no heating, which I reported on the 26th August (6 days after getting my keys), then chased it up on 31st August as nothing had been done. It wasn't sorted out until the 4th October; a British Gas engineer had been sent out on 6th September, who said that there must be a leak somewhere in the water pipes, so Dynarod were called out. They in turn said there was a leak somewhere, but as it was the end of the day and they didn't have their equipment with them, they left, saying that they'd get in touch. Unfortunately that didn't happen, and I had to chase it up yet again, on 26th September (I thought they must have been sorting it out). I was told that British Gas had told the estate agent that they'd "be attending" to the issue on the 16th September and would provide a report - which never happened. The estate agent tried to book another British Gas engineer to attend, so I informed them (twice) that I needed a plumber, as the problem was with the water pipes. The estate agent then informed me that a contractor would be sent out on the 28th September, however after waiting in all day, it turned out that I'd been misinformed and that they'd given me the wrong date. Because I was at work the following days, I had to wait until the 4th October, when a plumber came out and found 2 leaks, one in the hot system and one in the cold. He had to pull up the floors to fix them, which has caused further problems. I was informed that at least one of the leaks was caused by the pipework not being insulated against the concrete flooring. After a couple of weeks, the boiler stopped working. It was repaired on 25th October, by a friendly British Gas engineer who told me that he had been in this property before, and had told the previous tenants IN FEBRUARY that there was a leak, and that they'd have to receive permission from the landlord to pull up the flooring, but apparently they never got back in touch and nothing was done about it. He also said that they'd mentioned they were moving out because of numerous problems with the property. To me, this suggests that the estate agent at least knew there was a problem with the heating, to have called out British Gas in February, but failed to chase it up. I doubt it was repaired and then burst again in the intervening summer months, as the leak was in exactly the same place the engineer told me it had been, there wasn't any apparent "failed" repair work or lifted flooring in the area, and I hadn't had any central heating from the moment I moved in. The leak on the hot water pipe also seems to have been going for quite a while as the plumbers remarked that the floor was rotting and soaked through.
A weak after the boiler was fixed, another part on it broke and my hot water went off completely. That has since been fixed as well, but I'm still waiting on the flooring to be repaired (it's patchy bare concrete in the kitchen, with bits on lino sticking up that I keep tripping and getting caught on).
There is now also a significant amount of mould growth in the bedroom due to heavy damp/condensation.

Ultimately, I believe I was rented a flat which was unsuitable to live in as it became freezing cold and damp, even midmorning but especially at night, and that the estate agents either knew about it in advance or just hadn't bothered to check up on the issue. I have since asked (twice) for a month's rent as compensation for the stress/illness caused and wages I had to turn down, either as a discount from my monthly rent or as a lump sum. However I have also noticed that my gas bill was much higher than I expected, which I believe was down to the faulty boiler which kept firing, first because of the leak and then because of a damaged heat exchanger followed by a damaged sensor.

I have been completely ignored both times I have asked. Is there anything else I can do? I believe it is a problem with the estate agent, rather than the landlord. I'd greatly appreciate any help you can provide.

ST1991

This is not an ideal situation given the cold weather!
It sounds as if the estate agent have been pretty good at getting engineers etc out to look at/fix the problem. (I've booked a gas engineer myself and it has been a few weeks wait until they have a time that they have free, and i can be home for)

Is the damp/condensation a direct problem of the boiler not working? Probably not, but given no heating it could be making existing damp problems worse.

In point to the previous tenants, it may be that they weren't bothered to contact the estate agent about the repairs needing to be done if they were moving out anyway, or if they didn't need central heating over the summer? It seems since you brought it up to the estate agents they have been willing to get the problem fixed.

I would suggest you try and find somewhere else to move. what notice do you have to give?
Or ask that the estate agent is present for any future engineer visits, whilst you are at work so you don't need to take the time off?

Anyway, sorry i didn't mean to counteract any of your points. Just looking at it from another point of view.
Either way... i would move out!

G_M

I'm gonna try and focus this a bit:

Amy_D wrote: »

I moved in to a private rented flat (which is managed by an estate agent) in August this year,
20/8/16 - ? length of tenancy?

* I had no heating, which I reported on the 26th August reported how?

* chased it up on 31st August how?

* It wasn't sorted out until the 4th October; yes but a lot of action before then

* a British Gas engineer had been sent out on 6th September, so pretty soon after reporting who said that there must be a leak somewhere in the water pipes, so Dynarod were called out.

* They in turn said there was a leak somewhere, date they came out? saying that they'd get in touch.

* I had to chase it up yet again, on 26th September - I was told that British Gas had told the estate agent that they'd "be attending" to the issue on the 16th September and would provide a report So BG let the agent down

* The estate agent then informed me that a contractor would be sent out on the 28th September, however after waiting in all day, it turned out that I'd been misinformed and that they'd given me the wrong date. unfortunate

* Because I was at work the following days, I had to wait until the 4th October, when a plumber came out and found 2 leaks, one in the hot system and one in the cold. so progress, but why not ask the agent to give the plumber access earlier?

* After a couple of weeks, the boiler stopped working. date? It was repaired on 25th October, how quickly?

* British Gas engineer who told me that he had been in this property before, and had told the previous tenants IN FEBRUARY that there was a leak, if landlord & agent were not told they could not be expected to act

* He also said that they'd mentioned they were moving out because of numerous problems with the property.3rd party hearsay - irrelevant

To me, this suggests that the estate agent at least knew there was a problem with the heating, to have called out British Gas in February, but failed to chase it up.Or thought BG had fixed it!

A weak after the boiler was fixed, another part on it broke and my hot water went off completely. That has since been fixed as well, how quickly? Dates?
but I'm still waiting on the flooring to be repaired

* There is now also a significant amount of mould growth in the bedroom due to heavy damp/condensation.

* Ultimately, I believe I was rented a flat which was unsuitable to live in as it became freezing cold and damp, even midmorning but especially at night, and that the estate agents either knew about it in advance or just hadn't bothered to check up on the issue.

* I have since asked (twice) for a month's rent as compensation asked who? How? for the stress/illness caused and wages I had to turn down, either as a discount from my monthly rent or as a lump sum. However I have also noticed that my gas bill was much higher than I expected, which I believe was down to the faulty boiler which kept firing, first because of the leak and then because of a damaged heat exchanger followed by a damaged sensor.

This is obviously a very unfortunate story. However

1) It does not seem the LL/agent ignored the issue. They DID send contractors round (British Gas, Dyorod, a plumber) and they did fix it. Yes it took time, but
* arranging appointments always takes a bit of time (esp if the tenant does not always permit access)
* mutiple contractors and a complex issue inevitably causes delays - whether to a tenanted or owner-occupied property

2) you have no way of knowing what happened in Feb
* it seems unlikely a LL would ignore a problem that causes his tenants to leave and causes ongoing damage to his property
* the engineer may have told the tenants of the problem - did he tell the LL? Who knows?
* the LL probobly thought the problem was fixed in Feb

3) you don't give dates for the other 2 breakdowns, though you say both were fixed. The LL seems to be responding to problems

4) you have clearly had inconvenience, suffered from cold etc:
* Did you request an alternative source of heating eg electric fires?
* did you do this in writing to the proper address? Did you always report the issues in writing to the proper address?
* did you request compensation (months rent etc) in writing to the proper address?

5) have you written to the LL in writing to the proper address summing up the poblems an listing the outstanding issues with the floor, and requesting a time-table for resolution?

6) if you are still unhappy with the property, you could request an Early Surrender, but this is at the LL's discretion. Or you could serve notice depending on your tenancy type.

Guest101

Amy_D wrote: »

Hello; I'm sorry but this is a long one! Thank you in advance for your patience and any help you can offer.

I would like some advice on what legal action I might potentially take regarding the situation I'm currently in, which has had me turning down shifts at work (I'm on a night-shift flexi contract), missing sleep, and stressed to the point of becoming ill.

I moved in to a private rented flat (which is managed by an estate agent) in August this year, and have since had nothing but problems with it. The main issue I have had was that I had no heating, which I reported on the 26th August (6 days after getting my keys), then chased it up on 31st August as nothing had been done. It wasn't sorted out until the 4th October; a British Gas engineer had been sent out on 6th September, who said that there must be a leak somewhere in the water pipes, so Dynarod were called out. They in turn said there was a leak somewhere, but as it was the end of the day and they didn't have their equipment with them, they left, saying that they'd get in touch. Unfortunately that didn't happen, and I had to chase it up yet again, on 26th September (I thought they must have been sorting it out). I was told that British Gas had told the estate agent that they'd "be attending" to the issue on the 16th September and would provide a report - which never happened. The estate agent tried to book another British Gas engineer to attend, so I informed them (twice) that I needed a plumber, as the problem was with the water pipes. The estate agent then informed me that a contractor would be sent out on the 28th September, however after waiting in all day, it turned out that I'd been misinformed and that they'd given me the wrong date. Because I was at work the following days, I had to wait until the 4th October, when a plumber came out and found 2 leaks, one in the hot system and one in the cold. He had to pull up the floors to fix them, which has caused further problems. I was informed that at least one of the leaks was caused by the pipework not being insulated against the concrete flooring. After a couple of weeks, the boiler stopped working. It was repaired on 25th October, by a friendly British Gas engineer who told me that he had been in this property before, and had told the previous tenants IN FEBRUARY that there was a leak, and that they'd have to receive permission from the landlord to pull up the flooring, but apparently they never got back in touch and nothing was done about it. He also said that they'd mentioned they were moving out because of numerous problems with the property. To me, this suggests that the estate agent at least knew there was a problem with the heating, to have called out British Gas in February, but failed to chase it up. I doubt it was repaired and then burst again in the intervening summer months, as the leak was in exactly the same place the engineer told me it had been, there wasn't any apparent "failed" repair work or lifted flooring in the area, and I hadn't had any central heating from the moment I moved in. The leak on the hot water pipe also seems to have been going for quite a while as the plumbers remarked that the floor was rotting and soaked through.
A weak after the boiler was fixed, another part on it broke and my hot water went off completely. That has since been fixed as well, but I'm still waiting on the flooring to be repaired (it's patchy bare concrete in the kitchen, with bits on lino sticking up that I keep tripping and getting caught on).
There is now also a significant amount of mould growth in the bedroom due to heavy damp/condensation.

Ultimately, I believe I was rented a flat which was unsuitable to live in as it became freezing cold and damp, even midmorning but especially at night, and that the estate agents either knew about it in advance or just hadn't bothered to check up on the issue. I have since asked (twice) for a month's rent as compensation for the stress/illness caused and wages I had to turn down, either as a discount from my monthly rent or as a lump sum. However I have also noticed that my gas bill was much higher than I expected, which I believe was down to the faulty boiler which kept firing, first because of the leak and then because of a damaged heat exchanger followed by a damaged sensor.

I have been completely ignored both times I have asked. Is there anything else I can do? I believe it is a problem with the estate agent, rather than the landlord. I'd greatly appreciate any help you can provide.

You have zero contract with the agent, so let's forget about that.


You have a contract with the Landlord and that is to whom you need to address these points

Amy_D

Okidoke, hopefully I won't miss anything here:

I have a 12 month contract, which I'm now almost 4 months in to.

The reason I don't allow people in to the flat without my being there is because I have a house cat, who I don't want to get out (landlord and estate agent all knew about this before I signed the contract). I'm also working night shift so having people come round to the property during the day has been difficult to arrange.

I initially reported issues through the estate agent assigned to deal with issues I might be having with my property, then started reporting the issues through an online reporting system that she advised me to use. As for the compensation request, I emailed it to both the estate agent managing the property and the person who had been working on the maintenance problems. I believe this was passed on to her supervisor, as he is the one who replied to the email, however non of them even mentioned potential compensation.

I have a list of e-mails with dates, as well as a list of reported problems on the website they use, but I will have to list them later.

My main problem with this whole mess, other than how long it has taken (and I understand that there have been issues and hold ups that aren't the estate agent's fault) is that they seem to have rented me a flat with pre-existing problems, which could have been spotted and fixed in advance of my moving in the property. As it is managed, they do an inventory of items, check the gas and electric meters as far as I'm aware, should check that everthing works as it should. The point I was making about the previous tenants was that the estate agent, even if they THOUGHT the issue had been fixed, they clearly didn't CHECK that it had, leading to me having a home with no heating for the first month and a bit of my tenancy.

G_M

As Guest says, your contract is with the landlord.

The law requires the landlord to give you an address in England/Wales for serving notices on him. (Landlord and Tenant Act 1987 S48)

So this is where you should send all your ormal letters. By all means copy the agent in as well, but for any formal correspondance, use the correct address ie

* reporting issues
* complaints
* request for compensation
* legal action
etc

Your other points I've already responded to above.

Amy_D

Ok, that makes sense. Thank you all for your help

FBaby

My main problem with this whole mess, other than how long it has taken (and I understand that there have been issues and hold ups that aren't the estate agent's fault) is that they seem to have rented me a flat with pre-existing problems

You've highlighted your issue: there SEEM to be. Seem is not evidence, nor is hearsay. Unless you can prove it, how do you expect to use this to support any case, especially when they'll be able to say that you contributed to the delay. They could easily say that if you were so badly affected by it, you would have stayed up on the first day they suggested coming. By asking them to come another day, you undermine the urgency of the situation on your own.

Move on and make the best of it until you can look for another place.

agrinnall

Amy_D wrote: »

I'm also working night shift so having people come round to the property during the day has been difficult to arrange.

Actually I think it makes it easier, you just have to be prepared to be woken up when they arrive. It's much more difficult to have people in during the day if you are at work and not present.

Amy_D

FBaby, in case you hadn't realised I've already agreed with previous posts regarding the "SEEMING" part, and while I understand your view that I "undermined the urgency of the situation", my belief is that they should have sorted the problems before I moved in. I chased it up regularly and told them when I would be available for someone to come out, and I wasn't prepared to accept times/days which would ultimately impact my health and productivity at work. To me, that seems fair. Which brings me to agrinnall's point. Maybe it's easier for YOU, but it isn't for me. If I'd been at work, I could have arranged for someone to be in the flat in my place. Your post contributes nothing to this thread.

agrinnall

Amy_D wrote: »

Which brings me to agrinnall's point. Maybe it's easier for YOU, but it isn't for me. If I'd been at work, I could have arranged for someone to be in the flat in my place. Your post contributes nothing to this thread.

Well, I think a reasonable person would disagree with you, but if you don't want to resolve the issue it's your call.