Landlord won't fix floorboards coming up in my kitchen what should I do?

cashmonger

The thing is I don't actually have a contract with him any more because the letting agency didn't contact me to renew like they usually do and since I am always afraid they will raise the rent on me when they do I havent contacted them about it either and just carried on paying monthly as usual. It has been nearly a year since it ran out.

Anyhow I say that since that is what has made me a bit afraid to 'rock the boat' since looking at other properties in my apartment block the rent is around 750 per month or more yet I am only paying 575 per month.

There was a leak in the kitchen which caused all the floorboards to warp. Someone came out and sealed the leak but the floorboards are so warped that they are coming up and they cause me to trip over them all the time as there is a big step in them where they have raised up.

The contractor came and did a valuation about 3 months ago (1-2 months after initially fixing the leak). I thought that work would commence soon after this but it has been another 3 months or so now and nothing.

When I contacted the letting agency they just told me the landlord is trying to get insurance to pay for it and that the insurance 'hadn't got back to him' so I am left waiting indefinitely.

That sounded like some kind of excuse because why couldnt he just pay for it then get insurance to pay for it after?

So what should I do? As I said I am afraid of being too obstinate since I don't even have a contract but the flooring is really bad so it needs fixing. Ie it isn't like a small issue that could easily be avoided.

Rain_Shadow

You do have a contract. You are on a rolling 'periodic' contract that automatically kicked in when your last fixed term finished.

pmlindyloo

Yes, you have a periodic contract (month to month).

Read this and then follow the procedure.

https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs

Pixie5740

As has already been said, you do have a valid, legally binding contract with the landlord. Once your fixed term ended you automatically started a periodic tenancy.

Write to your landlord at the address for the serving of notices asking for the floorboards to be repaired. If you don't receive a satisfactory answer then write again. If that still doesn't work you can complain to Environmental Health.

https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs

If you signed the last tenancy agreement after 1st October 2015 (which it sounds like) then you have some protection from retaliatory evictions arising from requesting repairs.

AdrianC

cashmonger wrote: »

When I contacted the letting agency they just told me the landlord is trying to get insurance to pay for it and that the insurance 'hadn't got back to him' so I am left waiting indefinitely.

That sounded like some kind of excuse because why couldnt he just pay for it then get insurance to pay for it after?

Quite probably his insurance wouldn't pay up if it'd already been done outside of the claim.

Your ultimate sanction is... move.

cashmonger

AdrianC wrote: »

Quite probably his insurance wouldn't pay up if it'd already been done outside of the claim.

Your ultimate sanction is... move.

What do you mean by already done outside of the claim? what claim and outside how? not aware of any time limits related to this situation.

EDIT:

Here is the last email I got from the estate agents who manage the property

Thank you for your email.

In relation to the flooring, the landlord has advised us that he is looking to proceed through the insurance company but has not been provided any further update since. My colleague has been speaking to the landlord recently and has advised he will be chasing them and will provide an update as soon as he is able to.

Kind Regards,

That was received on 11 Jan and no word since.

AdrianC

cashmonger wrote: »

What do you mean by already done outside of the claim? what claim and outside how?

Done by him, rather than done through the claim he's making from his insurance.

agrinnall

Is the flooring boards or laminate? I suspect the latter, as I have a similar problem in my kitechen (my house so it's for me to fix). While I wait to do it I have used strong duct tape to try to keep the laminate in place and reduce the tripping risk.

pmlindyloo

The insurance claim is not your problem. The landlord has a duty to repair the floorboards, especially since this seems to be a safety issue.

You need to take pictures of the damage and write (as well as telephoning) pointing this out.

The time that this has taken is not acceptable.

Please use the Shelter information and letter templates to start the ball rolling and keep all copies of letters and receipt of postage for any letters. it is very important that you document any communication that you use.

Telephone the agents today and point out this is a safety issue. Follow up the conversation with a letter documenting everything that was said.

You should have the landlord's contact details on your contract so copy all letters to the landlord (even if it is only an address c/o the agent)

Of course you already realise that this could mean that the landlord starts possession proceedings but that is a risk that you are going to have to take.

If you had an accident the landlord could be liable for paying you compensation but only if you could prove the disrepair - hence the need for proper documentation and pictures.

Please tell us the date of the original contract.

cashmonger

pmlindyloo wrote: »

The insurance claim is not your problem. The landlord has a duty to repair the floorboards, especially since this seems to be a safety issue.

You need to take pictures of the damage and write (as well as telephoning) pointing this out.

The time that this has taken is not acceptable.

Please use the Shelter information and letter templates to start the ball rolling and keep all copies of letters and receipt of postage for any letters. it is very important that you document any communication that you use.

Telephone the agents today and point out this is a safety issue. Follow up the conversation with a letter documenting everything that was said.

You should have the landlord's contact details on your contract so copy all letters to the landlord (even if it is only an address c/o the agent)

Of course you already realise that this could mean that the landlord starts possession proceedings but that is a risk that you are going to have to take.

If you had an accident the landlord could be liable for paying you compensation but only if you could prove the disrepair - hence the need for proper documentation and pictures.

Please tell us the date of the original contract.

Date of the original contract..you mean when it expired? It would be around june/july last year. I have lived here for around 5-6 years now though and have renewed on a yearly basis mostly.

There have been many pictures sent to them by both the guy who came to fix the leak but also there was an inspection made by the property managers who come every 6 months or so. The guy told me that the pictures 'go directly to the landlord' though I can make some for myself. Regarding correspondes I always do it by email for the reason you state of there being a record of what has been said.

So what should I say in my next email- do I need to make threats (I'm not good at that), how should I word it etc?

I was thinking if he is averse to spending money it probably isn't in his interest to want to throw me out since I have been a good tenant for this long and if he were to get a new tenant he would still need to fix the floor not to mention the fee to put it back on the market to let and also however many months of no rent he would lose.

cashmonger

agrinnall wrote: »

Is the flooring boards or laminate? I suspect the latter, as I have a similar problem in my kitechen (my house so it's for me to fix). While I wait to do it I have used strong duct tape to try to keep the laminate in place and reduce the tripping risk.

Yes it's laminate.