What are my legal options on renting a bad property

Steelsmasher

Hi, I'm a new tenant renting a flat on a 6 month fixed term contract. In my first week I've reported many issues to the agency including the handle to the front door slipping off, lights not installed in 2 rooms, gas prepayment meter not working, radiator dials not installed, clogged shower drain and both outdoor gas/electric cupboards not closing properly. I was willing to be patient while they fixed these issues but the tipping point came when I turned on the hob for an electric cooker and it tripped the mains supply. I could see sparks and smoke flying, so had the pot I was using had a metal handle not a rubber one I would have received a nasty shock.

So now I am stuck for at least 4 days without a cooker and no way to pay for my gas. I asked the agency for an electrical installation report from the past 5 years but they said they are not required to have one. As far as I'm aware though, the previous tenants were a couple and a child which counts as an HMO property? So I believe they should have one.

Quite frankly I would like to terminate my contract, but the agency is refusing to do so. What are my options legally on this? Or do I have to wait till they sort the issues out?

G_M

No it's not an HMO, "a couple and a child" constitutes one household.

And no an electrical report is not required.

But yes, the LL is obligated to maintain the electrics in a safe condition.

Have you reported each issue properly? In writing, to the landlord, at the address provided 'for serving notices' (with a writtten copy to the agent)?

I would also be contacting the LL/agent immediatel saying that if an electician does not attend over the weekend (a) to check for safety and ) to fix the cooker) then on Monday you will be contacting Environmental Health to ask them to check for Health ad Safety risks in the property.

Have you been given a currentt gas safety report? That IS a legal requirement. But even if the answer is yes I would be asking for a gas engineer, and a plumber. By all means use phone, text, email, carrier pigeon, but also then send a letter.

The LL also has a duty to provide cooking facilities. see the Landlord & Tenant Act 1985 Ss 8 & 10.

See also

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

You can end the tenancy agreement if the landlord agrees. But to do so unilaterally, eg via repudiatory breach of a contract is difficult - as a first step you'd need a report by EH. see :

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Steelsmasher

Most communication was over the phone to the agency. I couldn't write to the landlord because I don't have their contact details. However I did write an email with a summary of outstanding issues to the agency the day after the cooker incident with a request for an electrical installation report. I said that if the issue was not sorted during the weekend I would contact the council, but this was also over the phone. I'll be writing the letter.

Yes I've been given a gas safety report so wouldn't that void a case for a gas engineer? And should the electrician be checking the cooker only or the whole property for safety?

Thanks, for the quick response.

dancing_star

The landlord's contact details (address) might be on your lease contract? Worth having a look if you haven't already.

00ec25

Steelsmasher wrote: »

Yes I've been given a gas safety report so wouldn't that void a case for a gas engineer? And should the electrician be checking the cooker only or the whole property for safety?

as GM stated, there is no legal requirement for an electrician to check anything.

your rights as tenant are to contact the LL (in writing) and request repairs. It is up to the LL if such repairs are done or not.

if they are not, then you can follow the rules regarding escalating repairs issues. the rules differ between England, Wales, Scotland and N Ireland. Where are you?

G_M

Steelsmasher wrote: »

Most communication was over the phone to the agency.
WRITE WRITE WRITE

I couldn't write to the landlord because I don't have their contact details.
By law, ( Landlord and Tenant Act 1987 S48) you must be given, in writing, an address for serving notices on the landlord. This is usually included in the tenancy agreement. Note that it might be 'c/o the agency' but that does not matter - it is the official address to use when writing to the LL. Use it. And send a copy to the agent (even if it's the same address!).


However I did write an email with a summary of outstanding issues to the agency the day after the cooker incident with a request for an electrical installation report. I said that if the issue was not sorted during the weekend I would contact the council, but this was also over the phone. I'll be writing the letter.
well done.
* if you have an email address, send a copy of the letter by email for speed
* then send the letter itself addressed to the LL by post
* and send a copy to the agent

This may all sound like overkill, but you clearly have a dodgy LL (with that many issues), so doing things 'properly' and having a paper record will serve you well in the long run

Yes I've been given a gas safety report so wouldn't that void a case for a gas engineer?
well it mans the LL hs comlied with the leglislation requirin an annual inspection report.
But there is also a general requirement that the gas installations be kept safe. In the same way that a car may have an MOT, but 6 months later have illegal tyres/brakes etc, the gas report just confirms safety on the day of the inspection only. Demand a gas engineer. (Firmly but politely!)
And should the electrician be checking the cooker only or the whole property for safety?

Thanks, for the quick response.

Well given what you've said I'd ask for a complete inspection. If the electrician turns up saying he's there just for the cooker, ask him to extend his inspection. It might even be worth paying him yourself for a ful report that you can then show the LL and/or EH and'or HSE.

My comments are Eng/Wales related. As 00ec25 says above, Scottish/N Ireland laws differ.

Steelsmasher

if they are not, then you can follow the rules regarding escalating repairs issues. the rules differ between England, Wales, Scotland and N Ireland. Where are you?

I'm in England.

By law, ( Landlord and Tenant Act 1987 S48) you must be given, in writing, an address for serving notices on the landlord. This is usually included in the tenancy agreement. Note that it might be 'c/o the agency' but that does not matter - it is the official address to use when writing to the LL. Use it. And send a copy to the agent (even if it's the same address!).

I wasn't writing letters because I didn't anticipate all these issues happening in the first week. It looks like the address for serving notices is the same as the agent.

well it mans the LL hs comlied with the leglislation requirin an annual inspection report.
But there is also a general requirement that the gas installations be kept safe. In the same way that a car may have an MOT, but 6 months later have illegal tyres/brakes etc, the gas report just confirms safety on the day of the inspection only. Demand a gas engineer. (Firmly but politely!)

I see. Also, is the fact that I can't currently pay for my gas because the prepayment meter is not working make a case for being unable to serve my responsibility to prevent legionella?

Mardle

Have you contacted your gas supplier about your gas meter?

00ec25

Steelsmasher wrote: »

I'm in England.

read the rules (noting that some apply to the tenant, you have responsibilities as much as the LL does)
https://england.shelter.org.uk/housing_advice/repairs/landlord_and_tenant_responsibilities_for_repairs

follow due process:
https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord

Steelsmasher wrote: »

I wasn't writing letters because I didn't anticipate all these issues happening in the first week. It looks like the address for serving notices is the same as the agent.

then get writing

Steelsmasher wrote: »

I see. Also, is the fact that I can't currently pay for my gas because the prepayment meter is not working make a case for being unable to serve my responsibility to prevent legionella?

care to re-write using English?

your contract with your gas supplier is a contract between you and them. It has nothing to do with your LL except in so far as the LL may need to give permission for installation or removal of a pre pay meter.

legionella does not develop because you cannot use a shower for a week. In fact it needs a supply of warm (but not hot) water to really develop so QED, you ain't gonna get it as you ain't got no warm water because you can't heat it.
http://www.hse.gov.uk/legionnaires/what-is.htm

Steelsmasher

your contract with your gas supplier is a contract between you and them. It has nothing to do with your LL except in so far as the LL may need to give permission for installation or removal of a pre pay meter.

But this is a supplier that was set up by the landlord from day one. Is there no obligation from the landlord to provide a working meter so I can actually pay the supplier?

G_M

Steelsmasher wrote: »

I see. Also, is the fact that I can't currently pay for my gas because the prepayment meter is not working make a case for being unable to serve my responsibility to prevent legionella?

You have no responsibility to prevent legionella. If anyone does, it's the LL. However I think you are now not focussing on the key issues. Legionalla is a red herring.

Looking at your list again:

* the handle to the front door slipping off, - does this just need a screw tightening? If so, buy a screwdrive. It will be useful all your life. If it's more than that, report in writing to the LL. But f you fix it yourself make sure the inventory notes the fault (or you report it in writing) to protect your deposit later

* lights not installed in 2 rooms, - do you mean bulbs? If so they are very cheap and as consumables the tenant is responsible. If you seriously mean there are no light installations at all, report this in writing and demand an electrician. Either way, inventory/letter as above.

* gas prepayment meter not working, are you sure the meter is not the responsibilty of the gas provider? Have you contacted them?

* radiator dials not installed, - I'm not sure what you mean by this, but if you are referring to thermostats on the radiators, there may well be no requirement for these. It depends when the rads were installed - before or after the introduction of the relevant Building Regulations.

* clogged shower drain - report as above and check it is recorded on the inventory. Ask for plumber or try something like
https://www.ebay.co.uk/p/Powerful-Drain-Plunger-Buster-Toilet-Unblocker-Sink-Clog-Remover-Rubber-Sucker/1759016906?iid=291392552996
or
https://www.amazon.co.uk/Instant-Drain-Cleaner-Safety-Gloves/dp/B00OLYE5RU

* both outdoor gas/electric cupboards not closing properly. A minor issue but check the inventory records this and report in writing