Landlord obligations when showering facilities removed

JDC123

Hi,

I live in a privately rented flat with 5 overall tenants. We have damp in our main bathroom, meaning the shower/tiling will have to be removed and dried out. This could take 1-2 months. For this duration we will have no washing facilities.

We have a second, small bathroom which just has a sink in it.

Our landlord has said insurance will not cover us to have a temporary shower, or to be able to shower elsewhere (eg gym or have alternative accomodation).

I would like to know the landlords legal obligations in this situation, in regards to alternative washing facilities, and a reduction/cancellation of our rent for the period of the works.

Any advice will be much appreciated.

Thankyou

Soot2006

Someone will be along to help with legalities I'm sure, but I'm confused about why it will take so long? Only takes about 3 days to rip out and replace and entirely new bathroom suite and tile!

unforeseen

Soot2006 wrote: »

Someone will be along to help with legalities I'm sure, but I'm confused about why it will take so long? Only takes about 3 days to rip out and replace and entirely new bathroom suite and tile!

Because the wall also needs to be dried out as mentioned in the OP

gingercordial

unforeseen wrote: »

Because the wall also needs to be dried out as mentioned in the OP

Even so this shouldn't take longer than a week.

It happened to us at the end of last year - water had been getting behind the bathroom tiles due to shoddy grouting/sealing, and it wasn't fixed for a year due to arguments between our landlord and the company which had installed the bathroom. Eventually the tiles were taken off, the wall allowed to dry out and then re-tiled. This took about five days for the drying, and that was with us still being allowed to use the bathtub immediately below the exposed wall (no splashing though!) so no special precautions to keep the air in the room very dry.

I would think even if it is very bad, if nobody is using the bathroom and they run a dehumidifier it could still be done in a week.

G_M

How long it takes to dry out depends how extensive the damp is, and where!

The insurance is a red herring. Just because his insurance does not cover this does no affect the LL's legal obligations.

There are various factors:

* repairing obligations. LL is doing the right thing and undertaking repairs.
* rent reduction. I doubt there's a legal obligation, though a 'decent' LL wouldt recognise the tenants are put to inconvenience & not getting the same facilities as before, and offer a reduction.
* Does the property become uninhabitable? I suspect yes if there is no bath, or shower.
* HMO. Is this an HMO? Ifso, is it also a registerable HMO? If so, is it registered? And what do the relevant council's HMO requirements say about ratio of tenants to bathrooms?

See also
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.pdf

section 17, page 41

The local authority's Private Tenancy Officer, or Environmental Health, might be worth contacting (assuming they've not been abolished by funding cuts.....)

ThePants999

G_M's hit upon a key point that I think your landlord hasn't understood. Your landlord has a set of responsibilities. He then chooses to purchase insurance to offset the risk that these responsibilities will generate significant financial liabilities for him. But the insurance is entirely his choice and his concern. His responsibilities are unchanged regardless of whether a given situation is covered by HIS insurance.

I wrote a bunch more but deleted it, cos it looks like this area is murky and complicated and I'm not an expert. The summary of my reading is that the landlord does have a responsibility to provide sanitation facilities and keep them in good repair, but since he IS repairing them, I think it'll come down to a judgment on whether the time taken to fix it is "reasonable"; if a judge concludes that it isn't then you'd have a case for recovering the costs of alternative arrangements. https://nearlylegal.co.uk/2015/12/repairing-caselaw-disrepair/ is interesting.

InterestedParty2018

A dehumidifier will certainly help with speeding up the drying out process. 1-2 months seems excessive IMO.

Will the bathroom be entirely removed, or simply the tiles only? Is it shower cubicle, or a shower in a bath? If the latter, with the bath still be in position?

If you can still bath (although I appreciate 5 tenants who are used to showering, now having to use a bath whilst surrounded by hacked off tiles is unpleasant), it not unreasonable for a short period of time.

If your landlord is being obstructive or difficult or dismissive about the maintenance then I would also kick up a fuss - but if they are doing all they reasonably can to rectify, then I would try "work with them". What would you do if it was your own home...??)

G_M

ThePants999 wrote: »

......The summary of my reading is that the landlord does have a responsibility to provide sanitation facilities and keep them in good repair, but since he IS repairing them, I think it'll come down to a judgment on whether the time taken to fix it is "reasonable"; if a judge concludes that it isn't then you'd have a case for recovering the costs of alternative arrangements. https://nearlylegal.co.uk/2015/12/repairing-caselaw-disrepair/ is interesting.

But this is more than just a repairing issue (which the LL is addressing).

Whether or not the time taken tto undertake the repairs, is just one aspect. More relevant is the question of habitabilty. Without any proper washing facilities the property becomes uninhabitable, so whether it's a week or a month is immaterial.

xylophone

Without any proper washing facilities

That's not quite accurate - it seems that the

"small bathroom"

has what the OP describes as a "sink" - presumably basin.

It is perfectly possible to fill the basin with hot water, wash the face, take a flannel and wash the rest?

A nuisance but needs must?

If one's own property had a problem with bath/shower that was taking a while to resolve, one would do just that?

G_M

I'm not an expert in the area, but strongly suspect that a sink/basin would not qualify to make a property legally 'inhabitable'.

I refer again to the guidelines:

Personal hygiene
* Sufficient numbers of properly connected/fitted baths/showers for (potential)
occupants;

* Bathroom/shower room to have privacy/heating/lighting/ventilation;

* Sufficient number of suitably connected and sited wash hand basins for
occupants;

* Suitably connected, easily cleaned sinks with proper waste drainage for each
dwelling/household; and

* Appropriate facilities for washing machine/clothes drying/adjacent power
sockets/vent outlets

bris

LL is obliged to provide a wind and water tight premises with heating and hot water.


It doesn't say that hot water needs to be delivered into a bath or from a shower.