inventory, health and safety issues, etc

hyper8

Hi all,
Apologies, this will be a long post.
We have been renting a flat (assured shorthold tenancy) for almost 2 years and have had a few problems. Last February the radiator in the living room started falling off the wall. We notified the managing agent and landlord immediately. Their first reaction was to state that it was our fault. Three days later, with the radiator only supported by furniture we put in front and below it, they finally sent a plumber. He fixed it and stated that the screws used to fix the radiator to the wall were ridiculously short and we should get all radiators professionally checked as they were potentially dangerous. A few days later the managing agent came and said all radiators seemed ok to him apart the one in our daughter's room. They "fixed" it by adding a plastic band between the bracket and the screws...if the problem are screws being too short, this was not solved. Anyway, we have kept a piece of furniture against it ever since. Just to give you an idea of what type of person our landlord is, he took the liberty of writing a text to us saying that a few days without heating have never killed anyone.

End of May we had a major water leak from the hot water tank. Water in every room of the flat, infiltrating the walls and the underlay. We did not have electricity for days and hot water for almost a week. The flats 2 floors below us were also affected. It took us weeks to have dry floors again, with a toddler walking around the flat and my pregnant wife having to soak up water every day. The plumber sent on the same day said that the water tank installation was illegal and that he would report it to the agent as he thought that the tank had to be removed and the plumbing replaced. This was never done, some quick fix was done and the tank is still there, probably a time bomb.
At the same time the washing machine stopped working, first at times and then completely. A white goods engineer was supposed to come but never did as he did not get the approval from the managing agent until 2 weeks ago. We were away due to illness and then death in our family in the meantime so did not follow up until 2 weeks ago. Now the managing agent tells us that the machine is beyond repair and that due to the proximity of the end of our tenancy (6 weeks) and the fact that they are selling the flat, they are not replacing it. They are proposing 100£ off our last month of rent. We have already spent more than this at the laundromat, without counting the inconvenience. We proposed not to pay for the end of tenancy cleaning and the inventory (we never received the check-in inventory and have told them repeatedly), but they are not replying to our e-mails.

Our last payment is due to them next week and we do not know what to do.
Any advice?

Comms69

hyper8 wrote: »

Hi all,
Apologies, this will be a long post.
We have been renting a flat (assured shorthold tenancy) for almost 2 years and have had a few problems. Last February the radiator in the living room started falling off the wall. We notified the managing agent and landlord immediately. Their first reaction was to state that it was our fault. Three days later, with the radiator only supported by furniture we put in front and below it, they finally sent a plumber. He fixed it and stated that the screws used to fix the radiator to the wall were ridiculously short and we should get all radiators professionally checked as they were potentially dangerous. A few days later the managing agent came and said all radiators seemed ok to him apart the one in our daughter's room. They "fixed" it by adding a plastic band between the bracket and the screws...if the problem are screws being too short, this was not solved. Anyway, we have kept a piece of furniture against it ever since. Just to give you an idea of what type of person our landlord is, he took the liberty of writing a text to us saying that a few days without heating have never killed anyone. - Whilst the attitude is unwarranted, he's right. a few days without heating is a reasonable length of time for repairs.

End of May we had a major water leak from the hot water tank. Water in every room of the flat, infiltrating the walls and the underlay. We did not have electricity for days and hot water for almost a week. - i assume you got these back as a result of repairs done by the LL? again it's unfortunate, but a quick turn around. The flats 2 floors below us were also affected. It took us weeks to have dry floors again, with a toddler walking around the flat and my pregnant wife having to soak up water every day. - it's unfortunate, and I sympathise; BUT had you owned the place, the time scales would be the same. The plumber sent on the same day said that the water tank installation was illegal and that he would report it to the agent as he thought that the tank had to be removed and the plumbing replaced. - That is unlikely; and in anycase, the LL didn't put it there. This was never done, some quick fix was done and the tank is still there, probably a time bomb. - Again, it's unlikely, flats especially are built to building regs. These change over time, but the only issue is whether it was correct at the time of building, not now
At the same time the washing machine stopped working, first at times and then completely. A white goods engineer was supposed to come but never did as he did not get the approval from the managing agent until 2 weeks ago. - Unless the tenancy agreement states otherwise, the LL is not typically required to repair a washing machine We were away due to illness and then death in our family in the meantime so did not follow up until 2 weeks ago. Now the managing agent tells us that the machine is beyond repair and that due to the proximity of the end of our tenancy (6 weeks) and the fact that they are selling the flat, they are not replacing it. - that could be reasonable; that said have you given notice to leave? if not your tenancy isnt ending in 6 weeks. They are proposing 100£ off our last month of rent. - very reasonable, but when is the 'last' month We have already spent more than this at the Laundromat , without counting the inconvenience. - so use the £100 to buy a washing machine? We proposed not to pay for the end of tenancy cleaning and the inventory (we never received the check-in inventory and have told them repeatedly), but they are not replying to our e-mails. - what end of tenancy clean, just do it yourself

Our last payment is due to them next week and we do not know what to do.
Any advice?

Why are you moving? - I mean there's many reasons to move, given the attitude. BUT you aren't obliged to, and if they're selling, they may pay you to leave

G_M

They'll find it hard to sell if you stay so might prefer to pay you to leave.....


The repairing issues seem significant, but you could have enforced repairs. Proper written complaints, requesting repairs, and timescales. And if that did not work the next step was Environmental Health. They would have enforced repairs given the flat was flooded/damp and given the statements you had from plumbers etc.


Bit late now though.


If you still intend to move, all you can do is try to negotiate the £100 upwards.

macman

Lack of incoming inventory is to your great advantage, as they cannot prove what was or wasn't in place, nor it's condition. If they try to make deductions from your deposit then the deposit holder arbitration will find in your favour, unless you've trashed the place.
There is no purpose in having an outgoing inventory now and if they do, you should certainly not have to pay for it.
Was your deposit protected, did you receive a gas safety certificate and EPC upon start of the tenancy?

G_M

macman wrote: »

Lack of incoming inventory is to your great advantage, as they cannot prove what was or wasn't in place, nor it's condition. If they try to make deductions from your deposit then the deposit holder arbitration will find in your favour, unless you've trashed the place.
There is no purpose in having an outgoing inventory now and if they do, you should certainly not have to pay for it.

Not sure that's strictly true, though it is partially.


If an incoming inventory had highlighted the radiator issues, that would greatly help the tenant. Without an inventory the LL could claim the rads were fine. How the arbitrator would adjudicate between the LL and T's conflicting claims is.... up to the adjudicator.


An outgoing inspection certainly has some value as it shows the condition at that point. Agreed, far better if there's an inventory for comparison, but it still has some value.


And if the tenant agreed to pay for it in the contract, then the tenant has to pay for it.

hyper8

Thank you all for your precious help.

Let me clarify a few points. The hot water tank is new and was installed right before the beginning of our tenancy by our landlord. I assume that safety regulations have not changed massively over the past 2 years and the plumber who examined the tank after the leak was shocked.
Our tenancy agreement says that the landlord is responsible for repairs to white goods (he tried to say the opposite but it is clearly written).
It is written in our tenancy agreement that the flat has to be professionally cleaned at the end of the tenancy. As the flat is being sold and they do not need to have it professionally cleaned for new tenants, we are trying to use this a bargaining chip and save some money.

The flat is being sold because it is part of an estate which is being liquidated and we would have moved anyway as the water damage is extensive (warped floors, doors not closing anymore, electrics not working properly, ...). In fairness we were given more than appropriate notice. We have been very flexible in giving access for viewings and the agent (the same as the managing agent) saw that we keep it in excellent conditions.

Regarding the inventory, we met the professional who did it who gave us the keys, so it should exist, however we were never given a copy. We asked for it several times as the landlord took away several items of furniture after the inventory (with our agreement). The tenancy agreements stipulates that we have to pay for the check out as the landlord has paid for the check-in, but what is the use of the check out inventory if we do not have the check in?

macman

OP: it doesn't matter whether it needs to be professionally cleaned or not. You agreed that it would be done at your expense at end of tenancy. The fact that it is being sold rather than re-let is nor relevant.
G_M: I don't see that the radiator incident is relevant, since it has been resolved (at least until another one falls off).

hyper8

We have signed an agreement whereby we have to pay for the professional cleaning. But according to the same agreement the landlord was supposed to repair the washing machine. He is in breach of the agreement, so does this really have any value anymore?
The other examples I gave were just to state that he has been in breach of his duties in the past as well and has not offered remedial action in a timely manner (the illegally installed water tank was not supposed to be there in the first place and is still there after 3 months, the electrics have not been fully repaired). Also, according to the agreement we were supposed to receive a check-in inventory which we did not receive.

What I am really unclear about is whether we are still bound by this agreement at all, with all the breaches having taken place on the other side.