Asking landlord to refurbish.

Jivey

Hi.
I am new here and have spent a good while looking around but do not seem to be able to find an answer to my question.

I am currently in rented accom, i have lived here for nearly 14 years , never missed rent and always kept the place in good condition.

I have a 10 year unfurnished tenancy agreement.

My question....When i moved in the flat had carpet and curtains ,kitchen cupboards and usual fixtures and fittings.

I have never asked for the flat to be refurbished, but now the carpet is looking really shabby (curtains are fine) and there is a crack in the base of the toilet that i think has started leaking , all be it very slowly (still not nice).

My contract says it is down to me to paint and decorate and to keep things in good condition, which i feel i have done.

Do you think it is fair of me to ask for a new carpet and toilet ?

My landlord has changed several times since i moved in, and the latest has tried to remove me before by upping my rent from £300 per month to £1800..
I fought this with the help of citizens advice and local council solicitors.

I fear that if i ask for the carpet and toilet to be replaced that he will instantly try and up my rent again or at worse try and evict me while refurb takes place....Thats not so much the issue but is it fair of me to ask for the carpet and toilet to be replaced ?

many thanks for any replies

Jivey.

hjb123

when does your agreement run out (or when did it run out?) have you maybe checked what the rents are like for similar properties in your area and compared it to yours?

Do you have an agent you could ask?

brightonman123

anything in the tenancy agreement regarding redecs?

tbs624

From what you have said, your Tenancy may be an Assured Tenancy so you will, as others have suggested, need to look at the wording of the Agreement for full details of both sides’ obligations on carpets etc.Your LL does have to keep the structure and outside of the property in good repair. and keep the systems for the supply of gas, electricity, heating, water and sanitation in good repair, so he should replace the cracked toilet, unless it is damage that you personally have caused.

You could maybe post back here when you've had chance to check your Agreement?
What's the start date of your Agreement and does your LL live on the premises?


On the rent issue, with an Assured Tenancy your LL has to serve you with a formal Notice of Increase to increase the rent, and if you disagree with the increase you can appeal to the Rent Assessment Committee. The LL is allowed to charge a market rent but can't just impose random increases as and when he chooses.

Jivey

hi again
thanks for the replies.

i should have been a bit more clear with my wording on last post so ile try and clarify things a bit.

I have a fixed 10 year Assured tenancy agreement under the housing act 1988.
I moved in durring 1994.

When i moved in the rent was £325 and it increased over time to what it is today..£555 per month.

1 bed flat with kitchenette in front room.

The silly rent increase happened when my previous landlord was trying to sell the flat, he upped the rent from £4?? to £1800 to try and get me to move.
I fought this and managed to secure a sensible rate of rent.

When my new landlord bought the flat he thought i was paying £1800..which i was not, he claimed i owed him money , but i explained that the previous owner had lied to him about what rent was actualy being paid.
This is when my new landlord tried to get me to sign a 6 month contract..which i refused to do as i already had the 10 year assured tenancy and was told that this tenancy could carry on and was better for myself.

In the tenancy under landlords obligations it says.

to procure the insurance of the property the comunial areas the shared accom(if any)and inventory durring the term against loss or damage by fire and all other risks as shall be covered by a normal householders comprehensive policy...does this mean me ?

I do not have insurance myself ,,should i have ?

I do have a Property Inspection Report from when i moved in and it mentions the carpet being Grey with spots of paint and dirty marks in places.
Is this the same as an Inventory ?

The tenancy states
Inventory (furnished only delete clause if not apropriate)..my tenancy is unfurnished.

To keep the inventory clean and in good repair (which i have done over the past 14 years)

To pay the landlord the cost of replacemnt or repair with articles of a similar kind and of equal value such of the inventory as shall be destroyed lost or broken.

But is the carpet (now very shabby) a case of wear and tear after 14 years of use ?
The same question for the toilet, yes it is cracked, maybe by myself or a guest, maybe becouse it does not seem to be fitted correctly,,but is this also wear and tear after 14 years of use ?

Im kind of confused by all this and i really dont want to ruffle my landlords feathers,,but i am ill and can not afford a new toilet, or carpet,,they do not belong to me.
I have been paying to use these items for 14 years and now they are worn out.

I hope this makes things more clear and once again thanks for the replies.

Jivey.

tbs624

Jivey wrote: »

When my new landlord bought the flat he thought i was paying £1800..which i was not, he claimed i owed him money , but i explained that the previous owner had lied to him about what rent was actualy being paid.
This is when my new landlord tried to get me to sign a 6 month contract..which i refused to do as i already had the 10 year assured tenancy and was told that this tenancy could carry on and was better for myself.

Anyone who has an Assured Tenancy should always get legal advice if a LL tries to insist on a new contract or do anything to make them to leave the property.

Jivey wrote: »

In the tenancy under landlords obligations it says.

to procure the insurance of the property the comunial areas the shared accom(if any)and inventory durring the term against loss or damage by fire and all other risks as shall be covered by a normal householders comprehensive policy...does this mean me ?

I do not have insurance myself ,,should i have ?

As it is under LLs’ Obligations it means something that the LL is obliged to do:you don’t have to have insurance, but it's probably advisable that you do take out special tenants insurance to over your own belongings and any damage or loss to anything of the LLs for which you could be held responsible (however a LL cannot insist that you take this insurance out)

Jivey wrote: »

I do have a Property Inspection Report from when i moved in and it mentions the carpet being Grey with spots of paint and dirty marks in places.
Is this the same as an Inventory ?

If it's dated on the day that you moved in and you and the LL or his/her representative both signed it at the time as a true record, but after 14 years you'd expect deterioration with things like carpets or curtains, however well-cleaned they were during that period.

Jivey wrote: »

The tenancy states
Inventory (furnished only delete clause if not apropriate)..my tenancy is unfurnished.

To keep the inventory clean and in good repair (which i have done over the past 14 years)

To pay the landlord the cost of replacemnt or repair with articles of a similar kind and of equal value such of the inventory as shall be destroyed lost or broken.

The wording of this seems confusing, but if its says it only applies to furnished property and your Agreement states somewhere that the property is unfurnished then IMO none of this bit should apply.

Jivey wrote: »

But is the carpet (now very shabby) a case of wear and tear after 14 years of use ?
The same question for the toilet, yes it is cracked, maybe by myself or a guest, maybe becouse it does not seem to be fitted correctly,,but is this also wear and tear after 14 years of use ?

Generally defining wear and tear is always difficult but after 14 years a carpet provided in a rental property will be well past its renewal date, especially when it wasn’t new at the start of a tenancy, and you have a responsibility to notify the LL of the cracked toilet, especially as you said it is starting to leak.

It's understandable that you’re worried about this , given the difficulties you've already had, but you could try just writing politely to the LL and say that you’d like to bring the two matters to his/her attention and you think replacements need to be made, see what s/he says and then take it from there?

If you need help with the letter or there is any subsequent dispute over who should pay for what go back to the CAB, contact the housing charity Shelter (helpline0808 800 4444. 8am until midnight 7 days a week) or ask for an advice appointment with the Private Tenancies Officer at your local Council (may have a slightly different title) - do tell them you need someone with experience of dealing with Assured Tenancies. You may also qualify for help with legal fees if you need to see a solicitor.

Jivey

Thank you ever so much.
You are a star and i feel much better for an answer..

once again, thanks.