Landlord is threatening to take out the shower?

polkadot

I have a friend who moved into a top floor flat in March. When she moved in the landlord told her that he just wants to be left alone. She thought this was good, but now the tenant downstairs has been complaining about a leak going into his kitchen. It looks like the leak has been going on for a long time and the downstairs people have told my friend that the last people who lived there flooded the bathroom. The landlord has been in and "regrouted" and done some work on the taps etc. He seems to be of the opinion that it is because water is hitting the walls of the shower (or the floors) and cannot explain the problem. He has gone as far as telling her that he thinks upper floor flats should not have showers (apparently the previous tenants put this one in) and he is thinking of taking the shower out.
Theres the first issue...
Now she is worried that her constantly needing him to come and check for the problem again will affect his decision to resign at the end of the term,she hasnt been given notice of the deposit scheme and suspects that it hasnt been lodged, which means he will not be able to blame her for the current issue. But what if he lodges it later on during the lease term? Does that mean
he will be covered as if he lodged it at the beginning of the lease?
He also never did an inventory when she moved in.
Where does she stand?

Fred1_2

polkadot wrote: »

I have a friend who moved into a top floor flat in March. When she moved in the landlord told her that he just wants to be left alone. She thought this was good, but now the tenant downstairs has been complaining about a leak going into his kitchen. It looks like the leak has been going on for a long time and the downstairs people have told my friend that the last people who lived there flooded the bathroom. The landlord has been in and "regrouted" and done some work on the taps etc. He seems to be of the opinion that it is because water is hitting the walls of the shower (or the floors) and cannot explain the problem. He has gone as far as telling her that he thinks upper floor flats should not have showers (apparently the previous tenants put this one in) and he is thinking of taking the shower out.
Theres the first issue...
Now she is worried that her constantly needing him to come and check for the problem again will affect his decision to resign at the end of the term,she hasnt been given notice of the deposit scheme and suspects that it hasnt been lodged, which means he will not be able to blame her for the current issue. But what if he lodges it later on during the lease term? Does that mean
he will be covered as if he lodged it at the beginning of the lease?
He also never did an inventory when she moved in.
Where does she stand?

The landlord must lodge the deposit with an approved scheme, no later than 14 days after he receives the deposit for the tenant. Lodging it later, is not technically acceptable, although the final say comes down to a judge if your friend takes the LL to court.

My gut feeling about the shower is that the LL should have made sure the shower was OK before renting the flat out. The fact that a previous tenant put it in is irrelevant, the landlord should have made sure it was working and safe or removed it before your friend rented, and ideally before she viewed, the flat (although I conducted viewings before the builders had finished, but the tenants could see what the finished property was going to contain).

tbs624

When your friend signed the contract, and took up the rental , if the flat had a shower (regardless of who installed it) then the LL cannot simply come and remove it. If he knew that there had previously been difficulties with it, then he should have had it taken out prior to re-letting the flat. Whether or not he wants to be left alone is neither here nor there - if he lets a property he either has to deal with the problems that may arise or pay someone else to do it on his behalf.

Can you clarify what it is that you are asking about the deposit?

A LL has to be able to produce evidence of the state of a property at the beginning of a tenancy for him/her to be able to justify any deductions for possible damage etc.

If the LL does not register the deposit ,and has not given the tenant the “prescribed information” about the scheme, within 14days of having received the deposit , then the Tenant should apply to the courts to have it registered with one of the 3 schemes immediately ( or repaid) and should also be awarded 3 x the sum of the deposit, (payable by the LL).

polkadot

Thanks Fred1, tbs264-once again to my aid:) It seems that the landlord is going to try to do one of two things:
a) Take the shower out.
b) Ignore it (after all its my friend whos being hassled by downstairs, not LL)
She's concerned that he's waiting for her to shell out to find the problem or that he is going to cite it as cause when she eventually moves. The last people were apparently kicked out because of the flooding. Or thats what we've heard at least.

Fred1_2

Sounds like she'd be better off out of there. I'd advise her to start looking for a new place and investigate getting her deposit, plus 3x compo back. The latter will require a court case though, but she's in a very strong position.

matimage

We had a shower above the bath in one of my student rented digs many years ago. We got back one day and the LL had been in and removed it, no permission or warning or anything! Got on the phone and had a right go and basically said if we didn't like it we could begger off. We did but I wish I knew then what I know now....

terryw

polkadot wrote: »

Thanks Fred1, tbs264-once again to my aid:) It seems that the landlord is going to try to do one of two things:
a) Take the shower out.
b) Ignore it (after all its my friend whos being hassled by downstairs, not LL)
She's concerned that he's waiting for her to shell out to find the problem or that he is going to cite it as cause when she eventually moves. The last people were apparently kicked out because of the flooding. Or thats what we've heard at least.

I have read all the replies above and I agree with everything said.

A couple of other points:

1. The LL was a bit daft not to have given an inventory when you moved in. This is no big deal though as it would really weaken his case if ever it came to court ( and very few do). Why not make your own inventory and give a copy to the LL, and then you both know where you stand.

2..FWIIW I had the same problem with a dwelling that I let out some years ago. It drove me demented. I checked it. Plumbers and Corgi guys checked it but the problem remained.

Common- sense dictates the leak has to come from:
1..the input into the shower.
2. the waste water from the shower
3. the tiling and grouting
4. poltergeists

So eliminate these one by one. Using common sense.

In my case after replacing umpteen bits and pieces, the problem was that water was leaking from the tiles behind and running down behind the shower tray, But this was only isolated after replacing the shower tray, tightening and replacing sundry metal and plastic joints and pipes and even re-tiling. In the end the problem was cured by liberal application of silicone to the joints between the shower-tray and the tiled wall. But the cause just could not be seen. Water leaks like this can be notorious to find.

Now this stuff above must be as boring to read as it is to type. But this appears to be the cause of your rift with the landlord. He wants to be left alone and you have a problem which is really your LLs problem. But work together. Try and work out when the leak appears.......give him some help. Don't just take the view that it is only his problem

Neither of you want ill-feeling and threats of this that and the other. There is a problem which affects both of you. Solve it between you - and you will both achieve what you require from the relationship.

Why not, in a friendly fashion, give the guy a print-out of this thread and see if you can both can solve the joint problems?

terryw

clutton_2

i have discovered that cheap silicone is a baaaaad buy - it loosens, gets cracks in it, and needs to be hacked out of the tiling and replaced far too often - buy the best silicone you can find for retiling

polkadot

Thanks so much guys, my friend has been downstairs and looked at the ceiling, shes replaced the shower railing with an L frame and extra big shower curtain to prevent water getting out. Shes also let council in (they own downstairs) and they cant find the issue either.

polkadot

Hi guys

I misunderstood slightly, I hope I can get it right this time The concern is that he will issue a section 21 at the end of 6 months as they have a break clause, and not because he blames them, but just because having them there may be starting to sound like work and he doesnt want to have the hassle. The issue is also not whether he can be charged the x3, but would she be able to use it as leverage. I may not have my wording right but lets speak in the hyperthetical-if he were to just decide to issue a section 21 then she would only have 2 months to look into another property where 3 or more months may make the difference between just taking the first place available and actually getting a place suited to them. So I guess what we want to know is, if he doesnt put the deposit in a scheme until later ( whether he's remembered to do it or is reminded) does that mean he cant issue a section 21 and she would be able to say that she would be staying until they found suitable accomodation?
Its more about wanting to make sure they are safely accomodated rather than just money grabbing as some may be inclined to wonder.

terryw

polkadot wrote: »

Hi guys

I misunderstood slightly, I hope I can get it right this time The concern is that he will issue a section 21 at the end of 6 months as they have a break clause, and not because he blames them, but just because having them there may be starting to sound like work and he doesnt want to have the hassle. The issue is also not whether he can be charged the x3, but would she be able to use it as leverage. I may not have my wording right but lets speak in the hyperthetical-if he were to just decide to issue a section 21 then she would only have 2 months to look into another property where 3 or more months may make the difference between just taking the first place available and actually getting a place suited to them. So I guess what we want to know is, if he doesnt put the deposit in a scheme until later ( whether he's remembered to do it or is reminded) does that mean he cant issue a section 21 and she would be able to say that she would be staying until they found suitable accomodation?
Its more about wanting to make sure they are safely accomodated rather than just money grabbing as some may be inclined to wonder.

I am not a lawyer etc etc but it looks as though the deposit has to be put into the scheme within fourteen days otherwise there is strict liablility for the 3x penalty.
Here's a thread
http://www.landlordzone.co.uk/forums/showthread.php?t=10686&highlight=deposit+scheme

So yes it looks as though your pal has some leverage here.

terryw