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General => General discussion => Topic started by: Shady Pioneer on 22 March 2013, 12:43
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Hi all,
I'm looking at getting some advice. Me and Chelsea moved into a flat August 31st. It's a rented property, and when we moved in there was water leak damage in the hallway which we were assured would be fixed in a few weeks after moving in.
Fast forward 7 months and major water leaks inside the flat from this area, extremely soggy (not damp) floors, drenched in fact, pissing water from the leaking area causing damage to the walls and door it surrounds. I took a day off work as the leak was that bad during a heavy downpour as the water bucket I was using filled up every 2 hours.
The landlord know all of this and has apparently had the roof fixed (only a couple of weeks ago) yet it is still leaking.
I haven't withheld the rent but I want to know if I'm within my rights to do so.
There is moss and damp all over the hallway as well, and I know for a fact this is a health hazard.
What would you advise?
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Firstly get your contract out.
There's probably something in there that states the landlord will maintain to the property to a reasonable level and make any repairs in a reasonable amount of time.
Obviously, your situation is not reasonable at all.
Stay polite with them though as if you get arsey and they don't like it, he might serve you notice to leave.
Explain that you're not happy paying for the property in its current state and that although you haven't yet - you are within your rights to withold rent.
I had a similar issue once with a light fitting in the bathroom - couldn't see to do anything for 3 weeks. When I told them I might with-hold rent they advised I couldn't. I quoted the contract and the electrician was round the next day.
Just be mindful of keeping a happy relationship with your landlord though.
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Top tip.
Find out if your land lord is bone fide, ie paying tax on his properties income correct mortgage etc etc.
If he does feck all about the leak mention council and tax office and he will fix it sharply.
Landlords who are by the book generally fix things asap as its a declared living, ones who bullsh!t you generally are not paying tax and have the wrong mortgage etc etc.
As said before you need to keep a measure approach with your landlord as he does own the roof over your head.
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absolutely agree about staying polite and maintaining a happy relationship with your landlord. I reported dampness in a previous property and after 4 weeks of nobody doing anything about i got a bit cheeky, within a week the landlord called me to say he wanted to sell the property and we had 60 days to vacate
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Thanks for the advise guys. I have politely stressed that I am not happy in previous phone calls and emails, but this is still happening and it's beyond ridiculous. I will upload the photos and video I took later. You will all be shocked, guaranteed.
I did have a letter through from the landlord saying that the properties they own in the block we are in, they are going to be selling. This doesn't affect us as tenants, it just means whoever buys them off the current landlords will become my new landlord.
I feel that 7 months without the problem being fixed is sufficient amount of time to withhold rent. I don't know if they pay correct taxes etc. I would know where to begin in finding that out but I'm tempted to mention council due to the mold and what not around the walls.
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Citizens Advice Bureau would my next call.
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I did have a letter through from the landlord saying that the properties they own in the block we are in, they are going to be selling. This doesn't affect us as tenants, it just means whoever buys them off the current landlords will become my new landlord.
this is more than likely why your landlord has not done anything about - because they will sell with problems included and let the new landlord deal with it. Thats if they even tell the new owner about the problems. I think 7 months of the same problem is more than enough cause to withold rent just make sure you do it formally via recorded delivery in a letter. If needs be contact a solicitor and see how much they will charge to create the letter and send it for you.
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I will dig out my contract tonight and put together a formal, polite but stern letter to them.
I did have a letter through from the landlord saying that the properties they own in the block we are in, they are going to be selling. This doesn't affect us as tenants, it just means whoever buys them off the current landlords will become my new landlord.
this is more than likely why your landlord has not done anything about - because they will sell with problems included and let the new landlord deal with it. Thats if they even tell the new owner about the problems. I think 7 months of the same problem is more than enough cause to withold rent just make sure you do it formally via recorded delivery in a letter. If needs be contact a solicitor and see how much they will charge to create the letter and send it for you.
What you say makes sense regarding why it's taken so long. Would also be a reason why they have kept putting off (although agreeing) giving me compensation.
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There's no point in you writing them a letter.
Contact Housing Services at your local Concil. You need to speak to the Housing Renewal Officer (or equivalent).
You would like the Officer to inspect your property because your landlord is not maintaining the property as a safe and healthy environment for any potential occupier or visitor. You need to use those words. They'll then ask you to outline the issues.
If this is genuinely a leak (and not just you p*ssing on your landing :whistle:) Your landlord is in breach of the Housing Act 2004: Part 1 - Housing Health & Safety Rating System. The officer will ask you to confirm who the landlord is, then write to him to offer him the chance to be present for an inspection, then inspect the property with both parties present (if your landlord turns out). Once that's done he will issue a schedule of deficiencies to your landlord. The landlord must resolve these deficiencies, or he will be taken to court and have a statutory notice issued on him to force his hand and he will be charged for the privilege.
Probably the first visit and notice will be enough to get him to sort it out, or terminate your tenancy.
Even if he terminates your tenancy he will still have to remedy the deficiencies.
This is the correct way to get your defects remedied and no, your property doesn't have to be anything to do with the local authority to do this.
My recently departed tenants pulled this on me because they wanted the back door replaced. The back door has been replaced, but because of the problems they were causing by their keeping all the windows shut and storing a huge amount of shyte in the house, that were highlighted during the inspection, they had notice served on them.
Tenants: just as c*nty as landlords.
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Is it let through an agency? I'm a Landlord, yet have a great relationship with my tenant. The problem lies with the letting agent I stupidly went with to manage the property. There have been a couple of instances where she has reported something, and its taken them weeks before they've even contacted me to say there is a problem. There was a very minor leak in the conservatory, which she told them, but two months down the line they let themselves into the house, to which she came home to find a strange man in her house without her permission! Highly illegal, but they said as it was an emergency, they were within their rights. Bearing in mind that she told them it was a "slight leak". The fence then blew down in heavy wind over winter, and they took two months to even tell me! After the last one, I went absolutely ape on them, installed recording software on my phone and told them all calls were being recorded between us as evidence of their utter incompetence. Got a call yesterday morning from them saying there was only hot water when the heating was on, got a call back yesterday afternoon saying they had sent a plumber and it was the diverter valve, cost to replace etc....... which I gave my approval for right away, so it will be fixed first thing Monday morning.
Its not always the landlords, these letting agents are quite happy to take their cut and do f**k all sometimes! You need to force their hand, to which they ultimately will tow the line when confronted with threats to report them to the powers that be! :wink:
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This is why I don't use a letting agent.
I am quite enough c*nt in my life without offering a big slice of my income to another one.
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I am quite enough c*nt in my life
Siggy worthy :grin: :laugh:
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Thank you for the input guys. The letting agent apparently has nothing to do with getting anything fixed as every time something has come up I have been told to go straight to the landlord. They were very quick in taking money and making sure I was in the property but after that they wanted nothing to do with me.
Here are some pictures so you can see the conditions I've been loving with:
This is when it rains lightly:
(http://i594.photobucket.com/albums/tt25/Shady_Pioneer/7468F487-DAC9-4D56-96FC-3C5659F73C15-9384-000004BAF26C729D_zps7c8c1663.jpg)
This is when it rains hard:
(http://i594.photobucket.com/albums/tt25/Shady_Pioneer/3710CEEC-1A8C-4AAA-8DAB-CB48CFA7DDBE-9384-000004BA958D8DC7_zpsa517cbc5.jpg)
(http://i594.photobucket.com/albums/tt25/Shady_Pioneer/428D5204-58A6-4F90-A93E-00409B0CDB9A-9384-000004BA902F1856_zpsfeeed028.jpg)
(http://i594.photobucket.com/albums/tt25/Shady_Pioneer/738E88FF-52A9-49FD-A4E8-2C3C88374C10-9384-000004BA8B98E379_zps8e82ecab.jpg)
(http://i594.photobucket.com/albums/tt25/Shady_Pioneer/B25DE231-1D28-49BA-AEFC-18A9139B00A2-9384-000004BA882F84D8_zps91cd62a2.jpg)
And I suggest you all watch the video to get a clear idea to how bad it actually is:
http://i594.photobucket.com/albums/tt25/Shady_Pioneer/154A3D18-E053-4E56-9CBB-DEE99A85C7FC-9384-000004BA99AC25F8_zpse8de8d7c.mp4
This is what I've had to deal with for 7 months, and during those 7 months the landlord has constantly given me excuses as to why it's not been done, even now I've been told a plumber is due to replace the pipe and a bother roofer needs to come and inspect the roof but its not happening quick enough for my liking.
I'm not a difficult tenant, I just want my flat to be up to the spec it should be considering how much I pay.
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my agreement states that I deal with the landlady direct regarding any issues. thankfully her son and nephews are all tradesmen and have been out within hours of any issues.
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my agreement states that I deal with the landlady direct regarding any issues. thankfully her son and nephews are all tradesmen and have been out within hours of any issues.
thank f**K mine is the same as yours any probs he is right out himself or sends the relevant ppl to sort the prob :smiley: and after 7 month i think i would be finding other places to stay an kickin the landlord right in the nuts :laugh:
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Feck me!!!.Just watched the vid and that is some serious leak m8.I know its difficult with landlords mate cus if you complain then they can give you notice to leave,just like that.Looking at it it may be a leaky pipe or roof,but if you say it only happens when it rains then i would say roof.I take it your on the top floor and the roof is directly above your flat??
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if you complain then they can give you notice to leave,just like that
Actually they have to give you two months, if you're on an assured shorthold tenancy.
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If it's been months and the leak really is that bad, I saw the video, I'd definitely be witholding rent by now mate. I've done it before, got my problems sorted. I would advise telling him you're going to withhold rent though, and use it to pay for repairs.
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Feckin hell mate thats not good (just watched video :shocked:),he should definately do something about that,i would use some of the good advice above and go from there
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Send a recorder delivery letter to your land person (politically correct) make sure your letter is polite and concise to the fault, make it clear that the leak should be repaired within whatever time period you feel reasonable and state clearly that if the work to rectify the leak is not carried out in the allotted time period that you will have no alternative other than to appoint a tradesman and invoice the land person. You could even pay the tradesman and deduct the cost from your rent.
All recorded delivery and try your best to keep things amicable.
Good luck.
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Send a recorder delivery letter to your land person
This is a pointless exercise. Do what I've suggested and Kirk will get it resolved, or have to find somewhere else to live, without the liability of the remains of his tenancy. I have outlined the legal instrument provided to resolve precisely the situation Kirk has an issue with. I don't understand why people are suggesting other routes. :rolleyes:
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Thomas, thank you and I see exactly ether you're coming from, but he has started to do something in the last couple of months but its not being done quick enough. Someone had come to fix the roof already (and failed). Do I still go down the council route?
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personally ide be looking for somewere else to live, cause even If he fixes that, whats gona happen when omething else goes wrong, could be another 8 month wait to get it fixed.
plus it wil f**k him off cause no ones going to rent a flatt knowing it has a water leak and mold ect so he will have to get it fixed asap or no be able to rent it
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if your in a flat with another one below.
i would be very tempted to stop collecting the water and allow it carry on down. 90% of the time water will find the celing rose and run down the light fitting in the room below.
land thingys tend to fix leacks when that happens as they have to, esp if the flat below belongs to someone else, causes a huge sh!t explosion that your not directly involved in
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Thomas, thank you and I see exactly ether you're coming from, but he has started to do something in the last couple of months but its not being done quick enough. Someone had come to fix the roof already (and failed). Do I still go down the council route?
No satisfactory repair has been made, he might as well have done nothing. You need a cosh to put him under. The above route is the cosh to use - it has timescales and penalties. Those will incentivise him no end.
Danny's right, if you're in anything other than a ground-floor flat. It's not in your interest to collect the water for him. Just get some bricks under your furniture with some DPC on top of them, so all your stuff doesn't rot!!
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Ball is now in my Landlords court. I have explained exactly how I feel about the situation, what I want done and in what timescale. I have not been unreasonable in what I have said and I have state if things are not rectified quick enough, I will get the council involved and stop paying rent.
Thanks for the help, Thomas. :afro: Being a cunt has it's privileges sometimes you know. :grin: :kiss:
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Why not just move out and take your rent with you?
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Why not just move out and take your rent with you?
Deposit is month and a half and I want that back.
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TBF not sure why you're so patient I would have left that dump by now, jeez you wanna shower upstairs and you can have one downstairs at the same time?
Not sure if you need scaffolding up there, but to me that's at least 1K's worth of work including roof tiles flashing, drain pipes, carpet, underlay, new plasterboard and skimming new walls???
Either way use the two months to find a new place and give in your notice of leaving the property, whilst not paying a penny more and advise any agencies your intent to leave due to the major work that is needed to fix this issue. :shocked:
Seriously if you don't leave its not the landlords fault its yours! :lipsrsealed:
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Well what a result. Landlord has come back to me with various info and now contractors are booked to fix it all up properly, along with outlining 4 options that involve:
- Staying where we are and giving us a decent amount of compensation.
- Reducing our rent for the forseeable future (to the amount that we would get in one go as above)
- Allowing us to leave without official notice and being given the compensation too
- Move to an additional flat in the same building that has just become available and he will cover all agency fees etc.
Me and Chelsea don't really have a problem with where we are, it's a nice place and a good location. It just has this severe leak that with any luck will now be fixed. So think I stay and take the compensation.
All it took was withholding the rent and outline that I will get the council involved. :grin: