Husky Posted January 17, 2011 Share Posted January 17, 2011 here's the very quick rundown of the situation. -moved out of my last rental property as it was a s***hole. -the landlord breached the contract the whole way through in various ways (entered property with no notification, left me with no washing machine for months, didnt fix the drainage when it broke leaving me with no toilet, etc etc etc *big list*) -I decided i wouldnt pay my last months rent because i knew without taking him to court there was no easy way to get compensation so now they are asking for my permission to take my last months rent (£500) off of my deposit (£750) and a cleaning bill that hasnt yet been decided (I had to clean it when i moved in as it was crap then so why should i pay for the next person). ok so that's not unexpected but here's the thing, I can legally refuse to have the money taken out of my deposit. To get at that money the LL either has to go to the tenancy deposit scheme or small claims court and plead his case. If he does that there is a very good chance he will leave with a fair amount less money than he started with and have to pay the fees on top of that. So i said to the letting agency who are sitting in the middle of this that I am offering a sensible deal. They give me my 750 quid back and the bill for the drainage fix's they owe me and we can forget any of it ever happened. Am i being reasonable? any advice? I'm fed up dealing with it personally I have better things to do with my time. Ta muchness Quote Link to comment Share on other sites More sharing options...
Ruddles Posted January 17, 2011 Share Posted January 17, 2011 What would William Wallace do? Quote Link to comment Share on other sites More sharing options...
Ekona Posted January 17, 2011 Share Posted January 17, 2011 If you've got lots of receipts, lots of details with times and dates you contacted your landlord/letting agency, then stand your ground. If you're lacking in details in any way then you might need to compromise further. I'm only thinking about how strong you can prove your case without worrying what anybody else is going to say should it come down to it. Quote Link to comment Share on other sites More sharing options...
James B Posted January 17, 2011 Share Posted January 17, 2011 Burn him with fire! Quote Link to comment Share on other sites More sharing options...
Husky Posted January 17, 2011 Author Share Posted January 17, 2011 If you've got lots of receipts, lots of details with times and dates you contacted your landlord/letting agency, then stand your ground. If you're lacking in details in any way then you might need to compromise further. I'm only thinking about how strong you can prove your case without worrying what anybody else is going to say should it come down to it. i have 144 emails when i saw what was happening ages ago i told them only to communicate by email or mail. This is what gets me, I'm offering a compromise bt he just doesn't get it I get he feeling we are going to end up in court Quote Link to comment Share on other sites More sharing options...
Husky Posted January 17, 2011 Author Share Posted January 17, 2011 Burn him with fire! i like this one, i have wanted to for ages, his gardener even set a bonfire 7 foot from my bedroom wall. could have used that Quote Link to comment Share on other sites More sharing options...
Woody Posted January 17, 2011 Share Posted January 17, 2011 If you've got lots of receipts, lots of details with times and dates you contacted your landlord/letting agency, then stand your ground. If you're lacking in details in any way then you might need to compromise further. I'm only thinking about how strong you can prove your case without worrying what anybody else is going to say should it come down to it. i have 144 emails when i saw what was happening ages ago i told them only to communicate by email or mail. This is what gets me, I'm offering a compromise bt he just doesn't get it I get he feeling we are going to end up in court If it does and you have your proof, then you have nothing to worry about. He seems like a royal douche. I would stand your ground. If it does go to court, I would think that you would get more than £750. Imo Quote Link to comment Share on other sites More sharing options...
Husky Posted January 17, 2011 Author Share Posted January 17, 2011 If you've got lots of receipts, lots of details with times and dates you contacted your landlord/letting agency, then stand your ground. If you're lacking in details in any way then you might need to compromise further. I'm only thinking about how strong you can prove your case without worrying what anybody else is going to say should it come down to it. i have 144 emails when i saw what was happening ages ago i told them only to communicate by email or mail. This is what gets me, I'm offering a compromise bt he just doesn't get it I get he feeling we are going to end up in court If it does and you have your proof, then you have nothing to worry about. He seems like a royal douche. I would stand your ground. If it does go to court, I would think that you would get more than £750. Imo yeah thats what i figured to, hes lucky i cba taking him to curt myself. from my limited understanding, me offering a compromise is the first step in the process. If he decides to rush straight to court then he will end up paying the fees because he hasn't followed the process. he needs to reject my proposal and then we move to the next stage Quote Link to comment Share on other sites More sharing options...
glrnet Posted January 17, 2011 Share Posted January 17, 2011 I think you're being more than fair as long as you can prove/justify your side of the argument. If he accepts your offer/compromise I'd take the money and run, if he doesn't see the git in court (and then burn him with fire too) Quote Link to comment Share on other sites More sharing options...
Animal Posted January 17, 2011 Share Posted January 17, 2011 ARLA/NALS are there for your protection to stop rogue landlords from keeping your deposit without good reason. If you've got that much supporting evidence why don't you go to court? Without seeing the emails it sounds as though you have grounds to feel aggrieved. Is your landlord an ARLA/NALS member? Either way, I'd suggest Googling them to see what their websites suggest - it may be that you can get some free advice over the telephone. Quote Link to comment Share on other sites More sharing options...
ChrisS Posted January 17, 2011 Share Posted January 17, 2011 Did you get pictures as well ? If so together with the emails,tell them to 'go away' That is the polite version. Quote Link to comment Share on other sites More sharing options...
Sam Mcgoo Posted January 17, 2011 Share Posted January 17, 2011 ARLA/NALS are there for your protection to stop rogue landlords from keeping your deposit without good reason. This is true and the tenant usually wins these sorts of things, but I would say you not paying your last months rent IS a pretty good reason. At the end of the day, if you lived there that month, you owe him that money. Your landlord/agent does sound poor and the rest of your complaints sound very fair and would be very good grounds to complain as long as you have evidence that you did at the time of the problems and gave the agents/LL time to deal with them. Just trying to play devils advocate Quote Link to comment Share on other sites More sharing options...
Bockaaarck Posted January 17, 2011 Share Posted January 17, 2011 Husky, quick question, was your deposit for where you were renting ever registered with one of the government approved Tenancy deposit protection schemes and were you informed that it was registered with one of those schemes in writing? Quote Link to comment Share on other sites More sharing options...
Jed Posted January 17, 2011 Share Posted January 17, 2011 Here you go Husky PAY SPECIFIC NOTE TO "DAMAGES and SET OFF/SELF HELP" This will relate to your question!!!!! Its a lot of reading BUT IS YOUR RIGHTS AGAINST THE LANDLORD AND HIS OBLIGATIONS! If the landlord did not effect the requested repairs within a reasonable amount of time, you can notify him that you will be withholding part or all (depending on the severity of the problem) of the rent, until such time as the problem is fixed. COPY OF LETTER USED Letter to Landlord Withholding Rent TO: __________________________ __________________________ __________________________ With reference to repairs needed at the following property: ___________________________________________________ I have brought to your attention in my previous letter dated ____________ that necessary repairs need to be made to the property. According to my rental agreement you are legally responsible for these repairs, but even after allowing a reasonable amount of time for you to effect these repairs, you have not taken any action. I have held back £__________ from my rent payment to you and have deposited that amount into an ccount at: ___________________________________________________ ___________________________________________________ I am thereby showing that I am ready, willing and able to pay the rent. As soon as the repairs have been made I will release the amount to you or withold them from any further payments if the work has not been carried out as is my right under the landlord and tennant act 1985.. I can be contacted at the following telephone numbers: ___________________________ ___________________________ ___________________________ Sincerely, ______________________ _______________________ Tenant Date As with all letters to landlord my advice is to send it by registered mail and to retain proof of mailing and copies of letters. Make sure you have everything documented and the landlord hasnt a leg to stand on. Landlords' and Tenant act 1985 The Landlord and Tenant Act 1985 (LTA) states that where the landlord has granted a lease of less than seven years, or a periodic tenancy, the landlord will normally be responsible: (a) to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes, ( to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and © to keep in repair and proper working order the installation in the dwelling for space heating and heating water. (Section 11, LTA 1985) These provisions apply to leases entered into on or after 30 October 1985: Keep in Repair: 'Keep in repair' means that the landlord must keep up the standard of repair from the start of the tenancy. The landlord must also ensure that the premises are put into repair even if they were not in good repair at the start of the tenancy. 'Repair' does not include any duty to effect improvements. If there is a defect in construction this will not be actionable under s11 as the property will not be in disrepair. A claim by a tenant to a landlord as a result of an attack of black mould in a property was rejected by the courts as the damage was as a result of condensation and did not directly result through any disrepair. If the tenant is in breach of his duty to behave in a tenant-like manner the landlord will not be responsible for any works or repairs because of that breach. For example, if the tenant decides to put in central heating without permission and damages any existing plumbing or the structure of the building, the landlord will not be responsible for putting the matter right. The landlord will also not be responsible for rebuilding or reinstating the premises if destroyed by fire, tempest, flood or other inevitable accident, or be responsible for keeping in repair or maintaining anything which belongs to the tenant. Installations: LTA, section 11 states that the landlord must keep in repair and working order all the installations for the supply of water, gas and electricity, and for sanitation; and also installations for space heating and heating water. Section 11 will therefore apply to cisterns, water tanks , radiators, boilers, heating ducts and all gas and water pipework in the property. It also includes an obligation to keep in good repair the fixed electrical wiring and associated sockets. Structure and Exterior: Section 11, LTA 1985 only makes provision for disrepair to the structure or exterior. Thus damage or disrepair that is not structural will not be covered. 'Exterior', for the purposes of s.11, is the outside or external parts of a dwelling, but does not include items such as outside paving, garden walls and gates etc. While 'structure' covers more than structural defects, in the sense of those which hold the dwelling together, it does not include purely decorative items nor generally those such as internal plaster, plaster, skirting boards, internal doors etc. although these may well be affected by other items of disrepair and, if so, will be caught by the duty to make good. Furthermore, the landlord is clearly not responsible for a breakage by the tenant (e.g. broken window), for that would be the tenant's responsibility as part of his duty to use the premises in a tenant-like manner. Notice: The landlord's obligations under section 11 will not arise until he has been given notice of the defect. Once the tenant has given the landlord notice of the disrepair the tenant must allow the landlord a reasonable period (see below) to carry out the required repairs. Notice, for the purposes of this section, does not need to be in any specific form. It may be written or oral, although it is easier to prove that notice was given if it is in written format, and it may be given to an agent for the landlord. This requirement for notice does not extend to common parts, or facilities which are mentioned in section 11 but which are outside the premises, for example a faulty step in an entrance hall of a block of flats. A tenant will have to prove they have given notice of disrepair if they decide to pursue a claim. Usually copy letters or, if verbal notice was given, copy letters from the landlord agreeing to execute works. Notice can also be shown if a surveyor or other agent of the landlord has been employed to inspect the premises following verbal notification of disrepair. Rights of Entry: It is an implied term of all Housing Act assured tenancies (and also of Rent Act protected tenancies prior to this) that the tenant will afford the landlord all reasonable facilities for access and the execution of any repairs which the landlord is entitled to carry out (Housing Act 1988, s.16). When the landlord is under an implied covenant to repair, he, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. Reasonable Time: Once the landlord has received notice of the disrepair, the repairs must then be done within a reasonable time. "Reasonable time" will be judged by the type and extent of the disrepair. The bigger and more expensive the repair necessary the longer the time period would probably be. Note, however, that where the repair necessarily is in the nature of an emergency (e.g. where the fault is a burst or broken water pipe or a total electrical failure) then "reasonable time" may be very short indeed regardless of any other considerations. Even where it is something less urgent, such as missing roof tiles, the landlord should use reasonable expedience and a delay of a week or two should normally be acceptable. Where the disrepair involves major structural works, these take time to arrange and co-ordinate and the landlord would be justified in taking longer. Exclusions etc: The landlord is not required to keep in repair or maintain such of the tenants own belongings as he is entitled to remove from the property, or to do works for which the tenant is liable under the duty to use the premises in a tenant-like manner. Also, a landlord is not liable to rebuild, or re-instate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident. The repairing obligations under Landlord and Tenant Act 1985 do not apply to: - a lease of a dwelling house which is a tenancy of an agricultural holding - a lease granted to specific types of bodies including a local authority, a new town corporation, an urban development corporation, housing associations, or a housing action trust - a lease granted to specified educational institution, or a government department Tenant's Remedies: The tenant can recover financial compensation for losses which result from the landlord's failure to repair provided, of course, that these losses are reasonably foreseeable, although not for any losses incurred prior to the landlord having knowledge of the disrepair. Also, if the tenant refuses to give the landlord access to the premises to carry out the work then no damages will be recoverable. DAMAGES: The aim of damages is to restore the tenant to the position he or she would have been in had there been no breach of repairing covenant. The amount of damages awarded will depend on the circumstances of the case, and the true losses suffered by the tenant. A compensation award to a tenant might include the cost of the tenant carrying out the repairs on the landlord's behalf, the cost of restoring internal decoration, compensation for the inconvenience of living in premises that were out of repair, compensation for injury to health, the cost of moving to and occupying alternative accommodation, and the cost of storing furniture. SET-OFF / SELF HELP: Tenants sometimes withhold rent on the basis of using the rent to pay for repairs that the tenant claims the landlord should have carried out, but generally the tenant has no legal right to set-off in this way. However in certain circumstances, a tenant may use the rent to pay for repairs or offset rent arrears where the landlord has clearly breached a repairing obligation and has failed or refused to carry out the repairs. This right is provided only in the circumstances outlined above and when exercised according to a clearly defined procedure; the tenant must inform his landlord that he intends to carry out the repairs himself and submit any estimates, in order to allow the landlord a chance to carry out the works himself. SPECIFIC PERFORMANCE: A court can order a landlord to carry out his repairing obligations. Other Repairing Obligations: EXPLICIT TERMS: This Factsheet only covers the landlord's main repairing obligations implied in law. In addition, the tenancy may be subject to any further terms agreed in the tenancy agreement. COMMON PARTS: The common law will imply certain repairing obligations for common parts: •Where the landlord retains control of a part of a building and lets another part, he must maintain that first part so as to prevent injury to the tenant or damage to the property e.g. maintaining a common roof to prevent damp entering . •where the tenant is given a contractual right to use another part of a building other than that let, e.g. a shared bathroom, the landlord is under an obligation to maintain that part for use by the tenant. •the landlord must maintain facilities necessary for use by the tenant, e.g. lifts, rubbish chutes etc. Because the common parts are considered to remain within the landlord's control, tenants are not required to give the landlord notice of disrepair before the obligation to repair arises within the common part. If remedial works necessitate access to parts of the building or installation over which the landlord does not have a sufficient right to gain access, it is a defence to an action for breach of section 11 to show that s/he made all reasonable efforts to gain access but has been unable to do so. GAS & ELECTRICAL APPLIANCES: Landlords are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances (and any flues and pipework serving such appliances) are maintained in good order and that an annual safety check is carried out (although landlords are not responsible for maintaining gas appliances which the tenant is entitled to take with him. Further information is given in a separate factsheet (Letting Factsheet No. 7) Similarly, the landlord is required to ensure that, prior to any letting, the electrical system and any electrical appliances that are supplied as part of the rented property such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use. Further information is given in a separate factsheet (Letting Factsheet No. 4) FIRE SAFETY OF FURNITURE AND FURNISHINGS: Any furniture and furnishings supplied by the landlord within the rented property must meet the fire resistance requirements in the Furniture and Furnishings (Fire)(Safety) Regulations 1988 and most modern furniture will have a manufacturer's label attached to it which identifies whether the particular item meets the relevant standards. The Regulations apply to all furniture, both new and second-hand that is provided in rented accommodation although there are exemptions for items made before 1950. Further information is given in a separate factsheet (Letting Factsheet No. 3) FITNESS FOR HUMAN HABITATION: The fitness for human habitation rules under the Housing Act 1985 have been replaced by the more extensive and complicated provisions of Part 1 Housing Act 2004. These provide a new system for assessing housing conditions and enforcing housing standards called the Housing Health and Safety Rating System (or HHSRS for short ). Action by authorities will be based on a three-stage consideration: (a) the hazard rating determined under HHSRS; ( whether the authority has a duty or power to act, determined by the presence of a hazard above or below a threshold prescribed by Regulations (Category 1 and Category 2 hazards); and © the authority's judgement as to the most appropriate course of action to deal with the hazard. This provides for a scoring system for different types of hazard likely to be found in rented properties. A 70 page guidance to this new scheme for landlords, agents and other housing professionals has been published by the Department of Communities and Local Government, the successor to the much lamented Office of the Deputy Prime Minister, and is available on the DCLG web site at http://www.dclg.gov.uk. This is a suggested process from the Guidance that a landlord could adopt to minimise the chances of any unacceptable hazards. 1. Inspect property Room-by-room, checking elements, fixtures and fittings. Check common parts (e.g., stairs and shared rooms and amenities). Check outside the building, looking at the external elements, and the yards/gardens and paths. Record any deficiencies, disrepair or anything else that may give rise to a hazard. 2. Deficiencies Hazards Check if any of the deficiencies and faults contribute to any one or more of the 29 hazards specified in the Guidance. Do deficiencies - (a) Increase the likelihood of a harmful occurrence? or ( Increase the severity of the harm? 3. Remedial action/work Decide what needs to be done to remedy deficiencies and to reduce risks as low as reasonably practicable. Work out a timetable for having works done. Some action may be very urgent where an immediate risk to current occupiers is identified, others may be less urgent. 4. Keep Records Record the programme of works. Record date when works finished. 5. Review Check that hazards have been removed/minimised. Re-inspect property. (How frequently this needs to be done depends on the age and type of property, and whether there has been any change of occupants. Some elements or facilities will need to be checked more frequently than others or when required by law (e.g., gas appliances) or by an accreditation scheme.) repairing obligations When renting a residential property through an Assured Shorthold Tenancy the landlord is responsible for certain repairs to the property, including the structure and exterior of the property. The landlord is required to keep the equipment for the supply of gas, electricity and water in a safe and good working order. The tenant must ensure the property is kept clean and carry out any minor maintenance repairs as well as any other responsibilities which may be stated in the tenancy agreement. The Landlord and Tenant Act 1985 The Landlord and Tenant Act 1985 sets out the rights and responsibilities of both landlord and tenant. Section 11 of the Act sets out who is responsible for repairing a property whilst it is being rented. The Landlord and Tenant Act 1985 refers to all short leases for residential property and tenancies agreed for a period of less than seven years i.e. Assured Shorthold Tenancies. Short leases cover periodic tenancies where the tenant has no fixed term agreement but rents the property on a weekly or monthly basis. This Act came into effect on 30th October 1985 and applies to all short leases (of less than seven years) and periodic tenancies. The Act states that where a short lease of less then seven years or periodic tenancy is in place then the landlord is responsible: (a) to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes, ( to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and © to keep in repair and proper working order the installation in the dwelling for space heating and heating water . (Section 11, Landlord and Tenant Act, 1985) Exceptions to the Act The Act also sets out exceptions to the repair duties where the landlord is not responsible: (a) to carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part, ( to rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident, or © to keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house. (Section 11, Landlord and Tenant Act, 1985) The Landlord's Responsibilities The landlord is required to keep the property in good repair throughout the tenancy, so that it remains up to the standard it was at the start of the agreement. If the property was not in good repair at the beginning of the tenancy the landlord may be required to repair these aspects. However, ‘to keep in repair’ does not refer to the landlord having to make significant improvements to the property, to suit the tenant. Interior The landlord is responsible to maintain installations for the supply of: Water Gas (servicing once a year by a registered CORGI gas fitter) Electricity Sanitation Space heating and heating water This would include cisterns, radiators, boilers, heating ducts, water tanks, baths, sinks and all the pipes for gas and water as well as electrical sockets and wiring throughout the property. Exterior and Structure The landlord is responsible for the exterior of the property and any structural repairs that may be needed, but this excludes garden walls, gates and outdoor paving. The landlord would be required to repair any structural problems to the property which may occur. This could include damage to the: The roof The guttering Drains and exterior pipes Exterior walls Windows and doors (only as a result of structural problems, not damage by the tenant) The landlord is not required to repair any interior problems such as internal plaster, internal doors or skirting boards, unless these are affected as a result of the exterior of the property not being in a good repair. In these circumstances the landlord would be required to ensure these aspects were restored to good working order, had they been affected by the poor exterior of the property. The landlord would not be held responsible for any breakages caused by the tenant not abiding by the forms of the agreement and not using the property in a 'tenant-like manner'. For example, a broken window would not be the landlord’s responsibility to repair. Notice of Repairs Under the Landlord and Tenant Act 1985, the landlord is not required to carry out repairs until the tenant reports the defect. The notice of repairs can be given verbally or in writing, but it is preferable to issue a written notice as proof of the landlord being made aware of the repairs required. The tenant must then give the landlord sufficient time to carry out the necessary repairs. If repair work fails to be carried out by a landlord, the tenant will be required to show proof of the notice given in order to put forward a claim. Letters to the landlord notifying them of the state of disrepair or a letter from the landlord agreeing to repair the property can be used as proof when making a claim. However, if the landlord does not wish to carry out the repairs the tenant feels are required, they may choose to evict the tenant at the end of the fixed period. For more on making a claim refer to the section on Court Action. The Tenancy Agreement Tenants’ responsibilities for repairs can differ and be specific for each particular tenancy, so it is important that at the start of the agreement the tenant understands what repairs they will be required to carry out. The landlord can not avoid any legal responsibilities relating to repair, which are stated in Section 11 of the Landlord and Tenant Act 1985, for example, by writing in the tenancy agreement that the tenant is responsible for the gas supply. A landlord may choose to issue a tenant with other responsibilities, such as maintaining the garden, as this is not a legal responsibility of the landlord. If unsure whether the terms of repair and maintenance in the contract are legal and fair, it is advisable to check them before signing and agreeing to the terms of the tenancy. If no written tenancy agreement is in place, or the responsibilities for repairs are not made clear in the agreement, the landlord is still legally responsible for carrying out certain repairs to the property, as stated in Section 11 of the Landlord and Tenant Act 1985. See section on The Landlord and Tenant Act 1985. If the landlord equipped the property with certain appliances at the start of the property they may be responsible for maintaining these and replacing them if they are faulty. However, this would depend on what was agreed at the start of the agreement and how important such items were to the tenant when agreeing to the tenancy. A tenancy agreement may give details as to whether the landlord or tenant is responsible for repairs or the replacement of certain appliances. The Tenant's Responsibilities Tenants also have responsibility for maintaining certain aspects of the property, such as the garden, furniture (which must be fire resistant) and any equipment supplied by the landlord. The tenant must ensure the property: Is clean Is not damaged by themselves or anyone else Is not smoked in by themselves or others Is looked after and general maintenance is carried out such as changing fuses, light bulbs and unblocking sinks if required. That the heating system is used responsibly, ensuring that no vents are blocked. If the tenant chooses to renovate or change the existing equipment in the property without the landlord’s permission, such as the central heating, and problems to the structure or interior of the property occur, it would not be the landlord’s responsibility to repair any damage caused. If a tenant causes any damage to furniture or the interior of the property then the landlord has a right to charge the tenant for any repair work carried out or replacements needed, through deducting damage costs from the deposit. Furniture and Equipment Equipment and furniture supplied by a landlord should be safe and in good working order. Upholstery items should be fire resistant and carry the fire safety standards label. If a piece of furniture is no longer working or unfit to use as a result of everyday wear and tear, then the landlord is required to replace or repair the item. The unsafe equipment or furniture should be reported to the landlord, who will then decide if it is worth repairing or if it would be more viable to replace the item. The landlord cannot charge the tenant or withhold the deposit for items which are unusable due to everyday wear and tear. However, if a tenant has damaged a piece of furniture or equipment through improper use or carelessness then the landlord is allowed to charge the tenant for the damage or withhold all or part of the deposit. Electrical Appliances All electrical equipment provided by a landlord must be safe and in good working order. The landlord is responsible for repairing any broken or faulty electrical items. However, the tenancy agreement may state that the landlord is only responsible for certain electrical appliances, so it is important that the tenant is familiar with the terms of the agreement. The tenant is always responsible for repairing any electrical items which they own and have brought with them to the property. Decorating The tenant would not normally be required to re-decorate the property at the end of the tenancy unless stated in the agreement. If the property’s interior decoration had been damaged the tenant may be required to re-decorate the property, or the landlord may retain some of the deposit to cover re-decoration costs. If a tenant did want to re-decorate the property they should always seek the landlord's permission first and find out what changes they are entitled to make. If the property is in need of decoration as a result of normal use and wear and tear then the landlord is responsible for re-decorating and should not retain any of the tenant’s deposit. Communal Areas and Gardens With regard to communal areas such as the entrance to a block of flats, the landlord would normally be responsible to maintain these areas of the property. The landlord would normally have a shared responsibility for these areas with the other flat owners. A tenant may be responsible for maintaining the garden, if this is stated in the tenancy agreement. However, if it is not mentioned in the agreement then it would not be the tenant’s responsibility. Dampness If a property is damp as a result of leaking pipes, a damaged roof or wall or an existing damp-proof course which is no longer effective, then the landlord would be responsible to carry out the necessary repairs. Dampness in a property may be caused by condensation due to poor heating, insulation or ventilation and in these circumstances the landlord would be required to resolve these problems. In such instances the local Environmental Health Department could be involved to ensure the landlord takes the recommended action to eliminate dampness. The property may be visited by an Environmental Health Officer who will assess the property and make recommendations to the landlord for repairs to be carried out. If the dampness in the property is as a result of condensation through tenants not drying clothes properly or improper use of heating and windows then the landlord would not normally be responsible to re-decorate as a result of the dampness. Carrying out repair work Normally a landlord will carry out or organise for repairs to be done, but in some circumstances they may refuse to do so. This could be due to the tenant being responsible for the damage. In such circumstances the tenant needs to get the landlord’s permission to carry out any repair work. In some cases the landlord may accept responsibility for the repair work but be happy for the tenant to arrange for the work to be carried out. If the landlord agrees that the work is needed and is happy to pay for it, then the tenant may request this in writing before paying for any repairs. A landlord may require that a tenant gets a few estimates before agreeing for repair work to start on the property. Any repair work carried out or organised by a tenant must be done properly and to a reasonable standard. Disruption If repair work to the property causes serious disruption to the tenant then they may be able to claim a reduction in the rent for that period of time, known as rent abatement. This is claimed after the repair work has been completed. The rent reduction depends on how much of the property the tenant was unable to have access to whilst the repair work was being carried out. Alternative Accommodation If repair work to the property is extensive then the tenant may be asked to move to alternative accommodation. If a tenant refuses to leave the property for repair work to take place, then the landlord can only ensure they leave the accommodation by evicting them, or seeking a court order. However, if the tenancy has not ended, then it may be possible for the tenant to claim back the alternative accommodation costs from the landlord. Court Action If a landlord fails to carry out the repair work which they are responsible for then the tenant may try and obtain a court order to ensure the work is carried out. However, this process is costly and time-consuming. Before taking court action a tenant should firstly: Check the tenancy agreement to find out who is responsible for the repair work. Notify the landlord in writing of the repair work required, if they are responsible for it. For more information see Notice of Repairs. Give the landlord sufficient time to carry out the repair work required. Allow the landlord access to the property to inspect the problem and organise a suitable time for repair. Hope this helps? N My fingers are burning off now!!!!! Quote Link to comment Share on other sites More sharing options...
Ekona Posted January 17, 2011 Share Posted January 17, 2011 Give that man a medal, top post Quote Link to comment Share on other sites More sharing options...
Bockaaarck Posted January 17, 2011 Share Posted January 17, 2011 Jed that is awesome, top effort Quote Link to comment Share on other sites More sharing options...
Sam Mcgoo Posted January 17, 2011 Share Posted January 17, 2011 Very useful post. Please tell me you cut and pasted that lot. Quote Link to comment Share on other sites More sharing options...
Jed Posted January 17, 2011 Share Posted January 17, 2011 Very useful post. Please tell me you cut and pasted that lot. Some of it pasted but on advice, rest dictated from wife who is a law student! Quote Link to comment Share on other sites More sharing options...
rtbiscuit Posted January 18, 2011 Share Posted January 18, 2011 bloody good effort Jed Quote Link to comment Share on other sites More sharing options...
Husky Posted January 18, 2011 Author Share Posted January 18, 2011 Husky, quick question, was your deposit for where you were renting ever registered with one of the government approved Tenancy deposit protection schemes and were you informed that it was registered with one of those schemes in writing? yes it was and thats why he cant just steal it back off me the house is rented through a letting agency. The landlord at every turn has refused to let them sort anything out leaving us all in a sticky situation. I did go onto the letting agencies website and get the people who are the governing body for them (i forget who it was) told them the situation. they said they can request the letting agency to send me a copy of the complaints procedure, which they did and i recieved. im now in the process of compiling all the information into one bible sized book and attaching it to the complaint letter which means i will be dealing with the director of the letting agency. (a) to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes, the windows of the property were f***ed and i repeatedly told them they needed sorted. the drainage had root ingress which there is photographic evidence of from inside the pipe, LL refused to correct this even when told it would be free Rights of Entry:It is an implied term of all Housing Act assured tenancies (and also of Rent Act protected tenancies prior to this) that the tenant will afford the landlord all reasonable facilities for access and the execution of any repairs which the landlord is entitled to carry out (Housing Act 1988, s.16). When the landlord is under an implied covenant to repair, he, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. he breached this to fit the new shower (which took him 5 months to get round to doing ) Reasonable Time:Once the landlord has received notice of the disrepair, the repairs must then be done within a reasonable time. "Reasonable time" will be judged by the type and extent of the disrepair. The bigger and more expensive the repair necessary the longer the time period would probably be. Note, however, that where the repair necessarily is in the nature of an emergency (e.g. where the fault is a burst or broken water pipe or a total electrical failure) then "reasonable time" may be very short indeed regardless of any other considerations. Even where it is something less urgent, such as missing roof tiles, the landlord should use reasonable expedience and a delay of a week or two should normally be acceptable. Where the disrepair involves major structural works, these take time to arrange and co-ordinate and the landlord would be justified in taking longer. this one was broken oh so many times, no, infact EVERY time! months and months late for everything if he ever did bother resolving them. DAMAGES: The aim of damages is to restore the tenant to the position he or she would have been in had there been no breach of repairing covenant. The amount of damages awarded will depend on the circumstances of the case, and the true losses suffered by the tenant. A compensation award to a tenant might include the cost of the tenant carrying out the repairs on the landlord's behalf, the cost of restoring internal decoration, compensation for the inconvenience of living in premises that were out of repair, compensation for injury to health, the cost of moving to and occupying alternative accommodation, and the cost of storing furniture. this sounds like a tricky job to figure out exactly what the compensation to me would be is this something an outside body would do? SET-OFF / SELF HELP: Tenants sometimes withhold rent on the basis of using the rent to pay for repairs that the tenant claims the landlord should have carried out, but generally the tenant has no legal right to set-off in this way. However in certain circumstances, a tenant may use the rent to pay for repairs or offset rent arrears where the landlord has clearly breached a repairing obligation and has failed or refused to carry out the repairs. This right is provided only in the circumstances outlined above and when exercised according to a clearly defined procedure; the tenant must inform his landlord that he intends to carry out the repairs himself and submit any estimates, in order to allow the landlord a chance to carry out the works himself. as far as witholding the rent goes, i put it against the lack of washing machine. I was without a washing machine for 2 whole months when i informed via email that i would be deducting the cost of 2 months washing from my last rent, if the washing machine is not replaced in the last month (making a total of 3 months without one) then i would keep the lot to pay for the cleaning i have had to do myself. So its not like i just generically and without warning held the rent, i gave them a months notice and they said NOTHING about it, no disagreement or anything. •the landlord must maintain facilities necessary for use by the tenant, e.g. lifts, rubbish chutes etc. does this cover an overgrown driveway where a gardener is employed by the LL? it got so bad i had to go cut it myself, im not opposed to doing it but it felt silly seeing as it was meant to be done by someone being paid for it Landlords are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances (and any flues and pipework serving such appliances) are maintained in good order and that an annual safety check is carried out (although landlords are not responsible for maintaining gas appliances which the tenant is entitled to take with him. Further information is given in a separate factsheet (Letting Factsheet No. 7) ANNUAL!!! i had no annual check!! he "supposedly" had one done when i moved in although both me and the letting agent are off the record sceptical its genuine. basically i moved in and requested a copy of it. the letting agent didnt have it and it took a month to produce. Similarly, the landlord is required to ensure that, prior to any letting, the electrical system and any electrical appliances that are supplied as part of the rented property such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use. Further information is given in a separate factsheet (Letting Factsheet No. 4) the washing machine was a f'ing death trap with sparks and leaks and i told them as much in an email. and the most important bit at the bottom, jed thankyou thankyou thankyou thankyou, i owe you a pie, or a cake, or a pint, or something Quote Link to comment Share on other sites More sharing options...
Jed Posted January 18, 2011 Share Posted January 18, 2011 No Probs Husky! If you need any follow up or clarification on any of the points then i can tell you that too! Just for anyones info? Wife is the above advisor as its her domain. I am a Union and employment LDC (District Council) So if ya need advise on Employment, Tribunal, disciplinary, Rights, H & S,etc...just ask? Quote Link to comment Share on other sites More sharing options...
Husky Posted February 11, 2011 Author Share Posted February 11, 2011 Ok guys thought i'd throw a thread revival update in for this one Just received a letter that went like this Further to our recent telephone conversations I have now had opportunity to review the file relating to the most recent tenancy of 31 Stoneleigh Road. The tenant, Mr Husky, took occupation on the 19th May 2009 and vacated the property on 3rd December 2010. It is apparent from the files that there have been a number of issues regarding repairs required at the property, defective appliances, drain issues and the gardener burning garden waste adjacent to the building. Following the completion of the tenancy it was apparent that the tenant had failed to clean the property properly and a month’s rental had been withheld. It is apparent that repairs have been notified to you on many occasions, the majority of which do not appear to have been rectified. As a result of this the tenant withheld rental at the end of the tenancy in order to obtain some form of compensation. It is evident that there are issues on both sides and because of the lack of response from both parties time has now elapsed excluding the matter from resolution by the Tenants Deposit Scheme. The matter now needs to be resolved. As I see the case, the tenant is claiming the following:- - Payment for drain clearance in December 2009 £154.70 - An amount equivalent to a month’s rental in compensation for a lack of a working washing machine which resulted in the necessity to use the local launderette. Your claim I understand to be:- -One month’s rental £515.00 -Cleaning costs £199.20 inc VAT Thus you wish to claim £714.20 whilst the tenant is asking for a reduction of £669.70, leaving a balance due from the tenant of £44.50. It is apparent that there are responsibilities on both sides, I would suggest that as a method of resolution, the sum of £44.50 is deducted from the bond and paid to you and the balance of the bond returned to the tenant. I would appreciate your confirmation that this is acceptable to you. I confirm that a copy of this letter is being forwarded to the former tenant requesting his confirmation that the arrangement is acceptable to him and the matter resolved. Yours sincerely Captain Letting agency man I don't know why i picture him to be a pirate, I just do So all in that means... 1) I dont have to repay the last months rent I missed = £515 2) I get my 750 quid deposit back less £44.50 I can live with that. and all I had to do was ignore the whole thing entirely with my fingers in my ears singing LALALALA LA LA LA LALA LA PROCRASTINATION WIN!! Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.