Landlord not fulfiling obligations - what next?
Landlord not fulfiling obligations - what next?
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MitchT

Original Poster:

17,089 posts

233 months

Saturday 5th March 2011
quotequote all
Moved to a rented house recently on a private letting basis...

12 Feb - got keys. Landlord said that the boiler was not holding pressure and someone would be "round on Wednesday".
Wednesday came and went. Nothing.

20 Feb - Actually started living in house and noticed that temperature of shower was constantly fluctuating between hot and cold when in use.
Contacted landlord. "Someone will be round on Thursday or Friday".
Thursday and Friday came and went. Nothing.

28 Feb - Landlord turns up with Plumber who replaces a part on boiler (while we are at work and without giving the 24 hours notice that we are allowed if someone wishes to enter the property in our absence). Boiler now holding pressure but temperature of water through shower is still fluctuating as it was originally. OH is now experiencing a skin irritation as a result of exposure to rapid temperature changes. Landlord contacted via e-mail and asked to arrange for the problem to be rectified immediately.

1 Mar - Landlord replies and says he'll "arrange for it to be sorted asap"

5 Mar - Still waiting.

How long does this have to go on before we can refer it to a higher authority, and what higher authority is there for us to refer it to?

Crafty_

13,862 posts

224 months

Saturday 5th March 2011
quotequote all
Phone, and follow up with email/written letter. Agree a time period (5 days?) for the problem to be fixed, or you start withholding rent.

MitchT

Original Poster:

17,089 posts

233 months

Saturday 5th March 2011
quotequote all
I've already investigated via the government website and withholding rent isn't an option except as a last resort. If you withhold rent prior to that stage you are in breach of your letting agreement and can be evicted. There is a process which has to be observed...

1: Give landlord a chance to fix problem.
2: Obtain quotes for getting problem fixed yourself.
3: Notify landlord and give final chance to fix problem before getting it fixed yourself.
4: Bill landlord for cost of getting problem fixed yourself.
5: Withhold rent if reimbursement isn't forthcoming.

In all cases it talks about 'reasonable' timescales, but doesn't make it clear what a reasonable time is to allow the landlord to act.
It doesn't make it clear who to report the situation to if a solution is not forthcoming. It does mention the local council, but more in terms of breaches of health & safety whereas this is more an issue of comfort.

We would rather avoid steps 2-4 because the whole point of renting is that you're paying someone else to sort stuff out for you. If we wanted the hassle of having to do everything ourselves we'd buy a place.

mk1fan

10,856 posts

249 months

Saturday 5th March 2011
quotequote all
Phone the LL and give him a date by which to fix the shower - I assume this is a mixer shower - and notify them that if it's not fixed then you'll arrange for it's repair and deduct the cost from your rent.

Follow it up with an e-mail or letter.

If it's not fixed then get someone in to fix it and deduct the money from your next rent payment(s).

Quickest and easiest solution to your issue.

Wings

5,935 posts

239 months

Saturday 5th March 2011
quotequote all
mk1fan said:
Phone the LL and give him a date by which to fix the shower - I assume this is a mixer shower - and notify them that if it's not fixed then you'll arrange for it's repair and deduct the cost from your rent.

Follow it up with an e-mail or letter.

If it's not fixed then get someone in to fix it and deduct the money from your next rent payment(s).

Quickest and easiest solution to your issue.
Absolutely agree with the contents of your post, although in the case of the shower receiving attention/repair, I do not consider there has yet been an unreasonable delay.

I had a similar situation recently with one of my tenants, first a report of the boiler breaking down, then when the gas engineer called, the tenant to raise the problem that the ELECTRIC shower was not holding the water temperature. With the engineer not being qualified to deal with the electrics, this then entailed a further engineer's call out.

For information only, the OP might be interested to know that reduction in water pressure will affect the water temperature, pressure through the mains, other users within the building, block of flats etc., including a dirty filter within an electric shower.

Lastly, “ reasonable/reasonableness” a value that differs between ALL of us!!