Help with dealing with Letting Agent please
Help with dealing with Letting Agent please
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ali_kat

Original Poster:

32,142 posts

245 months

Friday 25th March 2011
quotequote all
I have reported a number of times since August that the plaster work around one of the windows in the kitchen has a leak in it when it rains, further that it is going black with mildew, further that it is coming away from the wall; I keep being told someone will come and look at it.

In November, I told them that the thermostat has broken in the shower – 2 plumbers have been round & confirmed this, and that it is too old to be fixed so will need a new shower. This is under investigation...

As Christmas, one of the pipes in the toilet downstairs froze and cracked, resulting in a small, but constant leak. Despite reminders about this, nothing has been done.

Last September, an electrical inspection was done. And the light in the bathroom was deemed to be illegal (it was one of the old type with a heater around it. Week commencing 14th February, the Electrician removed the light fitting, leaving the ceiling rose exposed, a hole in the plaster and wires exposed. First I knew about this was getting home Friday night to find it gone! Then a voicemail on the home phone asking it it were okay for the Electician to carry out remedial work that week - they know that I work abroad and the only number they should use is my mobile!

I keep being told that this will be ‘looked at’. If the original fitting was illegal, surely this is more so?

On the Saturday, it was discovered that the Electrician had moved the sofa bed in the study in order to get to the fuse box. He didn’t need to (well, not unless he was built like Giant Haystacks!). In moving the bed he has irreparably damaged it. I have sent photos and it is ‘being looked into’.

Can anyone suggest how I can get the Agent to actually fix these?

Do I go straight to the Landlord?

Do I threaten to go to the Landlord?

pugwash4x4

7,654 posts

245 months

Friday 25th March 2011
quotequote all
First thing to do is to right to them setting ot all the problems, detailing how long they have had to repair them etc.

Then give them a reasonable time to resolve them- say 14 days.

Don't threaten anything, just give them 14 days.

Then see what happens.

It IS possible to withold rent if repairs aren't made, but its slightly tricky, and leaves you open to court action leading to eviciton- you CAN defend the action and will probably win, but its not the best way. if you do withold rent you must keep it in a seperate account to prove you actually made a conscious objection, rather than just being too skint to pay!

Youcan also get the work done yourself and deduct that from the rent- but again you will have to shown that you gave the landlord a chance to fix the problems, and that you tried to mitigate losses as far as practicable.

pugwash4x4

7,654 posts

245 months

Friday 25th March 2011
quotequote all
Some text from the CAB in respect of rent off-set:

Give the landlord notice of the disrepair and a reasonable time to remedy it

• Inform the landlord (preferably in writing) that s/he will do the repair her/himself unless the landlord complies with her/his obligations

• Allow a further reasonable period for the landlord to do the work

• Obtain three estimates for the cost of the work from reputable builders

• Write to the landlord again, enclosing copies of the estimates and reminding her/him of her/his obligation to do the work, giving a further reasonable period to carry it out. The letter should warn that, otherwise, the tenant will do the work her/himself and deduct the cost from rent

• If there is no response, arrange for the contractor who gave the lowest estimate to do the work, and obtain (and send to the landlord) receipts, with a request for payment

• If the landlord does not pay, the tenant may deduct the cost from the rent (but not other charges such as service charges), then send the landlord a breakdown of the amount and period of the rent to be withheld.

The tenant, they add, should avoid running into rent arrears before taking this action. If, however, the landlord takes court action for arrears and/or possession, the fact that the tenant has had to pay for repairs can be used as a counterclaim to the proceedings

Wings

5,935 posts

239 months

Friday 25th March 2011
quotequote all
As other posters have already advised you Ali Kat, send a letter to the letting agent, making referral to your previous communication/correspondence over the disrepair, stating that unless the repair is completed within 14 days, you will be forced to commission your own contractors to carry out the repair/works, and deducting the costs for the same from your next rental payment/s.

Also please note that under Section 11(1)(a) Landlord and Tenant Act 1985, Landlords have an obligation to “keep in repair the structure and exterior of the dwelling-house”. Due to the duty they owe to Tenants, they must repair the defect to the structure/exterior of the property which is resulting in damp. Section 11 is a legally enforceable obligation under which Tenants are entitled to disrepair compensation.


scenario8

7,658 posts

203 months

Friday 25th March 2011
quotequote all
Hi,

good points made above but I'd like to underline the benefit of contacting the landlord as well as the agent. You may be surprised (probably not) how inefficient many agencies are and the landlord may be totally unaware of any problem. Of course, that is no panacea as the LL may be a tit, or a company with no sense of duty or customer service. I'd give it a go anyway.

Wings

5,935 posts

239 months

Friday 25th March 2011
quotequote all
scenario8 said:
Hi,

good points made above but I'd like to underline the benefit of contacting the landlord as well as the agent. You may be surprised (probably not) how inefficient many agencies are and the landlord may be totally unaware of any problem. Of course, that is no panacea as the LL may be a tit, or a company with no sense of duty or customer service. I'd give it a go anyway.
Agree, and the opposite extreme advice is for the OP to take the matter up with their/her local council’s environmental health department, who can enforce legal action against the landlord to implement repairs.

I recently had a tenant take the above course of action against me, and from the outset of receiving the tenant’s initial complaint of damp within the property, I have installed extractor fans, trickle vents on widows, to no avail of settling the tenant’s complaints.

The OP rental property damp issue could possibly be through poor sealant around the window frame, or cracked exterior render, and whilst both can be repaired, the interior plaster will also in part have to be hacked off and re-plastered.

These repair issues with landlords, can destroy a landlord-tenant otherwise good relations, so the OP might want to move forward via the landlord first, before taking the extreme course of action/advice posted by myself and other posters.




ali_kat

Original Poster:

32,142 posts

245 months

Friday 25th March 2011
quotequote all
I've written to the Agent several times, today I did so again, this time pointing out that the bathroom light is in fact illegal.

I have NO desire to fall out with my actual LandLord, I love the property and do a lot of improvements (with his permission) at my own cost.

The only difficulty is the Agent, the originals were 'taken over' 12 months ago and standards have slipped since.

Mark Benson

8,264 posts

293 months

Friday 25th March 2011
quotequote all
scenario8 said:
Hi,

good points made above but I'd like to underline the benefit of contacting the landlord as well as the agent. You may be surprised (probably not) how inefficient many agencies are and the landlord may be totally unaware of any problem. Of course, that is no panacea as the LL may be a tit, or a company with no sense of duty or customer service. I'd give it a go anyway.
I'd second this. As novice landlords we used an agency when we first put the house up for rent. All was fine for a couple of years until the (small, 2 man) agency was taken over by a (large, well known) chain. We had one tenant complaining to the agents who told him his issues would be fixed but told us nothing about it (while continuing to take their percentage, naturally). When the tenant finally contacted us out of despair, we sorted the issues the next day and sacked the agents at the same time.

We have never used agents since.

ali_kat

Original Poster:

32,142 posts

245 months

Friday 25th March 2011
quotequote all
Surprise! Someone is cling out on Monday after I made a call to the office to talk to someone "about the illegal state that my bathroom has been in for a month"

Let's see what happens wink

ali_kat

Original Poster:

32,142 posts

245 months

Monday 11th April 2011
quotequote all
So, FINALLY, the hole in the ceiling has been fixed.

However the shade has not been replaced, and upon questioning this because i think it is illegal (easily within splashing distance of the shower!) their Electrician has said it is not rolleyes So Friday night I'll be up there with the IEE Regulations, a camera & tape measure frown

Resolution of the Sofa Bed is still ongoing frown

Nothing has been done with the other remdial works frown

The property was originally rented through another lcoal firm that have been taken over in the last 12 months, since then, standards have slipped dramatically. I am seriously at the point of asking the Gardener for the Landlords 'proper' address to write & let him know!

Wings

5,935 posts

239 months

Monday 11th April 2011
quotequote all
ali_kat said:
So, FINALLY, the hole in the ceiling has been fixed.

However the shade has not been replaced, and upon questioning this because i think it is illegal (easily within splashing distance of the shower!) their Electrician has said it is not rolleyes So Friday night I'll be up there with the IEE Regulations, a camera & tape measure frown

Resolution of the Sofa Bed is still ongoing frown

Nothing has been done with the other remdial works frown

The property was originally rented through another lcoal firm that have been taken over in the last 12 months, since then, standards have slipped dramatically. I am seriously at the point of asking the Gardener for the Landlords 'proper' address to write & let him know!
There should be a shade covering the bulb, i don't like the thought of steam/moisture shattering the bulb whilst you are underneath taking a shower.

Also one can find the Landlord's address by searching the online Land Registry web site, cost £4.

ali_kat

Original Poster:

32,142 posts

245 months

Tuesday 12th April 2011
quotequote all
Exactly my thoughts! biggrin

Thank you thumbup

The Guy actually lives next door, but he's never there! Hence the Gardener will tell me which address to use for him smile