Ongoing repairs in rented property
Discussion
Hiya all,
I was hoping I could get some advice regarding our current situation.
We had a terrible leak start at the beginning of December last year from the flat above ours. This caused the lighting to go which couldn't be fixed until the leak stopped five days later.
Ultimately, once the leak was stopped and the lights back on, we were left with a soggy kitchen and bathroom and all our stuff was in the living room. Considering this was our first xmas since getting married, clearly we were very upset by all this.
At the time, the damage assessors/building contractors advised us and the landlord that dehumidifiers were needed to dry everything out before mould formed. Despite us emailing and calling the landlord to chase this up, he ignored us and come Jauary, our kitchen was full of mould.
Now the builders have arrived and lo and behold they have pulled up all the flooring, put dehumidifiers in and said they won't be able to start work until 2-3 weeks. To add to this that he refused that we would have to leave during the works, he doesn't give us updates on what will happen unless we ask for them and we barely get 24 hours notice when the work people will be coming.
So far our landlord has offered us a total of £150 (18%) off the rent for the week where we had to get take outs when we had no lights (which we accepted) and £150 off for January (which we have so far not accepted). Considering these amounts are the same albeit for different reasons and the consequential delay was his negligence, what are my rights for requesting a larger deduction?
We have also asked whether he would allow for a lesser notice period so we can leave and find somewhere else but he has refused this.
Please can I have some advise as this has been so unpleasant and our landlord just doesn't seem to have any sense of urgency.
Thanks
I was hoping I could get some advice regarding our current situation.
We had a terrible leak start at the beginning of December last year from the flat above ours. This caused the lighting to go which couldn't be fixed until the leak stopped five days later.
Ultimately, once the leak was stopped and the lights back on, we were left with a soggy kitchen and bathroom and all our stuff was in the living room. Considering this was our first xmas since getting married, clearly we were very upset by all this.
At the time, the damage assessors/building contractors advised us and the landlord that dehumidifiers were needed to dry everything out before mould formed. Despite us emailing and calling the landlord to chase this up, he ignored us and come Jauary, our kitchen was full of mould.
Now the builders have arrived and lo and behold they have pulled up all the flooring, put dehumidifiers in and said they won't be able to start work until 2-3 weeks. To add to this that he refused that we would have to leave during the works, he doesn't give us updates on what will happen unless we ask for them and we barely get 24 hours notice when the work people will be coming.
So far our landlord has offered us a total of £150 (18%) off the rent for the week where we had to get take outs when we had no lights (which we accepted) and £150 off for January (which we have so far not accepted). Considering these amounts are the same albeit for different reasons and the consequential delay was his negligence, what are my rights for requesting a larger deduction?
We have also asked whether he would allow for a lesser notice period so we can leave and find somewhere else but he has refused this.
Please can I have some advise as this has been so unpleasant and our landlord just doesn't seem to have any sense of urgency.
Thanks
I'm not fully sure what you're trying to say. Your post becomes very unclear / poorly worded about halfway through.
As I understand it there was a leak in the flat above into the kitchen.
Has the kitchen been out of use since the leak?
Although dehumidifiers are a good mechanical way of drying out an area they aren't essential. Cranking up the heat and opening the window would have worked just as well. Any additional heating costs would (in the real world) be easily claimable off a landlord without too much hassle (seeing as there has been an offer of compensation made by the landlord).
If you just closed the kitchen door and left it for the month then you're just as much responsible for the mould as the landlord is. This is not said in a nasty or mean manner.
What is the problem? Is it that you don't have a kitchen and you want it fixed. Or is it that you want to leave the property and get out of your tenancy agreement early? Or is it that you want to leave the property and return once the kitchen is fixed?
Without knowing what the problem is and what you want as a resolution then there could be a lot of pointless advice given.
What are the dates of the tenancy (start and finish)? What's the monthly rent? As I read it, £150 is 18% of the weekly rent, is this true? Where is the flat, is in England or Wales?
You may also want to try the forum over at landlordzone.co.uk
There's loads of information to read about repairs etc... and there's a fair few experienced and knowledgable landlords willing to advise you.
Bear in mind though. The person responsible for the whole issue is the flat upstairs. With this in mind I don't see how your landlord has been negligent and caused delay.
As I understand it there was a leak in the flat above into the kitchen.
Has the kitchen been out of use since the leak?
Although dehumidifiers are a good mechanical way of drying out an area they aren't essential. Cranking up the heat and opening the window would have worked just as well. Any additional heating costs would (in the real world) be easily claimable off a landlord without too much hassle (seeing as there has been an offer of compensation made by the landlord).
If you just closed the kitchen door and left it for the month then you're just as much responsible for the mould as the landlord is. This is not said in a nasty or mean manner.
What is the problem? Is it that you don't have a kitchen and you want it fixed. Or is it that you want to leave the property and get out of your tenancy agreement early? Or is it that you want to leave the property and return once the kitchen is fixed?
Without knowing what the problem is and what you want as a resolution then there could be a lot of pointless advice given.
What are the dates of the tenancy (start and finish)? What's the monthly rent? As I read it, £150 is 18% of the weekly rent, is this true? Where is the flat, is in England or Wales?
You may also want to try the forum over at landlordzone.co.uk
There's loads of information to read about repairs etc... and there's a fair few experienced and knowledgable landlords willing to advise you.
Bear in mind though. The person responsible for the whole issue is the flat upstairs. With this in mind I don't see how your landlord has been negligent and caused delay.
Edited by mk1fan on Tuesday 8th February 18:58
Edited by mk1fan on Tuesday 8th February 19:12
Under Section 11(1)(a) Landlord and Tenant Act 1985 (LTA), 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. “To keep” means that there must have been some form of deterioration before the Landlord is liable to repair, and in your case disrepair has occurred. Section 11 is a legally enforceable obligation under which Tenants are entitled to compensation.
You may either negotiate compensation, request your landlord to find you alternative, temporary accommodation, hotel, flat, house etc., or an early surrender of your tenancy, the same without or with financial accommodation.
The OP's Council's Environmental Health Office will serve an enforcement Notice on the landlord, registering the property uninhabitable, so use this source of information by informing the landlord of your intending action. Living in damp accommodation with mould growth presence, is a serious health issue, particularly for a young developing child.
As an earlier poster mentioned, dehumidifiers should be used in conjunction with heating and ventilation, the former only being used about 2 hours a day, other wise they start drawing moister
from outside.
You may either negotiate compensation, request your landlord to find you alternative, temporary accommodation, hotel, flat, house etc., or an early surrender of your tenancy, the same without or with financial accommodation.
The OP's Council's Environmental Health Office will serve an enforcement Notice on the landlord, registering the property uninhabitable, so use this source of information by informing the landlord of your intending action. Living in damp accommodation with mould growth presence, is a serious health issue, particularly for a young developing child.
As an earlier poster mentioned, dehumidifiers should be used in conjunction with heating and ventilation, the former only being used about 2 hours a day, other wise they start drawing moister
from outside.
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff