Landlord Obligations / Regulations – The Law

mjl wrote this on 2009-02-19 18:02:03 Does a landlord have to supply double glazing if you live in a rural place 1

Jessica wrote this on 2009-07-24 11:42:45 Does anyone know if you are legally obliged to fit a mains connected smoke alarm if your property was built pre 1992? Everything I can find on the internet says that you just have to have a working smoke alarm, battery or mains connected but my agents are now saying otherwise. They have already seen my electricity safely certificate which my flat passed with no mention of having to have mains connected one and now they are saying I need to get one fitted. The tenants are moving in tomorrow and the flat is in Cardiff, so some good advice would be welcomed! 2

richard bailey wrote this on 2009-08-05 15:15:38 there are 3 of us renting a house from a laldlord we do not have access to the central heating as he says you dont need it yet is this legal?? also he enters the house whenever he likes not our rooms though well not that we see anyway is this legal?? HE ENTERED THE OTHER DAY AND HAD AGO AT JOE FOR LEAVING A DIRTY PLATE IN THE SINK AND 4 EMPTY CANS ON THE DRAINING BOARD IS THIS LEGAL?? WHAT DO WE DO TO STOP THIS BEHAVIOUR WITHOUT BEING THROWN OUT OF OUR HOMES@@ 3

The Landlord wrote this on 2009-08-05 16:09:26 Hey Richard,

A tenant has the right to live in the property without being disturbed. They have the right to have control over the property so that the landlord and other people cannot freely enter whenever they want to.

A landlord cannot limit or otherwise interfere with a tenants right to live in their accommodation or they could be found guilty of harassment.

Your landlord is breaking the law, and going against your rights as a tenant. 4

Jools wrote this on 2009-08-05 18:53:17 Jessica, check Cardiff Councils website for their requirements for private rental houses. Cant remember where it is in there! 5

Jools wrote this on 2009-08-05 18:58:10 Jessica - check out http://cardiffpropertylettingagents.co.uk/cardiff-property-legislation.html

Jools 6

bridget keville wrote this on 2009-08-13 14:45:23 I own a flat and the flat above me is tenanted. The floorboards in the let flat, which is above my bedroom, have become extremely noisy and causing me great disturbance.

I have written twice to the owner of the flat and the letting agency but do not get any response.

Can anyone advise me what action I can take to enfore the owner to have his floorboards repaired.

With many thanks for any comments you may have on this matter 7

Sarah wrote this on 2009-08-19 08:46:05 My gas boiler packed up 7 days ago leaving me with no hot water or heating (thankfully I do not need the later). Prior to this it (amazingly) passed a health check in January. Since then water has leaked from the pipes onto the circuitboard, the pressure has been too low, then too high, then the pilot light went out every time I ran a bath. Called landlord umpteen times and he bodged it himself. Eventually (7 days ago) after running a bath, pilot light went out and gas leaked from the boiler, filled my kitchen, caused me sickness and headaches all night. Landlord visited 9pm, bodged it again. Plumber came the next day and said boiler should have been written off 3 years ago. Landlord advised me he would not mess about and would get me a new boiler. 7 days later he has done nothing, I am having freezing showers, boiling the kettle to wash up and so on. I have rung him, texted him, and got someone else to ring him on my behalf and he has still done nothing. Please could you advise me? Surely I shouldn't have to put up with no hot water for a week without the landlord even making an effort to rectify the situation? I don't suppose for one minute he will be reluctant to claim my rent at the end of the month! 8

Sarah wrote this on 2009-08-19 08:47:42 PS - I have investigated the obtaining of boilers myself - they are available on the shelf, ready to collect, in my town, so there can be no excuse that he is having trouble obtaining one (which is one of the things he has tried fobbing me off with). 9

Elena wrote this on 2009-08-27 08:08:12 Hi, we rent a flat in a newly developed estate fully furnished, not cheap. So, curtains in our bedrooms are thin and light [magnolia] and let the morning light through hence we cannot enjoy our sleep in brightly lit bedrooms from as early as 5am.
Another thing, we are not allowed to put any fixtures on building exterior. So, they equipped all flats with satellite tv cable, 6 flats on 1 communal dish. 1! cable only, sky requires 2 otherwise Sky+ does not work. Agency advised us if we want to enjoy full sky service we need to collect between us, occupiers of 6 flats, £400 + £70 each in order to fix the second cable. In last year we witnessed tenants moving in out at least 2-3 times in other flats, we are the only ones staying this long. How, on Earth, are we getting this fixed, ever? We are getting stressed from sleep deprivation and utterly frustrated when we cannot fully enjoy the services we pay for. Sky not only does not record simultaneously to watching another channel, + feature, but needs swapping of cable connection points when it looses the signal because second lead is missing. Agent is dismissive to these problems and would not even discuss it with the landlord. Is there anything we can do? Please do not suggest moving out, it costs. If we had extra ££ we would. 10

Jools wrote this on 2009-08-27 09:59:41 @ SArah - report your Landlord to Gas Safe - the regulatory body. If he has botched the work he should be prosecuted.

@Elena - put your own curtains up! Keep original ones to put back up when you leave. Not rocket science.

Regarding Sky - it's not the landlords responsibility to provide you with, what some people would consider, the luxury of Sky +. If your AST says he will provide you with Sky/Cable then that is what he is doing. If you want more you are going to have to pony up the dough otherwise tenants could demand Sky be changed for Virgin media or freeview depending on how the mood took them. Not surprised the letting agent is not bothering the Landlord. If you think the Lanlord is obliged either legaly or otherwise to provide you with blackout blinds or other curtains to provide a minimum lux value for your bedroom then I am sorry - you are mistaken.

What if he put up curtains and you did not like the colour? Is he going to have to change them each time you wake up and think - Ooh - I don't like them any more................

Get a life. Get real!

Jools 11

Jools wrote this on 2009-08-27 10:10:55 @ Brigete: The best way is to have a chat with the person above. You could eventually have a chat with the nuisance people at your local council but that would be a last resort.

It depends on whether the entire flat above needs doing or just a single room over say a bedroom where you would expect to get restful sleep.

You could ask the person upstairs to come down and have a listed whilst someone else mooches about but again - jaw jaw is better than war war!

Find out if the letting agent is a member of ARLA. If yes complain to ARLA about your letters not being replied to. Also send letters recorded/special delivery to Agent/LAndlord so they can't say they have not received them.

Depending on when the flat was built there are building regulations regarding noise (acoustic) intrusion and also fire rating that have to be adhered to. The council will have experience in dealing with this - give them a call.

Hope this helps

Jools 12

Elena wrote this on 2009-08-28 07:41:29 @ Jools.
Thank you for your kind comment. Looks like you [property managers] have no concept of intelligent management and no idea of good practice. Remember, product/service has to be fit for purpose [bedroom, I tend to sleep in mine, what do you do?] If I do find extra ££ I will rather move out of this place than invest into someone's property fitting cables for 5 other flats [this is what you have suggested, plus, if you took time to research/consult on TV providers/installation, once it is there there is no need to make any further changes in hardware/cabling if one wants to change providers]. It is just evident that this kind of manager is only there for his pay and is not accountable for customer satisfaction/retention.
Best of luck to you. 13

Jools wrote this on 2009-08-28 08:02:17 Elena - if a room has a bed in it - ie a bed room then it is fit for purpose. Some people like a light bedroom some dont, some like blackout blinds some dont, some prefer vertical blinds some dont, some prefer lined curtains some dont - do I need to go on? How the hell is the Landlord supposed to ensure that everyones tastes and foibles are catered for? As I said - buy your self some curtains and take them with you when you move. They really are not expensive if you look around.

Ah - the sale of goods and services act. Dont quote me "fit for purpose"!You will be claiming that your human rights have been breached next!! You had the opportunity when you looked around to ask about the curtains and judge whether they would keep out the light. If they are that thin I would have thought it would have been obvious that they would not and you should have asked at the time, before committing yourself to the place, if the curtains could be changed. Dont go blaming others for your own lack of insight. As for what I do in my bedroom - I would rather spare The Landlords blushes and not say - but it does involve a certain amount of nudy prod fun.

Regarding the Audio Visual - So move out then! If you are willing to move out just because you cannot get Sky + then you really need to get a life! You are getting the service you pay for - basic Sky - if you want Sky plus you are going to have to pay for it like everyone else. If I want Sky HD - I have to pay for it!

I have to say that you sound a bit of a nightmare and I can only be thankful you are not in one of my houses - sorry!

Jools 14

Elena wrote this on 2009-08-28 16:58:36 Hi Jool, trust me, feeling is mutual. You went personal, very unprofessional. Bed only - that's cheap, not my case, I pay enough to ask for money's worth. Have you heard of hotel ratings and difference in standard?

And I do pay for Sky+ HD, just need the second cable installed, which I am not allowed to do myself. But they are happy to accept full payment from me for the complete installation for the whole block, meaning agency will be providing better service at my expense. Not doing that.

Stop blabbering.

I do understand my request is not conventional and landlord/agency has no obligation to provide me with blinds and wiring. However, back to good practice and management skills, it is discretional and shows poor administration on their side. Remember, that people keep on moving in and out? Oh, yes, agency gets to keep the key money and the like charges. Now I get it , you just not interested in long term. Thanks, my question is closed.

Grow up.
Best.
Elena 15

Elena wrote this on 2009-08-28 17:14:48 To Bridget

Where the responsibility for repairs is solely the neighbour's, the complainant should approach her/him to discuss the repair problem. This could be backed up if necessary by a letter indicating that the complainant has consulted a Citizens Advice Bureau or a solicitor.

Alternatively, it may be possible to approach the environmental health department.

In cases where neighbours may be breaching public health or pollution legislation, the local authority environmental health department can be approached. This would include cases of statutory nuisances and vermin. There is legislation covering water and air pollution and the control of noise.

An environmental health officer will usually contact the neighbour and attempt to resolve the matter informally. If this fails, a notice may be served on the neighbour, requiring the abatement of the nuisance. This means s/he is required to stop, or deal with, the nuisance. If the notice is not complied with, proceedings can be taken against her/him in the magistrates' court. The client can also complain direct to the magistrates' court, if s/he wishes.

Local authorities have extensive powers to deal with noise nuisances. The complainant should ask the Environmental Health Officer to come out and investigate the noise. In some authorities, these officers operate a service covering evenings and weekends and agree to come at very short notice. They are able to measure the decibel level of noise and to give an expert opinion on how it rates as a noise nuisance. The local authority has a duty to inspect its areas for statutory nuisances, to investigate any complaints made, and deal with any noise which is a statutory nuisance.

If the officer has been unable to resolve the matter informally and considers that there is a noise nuisance, the authority must serve an abatement notice on the person causing the noise or the owner or occupier of the property. This notice should say what the nuisance is and will either require that the nuisance be stopped or limited or require that specific works are carried out to prevent or lessen the nuisance.

Best
Elena 16

Jools wrote this on 2009-08-29 07:22:11 Elena - if you don't want an honest and open opinion then don't post your question on a public forum, especially on this one, where if you had been bothered to read any of the other sections you would have seen that honesty and openess is the order of the day. This site does not suffer fools gladly but where possible we will spend time trying to help those with worthwhile questions. They may not always like the answer but at least it is honest.

I have many long term tenants who are, thankfully, realsitic in their requests and expectations and in return receive an excellent and prompt service.

Why did you pay for something without first establishing whether your current configuration met the required standards?

Elena - you sound like and intelligent person but please add in a modicum of common sense to your argument.

Sorry - your logic is flawed throughout your ramblings.

Jools

PS - I still think you are bonkers! 17

Elena wrote this on 2009-08-29 08:14:56 Jools, I thought we were clear. I am more than happy to accept an honest and impartial answer like 'no, there is nothing in any regulations that can help you' However, a personal go at me like 'get a life' is far from being a real answer.
As to inspecting the property, sleep deprivation is accumulative and would show after months of exposure. Re Sky problem, it took 3 receivers and 5 engineers to figure out why it looses signal. Sky is a collection of different signals from different satellites transmitted via their own satellite, but each signal retains original properties and Sky receivers designed to save time on tuning frequency and polarisation for every next channel to view, it simply uses the second input instead. Very simple and logical.
Our property was developed just less then two yeas ago. Developers made a bad decision when planning, it would cost pennies to put two cables instead of one inside the walls compare to doing it now, when all finished and furnished. They want to preserve good looks of this up-scale estate and do not allow people to make any improvements. They already have couple of court cases going on on various issues.

Best,
Elena 18

Jools wrote this on 2009-08-29 14:19:30 Elena,

am I missing something here?

You say sleep deprivation is cumulative BUT surely you would have known the curtains were crap after the first night/week?

Also regarding Sky - you now say that "it took 3 receivers and 5 engineers to figure out why it looses signal"! Forgive me for saying this, but I have checked back through your first and second post, and you made no mention of this at the start. You were complaining about there being no second cable NOT a technical issue. Not sure what you are on about regarding your statement about Sky as it dones not read well. The Sky + box has two tuners that receive the encrypted signals from the quad LNB. That is why you can watch one channel and record another or record two chanels and watch a recorded prog.

You say the developers made a bad decision when planning the install. Developers do not care. If YOU or I were building the perfect house WE would include all the distribution lines HOWEVER the whole point of property developing is to make as much profit as you can whilst limiting the costbase. IE you are only going to do the minimum amount you have to. I agree with you that it is not very forward thinking BUT the whole point of business is to make a profit. As I have said in my previous posts, the developers cannot possibly take into account everyones individual requirements - if they did we would all have UPS devices, satellite broadband for those occasions when normal broadband is down or running slow, freeview for when the Sky LNB packs up - it's just not reasonable.

You should have asked if Sky + was catered for before you moved in!

Jools 19

Elena wrote this on 2009-08-30 07:10:33 Ah Jools.

Yes, I knew that. I did not know how it will effect our health over time.
And yes, I did say I needed second cable in my first post. Even twin LNB would suffice.

Max profit would be from consistent full occupancy, not flats staying empty in between occasional tenants move in and then, disappointed, leave somewhere else.

Anyway, well done and thanks for taking time to dig into my case so deep.

Best,
Elena 20

Hannah wrote this on 2009-09-13 17:14:57 Hello,
i am seeking advice from anyone who knows the answer. I am not well educated in the obligations that Landlords should abide by in the cleanliness and appearance of a new property for new tenants moving in.

Anyway, i moved into my new rented apartment last week to find that the whole place needed cleaning the carpets were severly stained and things such as clean painted walls are not one of our luxuries as we still have hand marks from the previous tenants visable everywhere (inlcuding above my bed).

when viewing the apartment (which may i say is beautiful but needed cleaning) we stated that the stained carpet/sofa must be addressed and changed before we were to move in and that a good general clean would need to be made also, so that the apartment was fit for us to live in. These terms were accepted and so we signed the agreement/contract to become tenants of the property.
When we moved in last week, it appeared clean at first until we looked in basic things like the cooker and under the sofa cushions (sofa still stained covered with a blanket) ciggerette burns, marks, bad stains on all carpet throughout entire apartment and basically the place is not in the shape you would expect for paying £950 a month.

Spoke to our landlord, as our new aparmtent is not managed by the letting agency, and she said they didnt have enough time to replace carpets, rugs, paint all walls before the agreed tenancy date of moving in, "surely they should have stated a later move in date and not the date stated, if the aparmtent wouldnt be ready to a sufficient standard"
I am not a fussy person but expect a clean property including carpets and no ciggerette burns in rugs or carpets when moving in. I recently also found dog hairs on my clothes from the previous tenants and therefore now believe whether the apartment was really cleaned properly at all before.

If anyone has any advice please would you point me in the right directions as to where i stand and what a property being let for a minimum of 6-12 months should be like when moving in.
Is there standards? Is there any Landlord Obligations to general cleanliness, including clean walls/cookers and carpets for new properties for let??

Any help and advice would be muchly appreciated as my Landlord has made out to me that i am being fussy. Surely they should have replaced stained (revolting)capets and sofa's before new tenants move in and surely i shouldnt have to clean old hairs fromunder sofa cushions from previous tenants either...

HELP!! 21

Elena wrote this on 2009-09-14 08:09:21 Good morning Hannah,

Search the Internet for 'Section 11 of the Landlord and Tenant Act 1985: the landlord's main obligation to repair'

However, unfortunately there is nothing that can help you directly. I do sympathise with you and at a first glance the only issue I could pick up from you story is if you are allergic to pets fur then it comes under Statutory nuisance.

A statutory nuisance under the Environmental Protection Act 1990 occurs when premises are 'in such a state as to be prejudicial to health or a nuisance'. This means that conditions constituting statutory nuisance are likely to be having an effect on the tenant's health or safety.

Prejudicial to health means that the state of the property would cause people living in it to become ill or the health of sick people living in the property to deteriorate further. Health is not defined in the Act, but can be interpreted widely and can include mental and physical health and stress from living in bad housing. It is not necessary to show actual damage to health, but merely that there is a likelihood or probability of such damage.

Additionally, as you mention you made a point before moving in, if there is a written tenancy agreement, there may be terms relating specifically to the landlord's obligation to repair. If there is no written agreement, what has been agreed orally will be legally binding, although this will be more difficult to prove.

The tenant should make a written description of the disrepair and collect the following evidence:-

proof of when the landlord was notified of the problem, for example, a copy of a letter, photographs, expert evidence, for example, from surveyors or environmental health officers, medical reports, if the disrepair is affecting the health (including stress) of the tenant, details of any costs incurred as a result of the disrepair.

The tenant will need detailed evidence.

I would make a distinction between agents and landlords, it may be that the actual landlord is not even aware of the condition of your flat. So before you take any steps against landlords, make sure that: If the landlord is responsible for doing the repair, the tenant must first make sure that s/he gives the landlord reasonable notice that the repair is needed. S/he should put her/his request in writing and keep a copy.

This is not a very strong case, you may need a specialist advise, NHAS or solicitor, and cost you more then hire cleaners yourself. There is a way to use rent to pay for repairs, or to offset the cost of repairs against arrears, the tenant must carefully follow (in order) certain steps.

Good luck to you,

Elena 22

Jools wrote this on 2009-09-14 17:27:51 Sounds like a dodgy landlord Hannah!

It is difficult now you have moved in to really do much except learn from the fact and keep on at the landlord. He obviously does not think much of you as a client if he has not cleaned the carpets etc and obviously has no pride in his accomodation.

If you got the bit about having the carpets replaced, house cleaned to x standard all well and good. have the stuff done and then send him the bill. If not then you are going to have to try to get him to replace the stuff/get the faults sorted. Whhat you could do is send him a letter stating that you are dissapointed that he has failed in his promise etc and that you will give him 21 days (or what ever) to get the matter sorted after which you will take further action.

You have to be REASONABLE and I say it again REASONABLE at all times so that if it does go further then you can not be accused of being nit picky or unreasonable in your requests.

There is no real standard of clean - however there is of hygeine. Was there an inventory taken before you moved in? If not then in theory YOU could be charged for the damage in the future. Take pictures (not digital though as there are legal issues if being used in court as evidence unless it is a RAW file) with the date superimposed with a data back.

You are paying a lot of money so stand your ground!

Jools 23

Jools wrote this on 2009-09-14 17:28:45 Oh yes - I agree with Elena above!

Jools 24

Klara wrote this on 2009-09-16 14:21:16 Hi,
I have been renting a flat for just under 1 month - various problems when I moved in (mouldy blinds supposed to be replaced before I moved in etc) and then noticed that my shower is broken - not temperature adjustment, so stuck with cold showers only. First informed lettings agency who manages it on 29th September, phoned a few days later and they claimed to know nothing about it. Eventually got a workman round, said a new part required and that he would order, kept chasing agency who kept saying they were trying to deal with it, now over a week after workman's visit I find out that the provisional date for it to be fixed is 25th September!!
Lettings agency is not a member of Property Ombudsman scheme - is there any action that I can take, as the flat has (for one reason and another) been unliveable since I moved in??
Does a working shower come under the legal requirements of provision of water/sanitary services or not??

Many thanks,

Klara 25

Paul wrote this on 2009-10-14 15:37:19 My landlord has taken my gas boiler apart and removed the thermostat and vent and reassembled it as it wasnt working properly. Is he allowed to even touch a gas appliance?? 26

twattybollocks wrote this on 2009-10-15 10:19:24 No he is not unless he is a Gas safe registered engineer.

report him to Gas Safe via their website http://www.gassaferegister.co.uk/

TB 27

twattybollocks wrote this on 2009-10-15 10:21:25 Here is a better link

http://www.gassaferegister.co.uk/help/report_an_illegal_gas_engineer.aspx 28

johnny wrote this on 2009-10-26 06:42:18 Hi I'm afraid this problem is a bit complicated. My son is a tenant and was attact by a so called "friend" who also smashed a window and stole his TV. He had to flee his flat and is now staying with family. To protect the rest of his stuff we had it placed in storage and the window repaired. While he is away the landlord has gained entry to the flat, re-decorated and re-carpeted throughout (not required)and sent us the bill. There has been no notice to quit and the tenancy has now been ended. He has managed to "con" the release of the deposit from my wife. So far as I am aware he intends keeping this and is demanding payment for the work on the flat. Can anyone help? 29

Elena wrote this on 2009-10-26 08:41:21 Hi Johnny,

it does not feel right. Notice is a mandatory thing. Re-read the tenancy agreement, is there any clause that may be used to say that your son has breached it? Get all documents together, witnesses to damages or, contrary, witnesses of no damage, bills for replaced window and go to, say, CAB who can look though them and if need be make a free 30 mins appointment with a solicitor.

Good luck,
Elena 30

twattybollocks wrote this on 2009-10-26 08:53:35 Sounds like a case of illegal evicion to me. Take some legal advice! 31

johnny wrote this on 2009-10-27 16:03:14 Thanks Elena and T.B. this looks too big for me....I'm off to my brief....cheers 32

gabriella wrote this on 2009-11-06 15:42:13 hi,

i'm writing in on behalf of a friend who is having a hard time with her landlady.

her and her partner (both in their early 20's) are living in a flat with a damp problem. the landlady asked them to sign a separate piece of paper (unconnected to their actual lease) stating an agreement by them to leave their windows open in the day to help alleviate the damp problem. she has also told them they are not allowed to use (or even to own) a clothes horse for drying clothes inside the house and the only place they are allowed to dry clothes is the one 6 foot long washing line in the communal yard.

further to this she has repeatedly dropped little notes through the door commenting on the lack of open windows as well as asking them to leave windows open at night as well as in the day, giving them the impression that she is spying on them. (as you can imagine they are feeling fairly harassed by this behavior!)

i understand that this landlady wants to keep her property in good repair but to my knowledge a damp problem is a structural issue and therefore her responsibility, (is this not the case?) and no amount of open windows will help this especially in winter when the air is too cold to dry anything out anyway.

i'm very concerned for my friends' health as well as their gas bills. this issue is putting unnecessary stress on them both. they have already had several colds and rarely get a decent nights sleep. my friend has no idea how to handle this and, due to a recent promotion at work, is finding it hard to find the time to seek advice herself.

if anyone could help it would be greatly appreciated

thanks

gabi 33

Elena wrote this on 2009-11-06 16:06:06 Hi Gaby,
here you go:
What is disrepair
This document deals with situations of disrepair and other unsatisfactory housing conditions. These situations may cover something which is broken and requires fixing or replacing, for example, a leaking roof or a broken toilet bowl, or something which is not broken, but is not working properly, for example, a defective lift. The document also deals with situations where there is no actual disrepair in the sense of damage or malfunctioning, but where the conditions of the property are such that they affect the tenant's enjoyment and well being, for example, insect infestation, dangerous layout of a room, condensation or dampness, or where the property needs structural improvements to bring it up to a reasonable standard.
Legal position
A tenant has a legal right to have some of these problems remedied. The tenancy agreement will normally set out which works are the landlord's responsibility and those for which the tenant is responsible. Even if the tenant does not have a tenancy agreement, s/he will still have basic rights set out in statute and in common law. The local authority may also be responsible for carrying out some works or for making sure that the landlord carries them out.
There is not always a straightforward definition of what types of remedial works are covered by the law and which must therefore be carried out by the landlord or the local authority. This area is subject to continuing interpretation by the courts. Ultimately what is a repair or a condition which the tenant has a right to have remedied may depend on the individual circumstances of the case.
If a client has little security of tenure, trying to enforce legal rights to repair may put the client at risk of being evicted. Before advising a client on her/his right to have a repair done, it is essential to find out her/his housing status.
Repair The landlord's obligation to repair only comes into operation when there has been damage to the structure and/or exterior which requires it is made good. The landlord is therefore obliged to put right something that has gone wrong, or which does not work in the way it was intended to work. The landlord's obligation under section 11 can also cover putting right a defect that results from an inherent or design fault, for example, replacing a damproof course which had been laid in such a way as to cause dampness; providing a WC cistern; replacing missing expansion joints; or underpinning where there is subsidence. Whether the landlord has to provide a different thing from that which was originally contracted for will depend upon the individual circumstances of the case. Relevant factors may include what proportion of the premises are affected, the cost of the works and the age of the property.
Structure and exterior There is no precise legal definition of this. The structure includes outside walls and windows, frames, ceilings, roof and foundations. It can be argued that it also includes external doors and windows, including the glass. If the landlord disputes that this is the case, specialist advice may be needed. It does not include internal wall plaster or decorations as such, but if these are affected by disrepair to something for which the landlord is responsible under this section, for example, disrepair to an external wall leading to penetrating damp, the tenant may be able to use section 11. The exterior of the building means the outside or external parts of the dwelling.
Tenant taking action for nuisance
Nuisance is defined both in common law and by statute (see below).
Common law nuisance
Common law nuisance occurs when a person's quality of life is adversely affected because of another person's act or omission.
If disrepair in another part of the property which is under the control of the landlord or disrepair in common parts of the property causes a nuisance in the tenant's premises, s/he could take action for nuisance in the county court. Compensation under this course of action may be obtained for damage to the tenant's belongings but not for injury to the person. Action can only be taken by someone with a legal or equitable interest in the property, which means the tenant could usually take action (her/his interest in the property is the tenancy s/he holds) but not somebody else, such as a visitor who suffered because of the nuisance, or the local authority on the tenant's behalf.
Statutory nuisance
A statutory nuisance under the Environmental Protection Act 1990 occurs when premises are 'in such a state as to be prejudicial to health or a nuisance'. This means that conditions constituting statutory nuisance are likely to be having an effect on the tenant's health or safety.
Prejudicial to health means that the state of the property would cause people living in it to become ill or the health of sick people living in the property to deteriorate further. Health is not defined in the Act, but can be interpreted widely and can include mental and physical health and stress from living in bad housing. It is not necessary to show actual damage to health, but merely that there is a likelihood or probability of such damage. Examples of the types of conditions which may constitute statutory nuisance are:-
dampness
leaking roof
rotten floorboards or window frames
condensation, etc
Condensation Condensation can constitute a statutory nuisance if the cause of it is an imbalance of a number of factors: the structure of the property, whether the heating system is appropriate to the structure, the system of ventilation, and what use is made of it. An Environmental Health Officer will be able to advise on this.
Taking action about statutory nuisance
There are two routes a tenant can take if s/he thinks the condition of her/his property constitutes a statutory nuisance:-
tenants of private landlords or registered social landlords can get the local authority to take action. The tenant should contact the local environmental health department first. If s/he is a local authority tenant, s/he cannot usually get the local authority to take action against itself. Many Environmental Health Officers, however, serve 'informal abatement notices' on their own local authorities. A local authority tenant could therefore use the procedure below. A local authority tenant could also, in some circumstances, contact the Health and Safety Executive - see next paragraph
tenants and licensees (whoever their landlord is) can also take the landlord to court themselves. They can apply to the magistrates' court for the statutory nuisance to be stopped and/or claim compensation if they have suffered an injury as a result.
Occupier takes court action about statutory nuisance Anyone in the property who is aggrieved by the statutory nuisance can go to the magistrates' court to try and have it remedied. This includes licensees and may include visitors. The occupier can ask for any work which will abate the statutory nuisance, including improvements to the property. Action will not necessarily always be taken against the landlord - see warning below.
Remember that the tenant is liable for costs and civil legal aid is not generally available for taking such cases to court, although s/he may be eligible for civil legal aid under Legal Help. As this is criminal law, the rules of evidence apply, and the wrong has to be proven beyond reasonable doubt. A tenant thinking of taking a case to court should seek the help of a specialist housing advisor or solicitor.
There is more text, let me know if it is any helpful, if you need more I'll post. 34

twattybollocks wrote this on 2009-11-06 16:57:35 Hey Gabi,

OK - here goes.

Damp comes in two forms usually.

Rising damp comes (as in the clue in the title) from the ground upwards and is usually prevented from entering the property by the damp proof course. It can usually be seen as water stained plaster/wall paper and usually stops about 18 inches above the floor level. Some older properties do not have them and are injected with a proprietory substance to prevent the damp rising.If the damp is on the ceiling - it is not rising!!

The other form of damp is usually seen as black mould and is formed due to poor ventilation. This can be prevented by using extractor fans in the bathroom & kitchen, insulating the loft well and increasing the temperature in the property. It is caused by warm air hitting cold surfaces/voids and condensing into water vapour (thinks clouds but indoors). This is the most common form of 'damp' and the tenant does have some responsibility in that when they see it forming it should be wiped off using a antibacterial cleaner or fungicide.

The landlady cannot say you cannot use a clothes horse! It is an unfair contract term. It is upto her to ensure the house is ventilated by using the above methods and she is required by law to ensure the health and safety of her tenants. Sticking notes through their door is harrassment and breaches the "quiet enjoyment" clause of the AST.

Opening the windows will not cure the damp problem and could make it worse since the cold surfaces will get colder during the winter and encourage more damp/mould. In my properties I have weep/trickle vents on all the windows that allow air to enter the room. They are superglued open so they cannot be closed.

Contact your local councils private rented housing department or look up their website - they should have leaflets on damp and what to do about it. The landlady (if found to be in breach of the councils regulations regarding damp/mould) may be given an enforcement order to remedy (or at least improve) the situation.

Remember there are two types (usually) and it is important to understand which is which. If rising damp it is upto the LAndlady/property owner to sort out. If black mould then it is a joint responsibility.

My advice - shut the windows and turn up the heating. (Do not use calor gas fires as this will make matters worse). Find another property with a more reasonable landlady!

Twattybollocks 35

jane mcluckie wrote this on 2009-11-06 20:25:27 I have been living in a rented flat for over a year.. it is only electric but doesnt have electric heating all i have is a could of plug in heaters, is that legal? 36

gabriella wrote this on 2009-11-07 07:36:21 thank you both very much for the advice, you have been very helpful. i will pass on the information and they can take it further if they wish to.

warm regards

gabi 37

Elena wrote this on 2009-11-07 08:12:40 Hi Jane,

lets say it is not illegal. There are circa 37k homes with portable heating only, however, there is something your landlord can do. The Housing Health and Safety Rating System (HHSRS) is a new risk assessment tool used to assess potential risks to the health and safety of occupants in residential properties in England and Wales. The legislation came into effect in England on 6 April 2006.

Check links below and remember not to antagonise your landlord, there is funding available, plus it will increase the value of the property.
http://www.communities.gov.uk/documents/housing/pdf/1149883.pdf
http://www.communities.gov.uk/documents/housing/pdf/150940.pdf

Best,
Elena 38

Elena wrote this on 2009-11-07 08:16:41 Gabi,

the links above will be useful for your friends as well. Good luck. 39

twattybollocks wrote this on 2009-11-07 11:48:18 Jane,

whilst the landlord is (usually) obliged to provide some form of heating it is not legally required to provide full central heating. If there are heating sources provided and, if the landlord has provided them, they conform to the current electrical safety regulations including CE certification that is all that is required.

TB 40

Ruby wrote this on 2009-11-20 11:46:38 Hi,

Could somebody please let me know if my landlord is breaking the law ? I'm pretty sure he is.

* He demands cash from me for the rent even though after one week of moving in my flat was robbed and all the rent money gone (I believe that he had something to do with this)

* The gas boiler has got no saftey sticker on it and I have never seen certificate for it.

* He enters my flat whenever he likes to empty a electric meter which he has told me that he collects no money from when I know that I have put money in there and he is the only one with a key so he has now decided to start charging me again for electrc.

The list goes on and on ....

Thanks for your help.

Ruby 41

The Landlord wrote this on 2009-11-20 11:58:27 Hey Ruby,

1) Your landlord is entitled to ask for rent in cash. That's not illegal. It should speicify in your contract how you're expected to pay rent. As for the robbery, unless you have proof, you can't do much about it.
2) Your landlord should have gas appliances checked annually by a registered gas engineer. You should have received a copy of the gas certificate when you moved in. If he has has failed to get a gas saftey certificate, he is breaking the law.
3) In your case, your landlord is not allowed to enter the property without giving you 24 hours notice, which you must grant.

I hope that helps.
Kind regards 42

jools wrote this on 2009-11-20 13:00:40 Hey Ruby.

Do you pay your rent weekly or monthly? If weekly he has to provide you with a rent book.

Your Landlord is trespassing. He has to give you MINIMUM of 24hrs notice. As a matter of interest he is not allowed to charge you more for the electricity/gas. He has to charge you at the same price he is charged. You could ask him to install a card meter which means you pay him in advance for the pre-charged card. He does not have to enter the premises then to collect the cash.

You need to contact your local council's housing officer to make a complaint against him.

I agree that you have to prove theft. If you say no - he is not allowed to enter irrespective of whether you are there or not. If he continues to do it you would probably be within your rights under the law to change the locks especially if you feel your safety is threatened.

Hope this helps

Jools
Jools 43

jewels_1408 wrote this on 2009-11-24 14:30:28 HI All,

Hoping someone maybe able to help me. I've been living in my rented house for nearly 4yrs i've had a number of problems which has caused me many headaches as my landlord is a nightmare i either can't get hold of him (cause he's gone on yet another holiday) or when i do manage to speak to him about the problems it takes ages (longest about 4months) to get things done.

I know for a fact he's already broken the law as he does not get regular gas checks done i have to chase him every time and since i've lived there i've only had 2! however now i have an issue with the electric's which i was hoping for some advice on.

I got hom from work last night to find my control panel for the bolier is not working. First thought was the fuse so i got a brand new fresh out of the packet fuse, turned the switch off and replaced it when i switched it on it tripped and i discovered that the trip switch had gone. I called my landlord at 6pm last night and advised what had happened that i had changed the fuse and its still tripping he said he would make a call this morning and get someone to come out to me.

Now the worse thing is (and i repeated this too him a couple of times last night) that with this control panel not working i can not get any hot water or heating it was freezing last night and as yet i have not heard anything about anyone coming to have a look at the problem 2night :-(

Is there a law which states in situations like these A) electrical & B) the fact its leaving me without hot water or heating. That my landlord has to get the job done ASAP or that a tennant cannot be left without hot water/heating for a particular lenght of time?

Any help would be muchly appreciated

Thanks 44

twattybollocks wrote this on 2009-11-24 16:50:47 Hi Jewels,

sorry to hear about your issues. Not sure if it is Illegal per se as even with a British Gas boiler breakdown contract it normally takes a day to arrange a visit and then another day whilst they order the part to fit it. A couple of days I would say is not unreasonable - however if your shower etc is also powered by the boiler then that may be a different matter. I normal try to ensure that the shower is electric so if the boiler does break down at least there is somewhere to clean up!

As for your problem - if you have no boiler or you believe there to be a safety issue with the electrics I would contact your landlord again by phone and explain again that you are without hotwater/heating. Then send him a letter basically covering your calls to him. I would also say to him that unless he gets someone there to look at it by tomorrow - you will need to organise someone to call and you will send him the bill. British Gas Homecare do repair call outs I think and so do a company called Homeserve. You may have to settle with them directly and then claim back from the landlord.

Whilst you describe the weather as freezing, unless it is -5 or snow on the ground you could easily put on an extra layer of clothes so I would not go down that route!The weather is not too bad at the moment.

Give him another call - keep your cool and try to establish when the engineer will call.

Let us know how you get on!!

TB 45

Clare wrote this on 2009-12-02 11:54:37 Hello there

I currently have 2 very fussy tenants. One of them is complaining that only having blinds, not curtains, at his window, means that the heat escapes from his room too quickly.

I've looked through the legislation but can't see anything that really helps me. Am I obliged to put curtains up for him? It seems to me that the blinds provide privacy/block out light etc so do I need to put the curtains up?

It's one thing after another with these two!

Appreciate any advice,
Clare 46

jools wrote this on 2009-12-02 12:24:22 Hi Clare,

you did not say whether you supplied the property furnished or unfurnished - however there is no law about what constitues furnished, except that it normally implies that there will be a fridge and washing machine. Anything else is down to you and your tenant to negotiate. if they moved in 2 months ago and now are complaining then that is in my opinion taking the piss since they have had 2 months to contact you and accepted the fact that there was only a blind there by their silence till now.

I suppose technically that a blind is adequate to ensure privacy and if they want to ut up curtains that is upto them to supply and fit the items. If they do want to fit the curtains - then you can't unreasonably refuse their request - except you could say that you/your handyman will fit the curtain poles to prevent them making a bollocks of it!

Depends how much you like them. I know they are 'fussy' but does that include keeping the place clean and tidy, paying rent on time etc. If so then keeping them and supplying some curtains may be an advantage as opposed to having all the hassle of getting someone else in.

Be straight though - tell them you will supply a basic curtain (ie non expensive but lined) and if they want anything else ie patterned, texture, material etc they will have to pony up the dough. For my properties I use a place in Cardiff - they are excellent and they make them up really qucikly and post anywhere. If you want the number let me know. Yo may even be able to pick some ready made up at your local store - Dunelm Lill do them but I dont think their quality is too good especially since my Cardiff supplier made up 2 sets of fully lined curtains, double width and 7 foot long for under £100 - BARGAIN.

Cheers

Jools 47

jewels_1408 wrote this on 2009-12-02 19:01:51 Hi TB

Thanks for your response i finally got it fixed on Monday night whole week without hot water or heating and as the week got on it got a lot colder here :-(

After my landlords plumer came on tues (he rang just after i posted my first comment) he advised would need a new control panel but would not be able to get it that day, which i totally understand however he said he couldn't come back to fix it till Saturday due to other commitments. I immediately contacted my landlord to advise him what the plumer said and requested he get someone else to sort it earlier than saturday but his response was "he's the best and it would mean having to get someone else to come out and look at it then arrange another time to come and fit it" Not the response i wanted to hear but ok i went with it and put extra layers on.

Saturday arrived and he was due between 9am-10am (i'd txt the plumer the day before and he confirmed his time) however by 10.30am he hadn't turned up and when i rang his moblie it was switched off. After leaving a message and waiting another 15mins i tried my landlord who's phone just rang out. I tried 3 times before he answered i explained he hadn't turned up and couldn't get in touch and told him to get someone else out and txt me to let me know what time i had to be in as i had errands to do locally. After an hour i still hadn't heard back from my landlord so i rang him it took me 3hours for him to finally pick up!!!

As you can imagine i was not best pleased as it was now 3pm and the lkely hood of me getting something sorted that day was slowly fading away. I asked him if he had sorted anything and he plainly said no and told me to look in the yellow pages and sort it myself to which i advised fine but i will be deducting any payments i have to make off my rent. He agreed to this. but as it was so late in the day i couldn't do much so sunday the plumer turned up fitted the panel and we found out the pump had also gone. We went to B&Q and i bought a new pump but due to fitting problems he couldn't get it done and would have to come back monday night.

So ok its all sorted now but surely there must be something i can do for the way my landlord acted. He didn't even make an effort to sort it when i asked on a couple of occasions and if he had told me tues he was happy for me to sort it and take it off the rent i could have had it done by the end of the week!!

Appreciate any further advice you can offer as i really dont want to have to go through this again and if i know i can do something to stop him acting this way in future it would put me at ease should anything happen.

Jules

P.s - know what ure saying about the shower but unfortuntley no electric shower its one's thats connected to the taps (so needs hot water) and it actually doesn't work tried having it repaired but he handymen said it wasn't worth it! 48

twattybollocks wrote this on 2009-12-02 20:50:36 Hiya Jules,

glad to hear you finally got it sorted! Couple of options really.

1. Find another landlord when your agreement runs out.
2. Charge him for your wasted time. mileage to B&Q at £0.41 per mile + a figure for your time - say £8.00 per hour?

There are plenty of landlords out there who are good and given the state of the market you should be able to look around and find a decent place - which area of the country are you?

TB 49

Elena wrote this on 2009-12-03 07:35:31 Hiya Jools,

remember we discussed the blinds and curtains? It was just the opposite: I was the tenant and I wanted blinds. You told me to get a life and cough up and leave the landlords in peace. And now even you admit that it is all down to good will and/or lesser evil - what is to choose between paying for curtains, that will improve quality/standard of the dwelling or loose x number of rents, etc while looking for other tenants that in their turn very well could request the same thing.
And yes, it is true that curtains act as insulation. And it is true that tenants seems to have accepted the contract, however, there is a piece of regulations that says any fault may be discovered within a reasonable time. That is there was no way for the tenants to have noticed heat escaping/cold creeping in until the temperature actually dropped. Unless the landlords supplied their tenants with EPC [http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/Homeinformationpacks/Energyperformancecertificates/DG_177026] and recommendations explicitly showed curtains not needed. Or, Trading standards officers have the power to issue a fixed penalty notice of £200 for domestic properties where an EPC is not provided.
And so on, and so forth... 50

Elena wrote this on 2009-12-03 07:42:26 I wonder if curtains fall into category of draught proofing?

Landlords Energy Saving Allowance (LESA)

This allowance can be claimed by all private landlords that pay income tax, usually individual and smaller landlords. The LESA means that landlords can claim a deduction for income tax purposes (up to a maximum of £1,500) against their rental profit when they install cavity wall, solid wall or loft insulation, draught proofing or insulation for hot water systems in any property they let. This is in addition to the deduction that the Inland Revenue allows for wear and tear of furniture, fixtures and fittings (currently 10%). 51

sarah hill wrote this on 2009-12-03 11:09:36 my family moved into a property in jan 2009 the house is an old victorian house which has "4" bedrooms the 4th being a poor loft conversion with no heating.am i right in thinking that it canot be classed as a bedroom as theres no means of escape if we have a fire,also a few months ago we had the gas and electric meters changed to pre-payment meters hes now saying we have to change them back after checking with npower we were told that as the meters dont actually belong to the landlord he cant tell us to change them back until we leave the property which we said we would do anyway now hes started to be funny with us after we reported some problems with the house.we also have no smoke alarms fitted and after nearly a year we still have no gas safety certificate. 52

blue wrote this on 2009-12-14 11:15:04 can my landlords mortgage be in jerperdy if he rented out the dwelling with exposed ddgy wires through a letting agent any info would be grateful we singned tenancy beofore we saw the wiring these wires were hidden behind washing machine fridge dryer cooker we could not have moved this whilst viewing the property please email me advice illuminati32@live.co.uk 53

Birdie29 wrote this on 2009-12-15 10:17:07 Can anyone help me?

I moved into my property 2 1/2 years ago which is fully furnished. The landlord had left his beds here and the mattresses also. As the mattresses were clean and he ensured me not very old I kept it in there as I didn't have my own bed to bring.
However 2 years on, the mattress has now become extremely uncomfortable, sags in the middle and despite my repeated requests will not replace the mattress and told me to buy my own kingsize mattress to fit his base!!
His reasons for not replacing is that the mattress is only about 4 years old and had a 10 year guarantee that it will not sag and go lumpy and bumpy etc.
I do not get a decent nights sleep at all and am being increasingly frustrated with his lack of help.
Is he in the right and I'm in the wrong at thinking he is responsible? I'm confused as to where I stand.

Looking forward to some advice!
Thanks
Caroline 54

Jools wrote this on 2009-12-15 10:25:25 Hey caroline,

In theory if the matress is still under warranty then as he bought it is is upto him to either contact the supplier or let you have the proof of purchase for you to contact them.

Getting him to do so however is, as you are finding, a pain in the arse.

If he wants to keep you as a client then it should be a no brainer to help you out especially since matresses are no too expensive. On the other hand - if you want a really comfy one - buy one yourself and then take it with you when you go. At least that way you know you are getting a good mattress.

Hope this helps

jools 55

Birdie29 wrote this on 2009-12-15 10:56:15 Thanks Jools,

I will speak to him about the guarantee (apparently this was bought from his brother in law as he owns this bed company) so it should be fairly easy to sort out.
If not then I shall save my pennies and buy myself a brand new one!

Thanks for your advice, much appreciated!
Caroline 56

Tracey wrote this on 2009-12-16 10:26:02 Hello, I wonder if anyone can help me?
Just recently I have been off work with a serious illness and haven't been able to work for 2 months which as caused me to fall behind with my rent, I have put a claim in for Housing Benefit but last night my landlord came round heavy handed with a friend, kicking the door, smashed the cat flap etc and told me he wants me out for end of the month.
He only left when I threatened to call the police.

Where do I legally stand on this? 57

Jools wrote this on 2009-12-16 10:37:52 Tracey,

You are totally in the right in the eyes of the law.

First of all contact the police as a threat of harm has been made against you. Secondly call the council and let them know this has happened and ask them to contact the Landlord on your behalf. Tell them to tell him that if he comes around again you will sue him for illegal eviction if he tries to remove you without an order from the court. Is the cat flap yours? If so then he has caused criminal damage.

Even if an award is given, the only people who can remove you are court bailiffs. The Landlord is not allowed and you could still sue for illegal eviction.

Don't make yourself worse by worrying - get the council's housing office to do their job.

Hope this helps

Jools 58

mctavish wrote this on 2009-12-17 23:02:31 Hi

I have a bookshelf against the outside wall in my lounge. A few months ago, I noticed a smell - when I moved the bookshelf away from the wall, there was a wet, dark damp patch where the bookshelf had been. My landlord advised me that this was because the bookshelf was flat on the floor which did not allow any air to circulate. So, we put the bookshelf on blocks. I'm about to move to a new property and I've moved the bookshelf only to see that there are now damp patches where the wooden blocks were! Am I liable to pay for any damage to the carpet even though all I did was put a bookshelf in my lounge?!

Any advice would be much appreciated. 59

Hazyjade wrote this on 2009-12-18 18:56:48 Hello I was wondering if you could advise me.

We started renting the house in May 09. As soon as we enetered the new property we relaised the house had not been cleaned very well and we even found bits of loo roll and the cardboard bit of a tampon underneath the wardrobe. We complained as we had just spent ALL weekend ckenaing our previous property to a very high standard to ensure that we got our deposit back. I have been renting for 10 yrs and never before have I walked into a dirty house on taking residence. We were also shocked to find that teh fridge door wouldn't close properly and the freezer was completely iced up and unuseable.

We got some sypmathy by no repayment for cleaning which is what I asked for from the landlord through the letting agent. And we got no joy from the landlords regards the fridge and freezer but the letting agent "took pity on us" and got us a second hand fridge and freezer eventually (I think it was about a month after we moved in and after lots of lots of angry exchanges via phone and email.)

A week after moving in I got a phone call from the letting agent informing me that a corgi gas man was coming round to do the boiler check. I was upset that i hadn't been done prior to moving in but not surpised. And I was even less surprised to when the gas man condemned it and turned it off. After lots more angry exchanges and a very panicky letting agent saying he will find us another house (wtf!) we got a new boiler fitted.

The living room window handle was broken and we reported it on teh first day we moved in. It was eventually replaced in August leaving us unable to open the window for most of the summer.

Thankfully I hadn't had to speak to the letting agent until yesterday when I had to report that the fridge he had got us had broken down. His reaction was uspetting but expected and he basically told me it was neither his nor the landlords problem.

Having checked my contract and being surprised to find that actually they don;t have to replace the white goods (I'm frightened to use the washing machine now!)my question is this? Have I been spoilt as a tenant by my previous landlords?

Because I have never before had to replace or fix white goods and I have never walked into a filthy house on the first day. I have never had to wait for so long for repairs to be done and I have never rented a property where the gas boiler had not been checked.

We have backed down over the fridge even though the first time it was wear and tear (from before we'd moved in.) and recently it could be argued it's wear and tear as we've only had it 6mths. Who knows what happened to it before it cae to us. Anyway the stress before Xmas is too much and I only want to speak to the letting agent again when I give him my letter of notice.. They did say they would get back to me today about someone coming round to see if it could be fixed but it's 6:50 on the Friday before Xmas and no one has been in touch.

It feels better to get it all out. 60

Rich wrote this on 2009-12-28 14:26:28 Hi there,

I took on a rental property with the understanding that it was "as is" and that I am responsible for any non structural/legal repairs to the property.

Over the last 12 months, the windows (old wooden D/G) have become very rotten, to the extent where I can push my finger straight through the frame, and they are letting the wind blow straight in, making it very cold, there is also very little insulation in the loft (about 25% of whole house)so during the winter months, it is costing me around £500 on LPG PER MONTH just to keep the chill out, not keep warm. I have tried sealing the windows up with silicone etc, but it is not only the frames but the glass units that are knackered too..

So my question is this:-

Should my landlord (A large Private Estate) be responsible for repairs to the windows in these circumstances??

Kind Regards,

Rich. 61

twattybollocks wrote this on 2009-12-28 15:56:16 Rich,

how long have you been in?

why don't you move out?

If you took the property "as is" then surely you knew about the condition when you moved in as wooden windows dont just go like that! Normally landlord is responsible for windows etc but it all depends upon the AST you signed. Technically they could make you replace the windows and then issue you a notice to quit soon after if what you have described is correct.

TB 62

Elena wrote this on 2009-12-28 16:44:15 Notify the landlord
Check your tenancy agreement whether the landlord is responsible for carrying out the repair (remember to also check whether there is a group repair scheme in operation in the area). If the landlord is responsible for doing the repair, the tenant must first make sure that s/he gives the landlord reasonable notice that the repair is needed. S/he should put her/his request in writing and keep a copy.

What 'reasonable notice' is depends on the individual situation, for example, the scale of the work and the effect the disrepair is having on the tenant.

Collect evidence of the disrepair

The tenant should make a written description of the disrepair and collect the following evidence:-
proof of when the landlord was notified of the problem, for example, a copy of a letter
photographs
expert evidence, for example, from surveyors or environmental health officers
medical reports, if the disrepair is affecting the health (including stress) of the tenant
details of any costs incurred as a result of the disrepair.

Consider the options for action

Negotiating with the landlord If possible, the tenant should first negotiate with the landlord to try to get her/him to undertake the repair in accordance with her/his responsibilities.

Alternatively, the tenant could pay for and undertake the work her/himself, if the landlord agrees. Protected tenants and local authority and registered social landlords' tenants have the right to carry out improvements themselves, with their landlords' written consent. Local authority tenants have a right to compensation for improvements they carry out themselves.

If the local authority is the landlord, it may be worth checking whether the authority has included the work within its planned maintenance programme and intends to carry it out in the near future.

If negotiation fails, the tenant could take one or more of the following courses of action:-
use the rent to pay for repairs. Remember that this is a risky course of action, unless the correct procedure is carefully followed. The tenant must not simply withhold rent
take court action her/himself
get the local authority to take action
if s/he is the tenant of a local authority or of a registered social landlord, claim compensation under the 'right to repair' scheme
contact an ombudsman 63

Rich wrote this on 2009-12-29 00:52:54 twattybollocks wrote this on 2009-12-28 15:56:16
Rich,

how long have you been in?

why don't you move out?

If you took the property "as is" then surely you knew about the condition when you moved in as wooden windows dont just go like that! Normally landlord is responsible for windows etc but it all depends upon the AST you signed. Technically they could make you replace the windows and then issue you a notice to quit soon after if what you have described is correct.

TB 62


I've been in 18 months and although the windows were not perfect when I moved in they were not as bad as they are now, as for making me fit new ones then kicking me out then I'm afraid the new ones would be coming with me. Thanks for the helpful advice. 64

Hayl wrote this on 2010-01-05 16:25:02 I am renting a property via the Rent to Homebuy Scheme. Im having a bit of trouble with a situation that is, right now, beyond a joke and I am uncertain who to pin down.

I have been without any heat or hot water for 3 and a half weeks. I have had to do all of the obvious things like buying an extra electric heater and boiling kettle for baths etc. I could live with this for a week say, but now nearly a month on my patience has been tested. Can anyone interpret the grey area of the law regarding the repair of such things? And timescales? I am being passed from pillar to post which is frustrating to say the least. And also, how would I stand regarding a rent abatement? Obviously not in its entirety but to cover additional electricity used, new heater bought etc. I have spoken to mu housing association and that said that a rent abatement is out of the question?

P-p-p-please help, Im freezing... 65

Anne-Marie wrote this on 2010-01-05 18:04:51 Hi - We are letting a 3 bed house through a reputable letting agency.

We would like to know where we stand leagally about witholding rent, as we have been without heating or hot water since 27th of november, and the letting agency keep coming up with excuses (a different one each time for the same problem :S) as to why it has not been seen to.

The gas company came out last wednesday, but were unable to fix the boiler as a new one is needed, but the lanlord does not want a new boiler but wants the pipes flushing...

it is getting beyond a joke now, and weould appriciate any advice!! 66

jools wrote this on 2010-01-05 18:55:38 @Hayl: Not sure about the law regarding rent to homebuy. Might be best to speak to your local housing office at the council or a citizens advice office. If they are not doing anything it may be possible to sue them via the small claims court for any monies you spend trying to keep warm.

@Ann-MArie: ordinarrily you are not allowed to retain rent. HOWEVER - due to the very bad weather conditions at the moment there are possibly things you can do.

There are laws relating to the minimum a landlord must supply and hot water is one of them. Speak to your councils housing office tomorrow. Personally i would withold the rent and then when the landlord threatens to evict you for non payment of rent send a letter to the court stating why. Again given the current weather conditions the judge is likely to throw the book at the landlord.

Call the letting agent and state that unless they get authorisation from the landlord for a new boiler immediately you will organise one yourself and them sue them for failing to do their job and the landlord for the cost of installation and the boiler + any expenses. If you get really cold you could say that you are moving into a hotel till something is done and that you will be sending the bill to them and will sue them if necessary for the cost. Do not take no for an answer. Better still - go down there and speak to them in person and do not leave until you get a result. Speak also to your local citizens advise office.

Hope this helps

Jools 67

darren wrote this on 2010-01-05 21:37:37 hi i have moved into a flat and there is no heating at all, no radiators or anything could any1 tell me if this is legal n maybe give me a link to a website to check this many thanks 68

Elena wrote this on 2010-01-06 07:46:52 Totally agree with Jools.

One more thing, as far as courts mentioned - you need evidence you did communicate your problems to agents and landlords. Write to them and send letters registered to have their signatures they received your letters. In the letters give them deadline to respond, say 5 working days, after which you do whatever you decided to do.

To Darren, read post #38 69

Jools wrote this on 2010-01-06 11:18:47 @Darren: Just as a matter of interest - surely you knew there was no heating before you moved in? 70

Elena wrote this on 2010-01-08 16:26:36 To Darren.

Just have spoken to health and safety officer from our council - he said it's illegal to rent out dwellings without any heating, it is in minimal requirements. Landlord has provide you with some sort of heating.

Contact your council for an assessment. 71

scruffygirl wrote this on 2010-01-09 12:11:39 Hi

Could you please tell me where I stand on Inspections. I have lived in my privately rented house for about nine years. I have just had to complete a third Inventory inspection with the Landlord (he types it up new every time, several pages long). I completed one on entry as is usual, but every so often he requests we go through it all again. This has in the past taken 5-6 hours to complete as he goes through every knife and fork. I have no objections to a walk round inspection but this seems too much. The inspection I did the other day took three hours and he still has to come back to do the upstairs as I didnt have time to finish (is this considered a resonable inspection time?). There are crockery items he has asked I replace NOW and a few other things. I was under the impression that as long as they were repaired or replaced when I left the property, I had fulfilled my part. Am I obligated to repair and hand back items now? I gave him some kitchen bits back to take away. Also (I apologise if I ramble on) when he turned up the other day, after being here about ten mins, he told me he was expecting a friend to turn up to have a look round to see what needed doing. At the time I found this very uncomfortable, and after speaking to someone later that day I was told he had no right to do that with out my previous consent? Is this correct?

Apologies for going on and on, but this has really been getting me down (with many other related problems).

Your assistance in this matter would be gratefuly appreciated. 72

jools wrote this on 2010-01-09 12:19:25 You are right he is taking the piss! Tell him you feel he is breaqching your quiet enjoyment of the property. Write it down and also include a eun down of what he is expecting you to put up with. The inventory should be taken at the end.
Mwalk round inspections possibly ok every 6 months but only with you say so. If you say no he can't come in. 73

scruffygirl wrote this on 2010-01-10 13:24:45 Thank you for your response Jools, its good to know Im not whinging about nothing, and your view is very helpful.

Thanks again and Happy New Year to you.

Scruffygirl. 74

jools wrote this on 2010-01-10 13:54:33 You are welcome!

The whole point of the inventory to to make sure all the stuff there at the start is there at the finish. If you break anything then it has to be replaced. You say you have lived there for nine years? How often is he actually doing the inspections? Is it three yearly (nine years divided by three?).

re-reading your question - if it is every three years i dont think that is too bad given that he needs to make sure that all is well. i think that asking you to replace the crockery now is a bit of a cheek - i would be inclined to replace the broken pieces and then give it to him back - let him store it. They are not too expensive to buy from tesco etc now anyway!

He should really have informed you that the 'friend' was coming around previously but as he gave you the notice that he required entry it would be difficult to contest. Have a chat with him and mention how you feel - it is your house after all till your agreement runs out!

let us know how you get on!

Jools 75

Louise wrote this on 2010-01-12 12:13:09 Hi

Can anyone tell me if it is the responsibility of the landlord to service the boiler (oil) every year?
I believe this is the case, but it states in the contract that I am responsible for this. I queried this at the time of signing the contract and said I was not happy as I thought that by law he was responsible. He said to cross it out on the contract and that he would take responsiblity. I did not want to push the issue at the time because we were desperate to rent the house as I was due to give birth within days and several people had shown interest in renting the house.

Louise 76

C Smith wrote this on 2010-01-13 15:49:54 I live in a shared flat with 3 others where I rent a room. The landlady has the central heating controls locked in a cupboard and the flat is still very cold. Is there a minimum temperature the flat has to be kept at. Also, how often is she allowed to do "room inspections"? 77

Elena wrote this on 2010-01-13 18:28:04 Hi C,
it is 17-18 Celsius for bedroom and 20-22 living room.

Bare in mind that you may antagonise your landlady if you bring some sort of authority in.
You can call your council, Health and Safety, if it is very cold.

How do you pay pay for your electric? If it is included in your rent, get a small portable heater and use when in and hide when out.

Sometimes people that let rooms in their flats register them as separate dwellings, make sure if you have any TV capable equipment to pay your own license.

Best. 78

Angela wrote this on 2010-01-15 09:36:41 At my wit's end...

I rent a room in a flatshare with the landlady, the flat is located on the top floor. My room is opposite to her's with a landing in the middle.

I have two problems which I would greatly appriciate some advice on! I signed a short term tenancy agreement with her back in September for the duration of 2 months, I reminded her that it needed to be renewed which she failed to do and has never come back to me with a new one - where do I stand in regards to giving her notice and getting my deposit back?

The second problem is the flat below us. Recently the girl down stairs has opted to change her wake-up method in the morning's, before she had an alarm which I would sometimes occasionally hear, but now she has opted to having the radio wake her up at 5am which the continuance of "snoozes" in between. I dont really know the girl downstairs, but the landlady does. I asked her to have a word with her in relation to the noise as it keeps disturbing me and waking me up at 5am!!!

To my shock and amazement the landlady said I should speak to her myself, as she does not know how to address the matter (my landlady definately has a mouth on her!) to which I replied I did not feel I should have to as she is friends with the girl downstairs and could just ask her to turn down the radio as she is the owner of the property not me. My landlady then became quite aggressive and we nearly had an arguement to which I walked away.

Can you advise me if it is the landlord/lady's responsibilty or mine to address the neighbour? Is there any written legislation that landlords/lady's have to follow in relation to there responsibilites?

Sorry to have gone on, but as you can appriciate I have been up since 5am!

Angela 79

jools wrote this on 2010-01-15 11:43:13 Angela. For a start if the landlady is living in the same property she cannot use an AST! Your deposit MUSTBe protected by law in a deposit protection scheme. If she has not protected it you can claim 3x the amount. As the AST is null and void you can just go. As for the neighbour, you are as responsible for dealing with it as the landlady. Just go round, explain the problem reasonably and nicely and see what happens. Can't see her doing much though so you may need to buy some ear plugs and or move! Does the landy lady have a gas safety cert for the property as she is required to by law? Sounds like a right cowboy to me! 80

The Landlord wrote this on 2010-01-15 11:48:29 Jools is right. If you have a resident landlord an AST won't be valid. You'll be either an unprotected tenant or licensee, I suppose. 81

Paula wrote this on 2010-01-20 10:40:40 Hi,i wonder if i could get some advice please.
Myself,my husband and our 4 children live in a privately rented 4bed flat and we have been here 2 & half years.
Last thursday jan 14th our boiler just packed up,its very old and was just a matter of time really. We rang the guy that would usually deal with it (ill call him P)but as he was on holiday our landlord quickly arranged another guy to come and look at it (J) which was great. Now for the problems....
To cut it a lil shorter...i was very shaken up when J informed us that the boiler had been leaking carbon monoxide for god knows how long and that the draughty windows had probably been our saviour.His exact words were 'youre lucky you aren't all dead' he was actually quite angry that P hadnt spotted it at the last so called service early last year. J rang our landlord and explained that the roughly 25year old boiler would have to be condemned and that he would be happy to fit a new 1. (it was that bad he even sent photos to him via mobile phone)Landlord agreed...but then yesterday
he told us that he has applied for a 'scrappage' grant and that we have to wait what he says is days...is that right? is it legal for us to have no heating at all? (my youngest son is registered disabled) i dont believe that it will only be a matter of days.We are using the immersion heater for hot water which is costing us a small fortune...so the heating is the issue as its so very cold.
Id just like to know where i stand as my hubby keeps telling me i cant kick up a fuss.
Thank you in advance. 82

scruffygirl wrote this on 2010-01-28 13:48:01 Hi Peeps,

After a visit to my attic yesterday, I noticed some rather unplesant droppings. Could someone possibly tell me who is responsible for pest control payments? Is it up to me or my landlord to pay for any required treatments.

Thank you 83

scruffygirl wrote this on 2010-01-28 14:41:14 Hello Good People,

I have yet another query to run past you.

When I took on my property (private rent) the Landlord required a Guarantor, which very kindly my dad agreed to.

Unfortunatly at the end of last year I unexpectedly lost my dad due to a very brief illness.

My mother (trying to make sure everthing was together and sorted) enquired where she stood on this and was told that she could be held responcible for anything as excecutor of his estate.

I read somewhere that that meant responcible only for any outstanding/unpaid rent. Is this correct or could she be asked to pay for any damages/replacements or repairs?

She asked to be released from this and also offered to double the original deposit but he refused.

Could someone tell me where we stand on this?

Thank you once again. 84

Clare wrote this on 2010-02-02 09:42:36 Bit of an odd one here.
I currently have 2 tenants on an AST, which expires 28th Feb (the end of the 6 month period). In 2 weeks I am moving over to the USA and I am handing management of the property over to a letting agent as I won't be here to deal with any issues etc.
When this happens, the agent will put in place a new agreement with new terms, but I am not asking the tenants to move out (ie not a posession order). How do I do this? A Notice Requiring Posession seems too much because I'm not asking for the property back, but I want to make sure the new agreement can be put into place when I leave and the old agreement is ended properly

Appreciate any help
Thanks
Clare 85

Gemma wrote this on 2010-02-09 10:37:12 Hi,

I just have a small question...

I live in a rented Housing Association flat.
Have lived here for about 7 years.

I have one double plug socket in each of the two bedrooms, and the living room.
Although this was bearable 7 years ago, in this day and age a double socket per room is just not enough!!
My boyfriend started plugging extension leads into extension leads - agggh!!! I stopped that... I do NOT want to start a fire thankyou very much!!

Anyway, I was just wondering, am I able to ask the HA to fit more sockets, or is this completely down to me? With it being to do with the wiring..

I understand if it is my responsibility, I just don't want to go ahead with it and then find out I could have asked them!!

Plus, I'm asking here first as I don't want to look daft on the phone to them..!!

Many thanks

Gemma 86