Who has duties under law: landlord or agent?

[djdave]

Hi,

Hopefully this is an easy question. I've read the sticky about landlord's obligations but have a query.

My mate is renting through via a letting agent. He's got a problem with damp which he's been trying to get sorted for several months now. The landlord lives overseas, and the letting agent keeps making verbal promises which come to nought.

Now matters have come to a head because his other half is in hospital and the doctors have advised that she doesn't return to the property while there's a damp problem.

I've advised him to keep everything in writing and start making formal demands for action. Here's the question: should the agency take responsibilty or can they insist he deals with the landlord directly?

Thanks for any help

[Reavna]

I think it depends on what kind of contract the Landlord has with the letting agency - who do they pay their rent to, the Landlord or the Agent?

We rent our house and our landlord has a full contract with our agency so any problems have to be sorted out by the agency - he also lives overseas, but he is a Pilot so we see and hear from him quite regularly

It should say in his lease what the Landlord is responsible for and who to contact to get any issues sorted.

[demon_x_slash]

Ultimately, the landlord is responsible for any repairs or restitution for this, although dealing with the agent first is often the easiest option for all concerned. If the house is so damp that it's causing health problems, then I would advise going down to your local Council and making an appointment for a Housing Officer to come around and inspect the property. They can then force the landlord to carry out the necessary repairs. Write to your landlord (special delivery) advising them that, as their agent is refusing to deal with the problem, you will be corresponding directly with the landlord from now on. However, be advised that most landlords will not want to renew a tenancy after this course of action, as they see it (unreasonably) as 'making trouble'.

[Nightmare4banks]

Djdave in reply to your post and in my view:

To begin with,if the landlord is based overseas common sense would dictate that the agent would be able to see that repairs are carried and the landlord be billed accordingly however as others have said it will depend on the agreement signed between the agent and the landlord.

Basically,there are two ways in dealing with this problem:

1.Involve the Environmental Health Department which would result in the issuing of an Abatement Notice under the 1990 Environmental Protection Act.Basically this would be a notice for the landlord to carry out a schedulre of repairs and if he failed to do so the council would carry them out and bill the landlord accordingly.

2,.There are breaches here of the Landlord & Tenant Act 1985 and your mate could hire a solicitor to obtain an order/injunction to compel the landlord to carry out the repairs.

Personally I would opt for option number 1.This is because it is free and the council have the powers to not only make the landlord carry out the repairs but fine him as well in the Magistates Court.

3.I would suggest that your mate has a nice but firm word in writing to the agent as follows...

--------------------------------------------------------------------------

Ref:Mr.& Mrs.Tenant - 123 xyz street

RECORDED DELIVERY

Dear xxx Agent,

Despite the repeated verbal promises by you to carry out the repairs at the above property address regarding the remedying of the damp in the property nothing has been done.

However,I would like to point out that Mrs.Tenant has been advised by the GP/hospital consultant not to return to the property as it would affect her current state of health.

Therefore we would appreciate it that you would make this matter a priority and see to deal with it in the very near future.

Please contact me by return to arrange a suitable schedule in order to conclude these essential repairs promptly.

Many thanks for your attention.It is highly appreciated.

Yours sincerely,

Mr.Tenant

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If the agent refuse to carry out the repairs your mate could:

1.Ask to be rehoused at another property owned by the same landlord but most importantly of the same sized dwelling and rent
2.Go to the council after sending the letter to the agent.Give the agent no more than 2 weeks.Make sure he sends the letter to the agent by Recorded Delivery post.
3.Move out and sue the landlord for breach of the repair obligations.If your mate wants to go down this route - we will help him here.

I hope you find this information/suggestions useful.

If you have any questions,just ask.

Djdave,by the way I have one question for you:

How long has your mate and his partner been tenants?

The answer to this question should hopefully enablee me to assist your mate further.

[djdave]

Thanks all for your excellent advice

[Nightmare4banks]

djdave,

All the best for your mate!

If he needs any more help,just ask!

[Esio Trot]

Originally Posted by djdave

My mate is renting through via a letting agent. He's got a problem with damp which he's been trying to get sorted for several months now. The landlord lives overseas, and the letting agent keeps making verbal promises which come to nought.

Now matters have come to a head because his other half is in hospital and the doctors have advised that she doesn't return to the property while there's a damp problem.

Bear in mind that 9 times out of 10, "damp" problems turn out to not be as thought. That is, that the "damp" is in fact condensation. Liability for restoration then becomes more complicated.

In a property I know of, the tenants tended to be away working during the week and decided that they would turn off the storage heaters - not even having them on minimum tickover. At the weekends they would arrive back a the flat, put on five blow heaters and portable oil filled heaters; they had a fondness for rice and cooked lots of it - and seldom used the extractor fans provided ("It sucks the heat out that we have paid for"). Within 2 months their whole wardrobe of clothes were ruined from mould growth; their bedding and soft furnishings also stank of damp.

Although an extreme example, it shows the problems caused by lack of ventilation and failure to make sure that moist air from cooking and bathing is removed. Without being too technical, warm air holds more water vapour than cold. When warm air cools, water has to form once the "dew point" is reached. It's the same principle that causes rain.

The above property had been let out for almost 10 years with no problem. Suddenly within 2 months of moving in the new tenants had succeeded in ruining all fabrics in the flat and when they left after 6 months complaining of damp it needed complete redecoration, including using fungicides.

They sued, but fortunately the owner had the foresight to have a professional survey by a damp expert (not one of these freebies) who confirmed that there was no rising or penetrating damp and the problem was lack of ventilation. The former tenants lost their case.

I'm not saying that the problem is not a damp issue, but that condensation and the causes should also be taken into account as a possible cause.

[Nightmare4banks]

Hi all!

I would just like to add:

1.If Djdave's mate wants to sue he should get a report from a qualified person that is an expert in "Property Disrepair".This report would highlight the failures of the landlord and the exact impact of this on Djdave's partner's health condition.

2.To use this type of report would need the okay of the court and possibly the costs of it would be shared as an "expert witness".At the end of the day this person would be acting in the interest of justice and fairness to both parties and whether the judge should award damages or not to the former tenant.Also,the factors that may sway the decision to award the damages at a higher or lower amount.

3.The award of damages is calculated as a "Dimunition in Rent Value" plus taking into account the length of time that the tenant had suffered,the impact on health and also if the landlord had been given proper notice to remedy the situation by the former tenant.

4.I have posted elsewhere within this section of this forum regarding this topic.

Any,I hope this information is useful.

[managingagent]

I might be able to help here. I'm actually a managing agent myself and I can confirm that all legal responsibilites are with the landlord and not the agent. If you were to take action on anyone it should be the landlord and it would be for the landlord to sue his contracted agent for damages of negligence.

Hope this clarifies for you

Regards, Aaron

[demon_x_slash]

Glad to have you, Aaron - each section could always use a new expert and you seem to have given good advice so far

[Nightmare4banks]

Hi all!

Welcome on board,Aaron!

[djdave]

Thanks again everyone, armed with the advice given my mate's been back to the agent and is now sat at home waiting for the builder to call today and begin work.

I'd call that a result!

[Nightmare4banks]

djdave,

This is our speciality here - kicking a** and getting results(lol!)!

Now on a more serious note:

I am really pleased and if he has any more problems - just let us know.