who's responsible for wear and tear of fixtures and fittings

[soozisioux07]

Hello everyone, I'm hoping that someone may be able to throw some light on a query I have with my Landlord. Two of the taps in the property are not working properly and I've asked the Landlord if he can arrange for them to be sorted. He is adamant that wear and tear is the tenants responsibility but I think reasonable wear and tear is his. He's quite happy to take his money and leave me to sort out blocked drains, garage doors that need fixing and fences etc. The tenancy agreement does state that I am responsible for wear and tear but I think this may be wrong. Has anyone any ideas Wish I'd have found this site before I'd signed anything!

Thanks Soozisioux07

[MrShed]

That is all the landlords responsibility. No question.

[soozisioux07]

Thanks very much Mr Shed that's a great help.
Don't know what I'd do without this site, keep up the good work.

Cheers Soozisioux07

[soozisioux07]

Hi, thanks for the advice yesterday but my Landlord is still insisting that I am responsible for wear and tear. "It's in the Tenancy Agreement", he says "so that that's"! He has recently put the rent up £50 per month to enable him to continue with the upkeep of the property and for repairs!!!!
In three and a half years he has done nothing. He expects the property to be immaculate (which it is) and the garden like a park (I enjoy gardening it's my therapy so that's no problem) but won't adhere to his Landlords requirements. I have to chase him to have the gas fires and boiler serviced. Is there anything written that I could quote to him?

I also have a query regarding Tenancy Agreements. I originally signed one in May 2004 when I moved into the property with my now ex-husband and two children. After my ex moved out the Landlord was supposed to provide me with an Agreement in my name only but failed to do this. However, he increased the rent in April of this year and insists that I sign a new Agreement in respect of the increased rent. I've told him that I don't need to sign a new Agreement (this will actually throw the benefits agency into chaos) but he insists I sign it and has told me the old one isn't valid. The Agreement I signed in 2004 was never dated and the Landlord has not applied for an increase in the rent following the correct procedure. I understand that the original Shorthold Tenancy Agreement is now a Periodic Agreement and the rent should have increased on the date I moved into the property. Is any of what I believe correct?

Any help and advice is greatly appreciated.
Thanks Soozisioux07

[MrShed]

The old one isnt valid, but neither can he force you to sign a new tenancy. You are currently on an AST but without a signed tenancy agreement - the old one expired as soon as your husband left.

With regards the repairs, I would gently suggest to the landlord that the tenancy agreement cannot overrule your basic legal rights as a tenant, one of which is to have repairs, caused by ANYTHING OTHER THAN accidental damage or negligence, performed in a reasonable time period.

[soozisioux07]

Thanks MrShed, but what is an AST?

The wear and tear is just washers wearing out in the taps which is liable to happen to anyone over the years.

So if I am in the property without a valid agreement that is the fault of the Landlord who should have provided one in 2004 when he said he would. He just wanted my money I think without sorting out the legalities. I had enough on my plate at that time. Nobody has actually told me that the original Agreement is invalid and the benefits agency have accepted it over the last couple of years even though it is in joint names and undated!

Cheers Soozisioux07

[MrShed]

Sorry an AST is an Assured Shorthold Tenancy - basically, a tenancy.

You do have an agreement, indeed a valid agreement, just not a written one.

With regards the taps, that minor a repair does bring it into another area. A tenant is expected to maintain a property in a "tenant like fashion". However, as far as I know, this is not actually defined anywhere, but it is not unfeasible that such a thing would fall into this category. Out of interest, why have you not just changed the washers?

[soozisioux07]

Ah, as a mere female I'm not sure if my capabilities stretch as far as changing washers in taps. It's something I haven't attempted before and I don't want to do any damage through ignorance.

Cheers