queries with flat that landlord wont help with.....

[missy1980]

Im posting this thread on behalf of my sister.

She has just started renting a flat above a shop that has been refurbished. She had a look at it and decided to move in. Shes signed the contract and paid the deposit and the landlord advised that work still needs doing so workmen may be round.

when they moved in, once all furniture was put in they could see the floors are wonky/slanted. The wardrobes cant be put at end of bed as they were tilting towards the bed. The fridge in the kitchen is the funniest, it looks like its drunk slanted to the side. The heater and washing machine dont work. There is no tv ariel. They asked landlord to install one and he said he hasnt time to get it done for a while and now said they cant install a phone line.

My sister works long shifts and is pregnant, she was in bed the other morning when there was a knock at the door, she tried to ignore it as was tired. Then she heard a key in the door and the builders let themselves in to finish some work. Shouldnt they have rights were the landlord has to give notice if builders are entering premises? also when she got home fr work later that day, the cushions were on one side of the couch and mud on the arm of sofa which looked like someone had lay down and put their feet up.

She has mentioned all these problems to the landlord, is paying £550pm rent (which is top price in that area) but he says she is in a better flat than whats shes paying for and that he's in the right.

any advice or comments on what she can do. thanks

[nij4t2]

I hate to give you a response that does not firmly address your implicit question regarding the legal aspects of your sister's flat / tenancy agreement... but I simply do not know the legal situation for certain. Having said that, I suspect that at least 24-48 hours notice of work / visits to the property are required (I used to be a landlord myself, albeit using an agent on a full-management contract).

However, your comments regarding 'wonky floors' certainly ring true for me as I live in a flat (also above shops) that is very old and has very angled floors in different areas. In my flat, I can almost guarantee that the floors have been wonky like this for at least 30 years, and probably much longer (because of the way certain changes have been made to the flat). In other words, it simply will not be possible to fix this. But, hey, it's all 'charm' and you get round it by using strips of wood / plywood / magazines whatever, to stick under the furniture on the side where the floor dips.

Back to the issues your sister has regarding phones - I am surprised that the landlord does not want a phone installed; I would suggest she ask politely, explaining that she will bear the cost of the initial installation... from that point on it would be a selling point for the landlord (tho' beware minimum connection terms!). IF the landlord's concern is that she expects him to pay, that would put his mind at rest.

If any electrical items are supplied with the flat I am pretty sure that they have to be TESTED annually, and WORK. All furnitire supplied (if any) needs to be fire-retardent to some level, and all gas appliances (if any) need to be tested annually, and I think you are entitled to see the test certificates.

Finally, make sure that she notes down all issues and conversations with her landlord in a diary format. If you don't get a response here, try CAB or I think local councils have teams that can help advise you, even with private landlords.

[Nightmare4banks]

Hi all!

I am very sorry to read about your sister's problems with her flat/landlord.

The following list may overlap in comments as to what nij4t2 stated,however in brief:

1.The landlord should give at least 24 hours notice in writing to carry out repairs etc.A better type of landlord would also give a schedule of works - starting date,duration and finishing date.A good landlord would charge reduced rent for the duration of the works being carried out - this is to compensate the tenant for any inconveneince caused.

2.In the event of gas being supplied to the rented premises,all gas appliances MUST be tested by a CORGI registered gas fitter every year.A test certificate can be seen by the tenant and again I say this a good landlord would request that a copy of the certificate is retained on the rented premises and to be a reminder to the tenant "well in advance" when the landlord will need access with the CORGI engineer to carry out the essential tests and issue the next certificate.

3.All electrics should be tested every 3 years.

4.Furniture MUST be "slow burning".

Also:

a.Regarding the telephone line,(a bit strange that he does not allow a phone line - as the tenancy should state that she is responsible for the bills associated with the flat).

I would suggest that your sister approaches the landlord with the view of installing a phone that receives calls only stating that she needs the phone "test the waters".

By the way,did the landlord not give any reason why he does not want the phone line in the flat because it is another service provided in the flat?

b.Your sister is allowed "quiet enjoyment" of the flat.This means that the workers cannot just barge in unannounced or leave mud on the furnishings etc.
It is perfectly within your sister's rights to not allow the landlord or workers into the flat.The only way her landlord would be able to get access then would be through a court order.To enter the flat without the tenant's consent is considered as trespass.

However,in my view this would create friction between your sister her landlord.

I would suggest that if the works are unfinished for your sister to request from the landlord to finish them within a strict deadline(nice apporach first) -so to refrain from future unannounced visits by landlord and/or workers.

Failing that,she should approach the Private Tenancy officer with the Local Authority and explain the current situation - with the objective of coming to an amicable arrangement with the landlord.

I hope you find this information useful in helping your sister.

If you need any further help,please do not hesitate to ask.

Keep us posted!

All the best!