Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Unhappy Landlord not fixing a leaking Bath?

    Landlord not fixing a leaking Bath?

    In our contract for our house it states: Landlord agrees to carry out repairing obligations as required by section 11 of the Landlord and Tenant Act 1985.

    Our bath has been leaking through the roof to downstairs for the last 3 months. Can anyone tell me if this is enough to terminate our contract so that we can move out?

    Clause from the Act:
    1(b) to keep in repair and proper working order the installations in the dwellinghouse for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity).

    So obviously he hasn't done this nor seems like he intends to so i presume this is a breach of the contract. Can we move out next month before the rent is due? Or do we need to give him some sort of notice?


  2. #2
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    Default Re: Landlord not fixing a leaking Bath?

    No you cannot move out or terminate the contract due to this.

    A breach of contract does not constitute termination of contract.

    What you can do, if he refuses to repair within 5 days of written request, is get it repaired yourself and deduct the cost from the rent.

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

    Please click the star if I have helped!!

  3. #3
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    Default Re: Landlord not fixing a leaking Bath?

    Your a touch early for April Fools!

    Recorded delivery letter to your LL giving 10 days to sort problem out otherwise you will repair yourself and deduct from rent.

    If after 10 days, no joy, get three quotes for repair and go with the cheapest and deduct from rent.

    Have a look at the shelter website, theres a helpful section on using rent for repairs.

    And if your still in any doubt, no, you cannot use this to end your contract.


  4. #4
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    Default Re: Landlord not fixing a leaking Bath?

    OK,

    I have some more details that might change it a bit as it is a Safety risk. Where the water drips from the roof, it lands on the stair case that goes up to the second floor where the bathroom is. Under these stairs is the Mains power board for the house. We have a girl in our house who has a pacemaker and it is dangerous for her if she was to get a electric shock.

    Would this be enough to terminate the lease? Also there are other problems with this house E.G. Lights that have blown (Not the bulbs the lights) and not been fixed for the last 2 months and we have had to buy lamps.

    Thanks


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    Default Re: Landlord not fixing a leaking Bath?

    You can't just terminate your tenancy for this.

    If you are on a periodic tenancy then you can give the proper notice needed to end a periodic tenancy and then move out. If you move out before the notice period is up you will still need to pay the rent due to the end of the notice.

    If you are on a fixed term tenancy then you would be expected to stay to the end of the fixed term. If you move out before then your landlord could and is likely to claim for the rent for the rest of the period. This could include court action against you.

    If it went to court you could counter claim for disrepair but there is no guarantee that you would win and the judge would ask you what you did to resolve the situation such as contact with landlord, paying for repairs yourself and claiming money back, contacting environmental health at the Council, etc.

    The best thing to do is what MrShed and Planner have suggested.


  6. #6
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    Default Re: Landlord not fixing a leaking Bath?

    Quote Originally Posted by 000Jumper000 View Post
    OK,

    I have some more details that might change it a bit as it is a Safety risk. Where the water drips from the roof, it lands on the stair case that goes up to the second floor where the bathroom is. Under these stairs is the Mains power board for the house. We have a girl in our house who has a pacemaker and it is dangerous for her if she was to get a electric shock.

    Would this be enough to terminate the lease? Also there are other problems with this house E.G. Lights that have blown (Not the bulbs the lights) and not been fixed for the last 2 months and we have had to buy lamps.

    Thanks

    As mentioned above - get this fixed, bill the landlord.

    You CANNOT terminate the tenancy for this.

    7 years in retail customer service

    Expertise in letting and rental law for 6 years


    By trade - I'm an IT engineer working in the housing sector.

    Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

    Please click the star if I have helped!!


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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE