Advice appreciated - tenants rights

[mrchef]

Hi

 

This is my first post, so please be gentle! It's very long, for which I apologise, and I can't quite believe it myself writing it all down!

 

I just wondered if anyone has an opinion on the following.

 

We rent a property privately, paying a considerable amount each month to live in a nice, "unfurnished but fully equipped" property. Our landlord lives abroad and the property is fully managed by a local agent. We moved in 11 months ago, and from day 1 we have had problems.

 

1. Shower

To cut an epic story short at this stage, the shower in the property was in an absolutely foul state when we moved in and, as professional cleaners could not budge the mould and mildew, the shower was regrouted by the agents' DIY chap at the end of July. The agents had agreed it was disgusting and we had refused to use it until it was cleaned.

 

So after nearly 2 months living here, we started to use the shower, only to discover water leaking out the front of the door.

 

We reported this to the agents who asked Mr DIY to replace the door seal. This was done at the end of August. On our return from hols in mid September, we started using the shower again.

 

Until mid November when, one morning, we noticed a huge damp patch appearing on the carpet (let me add that the old carpet, which was extremely water damaged, was replaced before we moved in).

 

We again reported this to the agents and Mr DIY was duly dispatched to regrout and reseal. Still leaking. Plumber, who has come to fix (!) the faulty central heating rips the plinth off from underneath the shower and the floorboards underneath are wet.

 

Mr DIY comes to fit a new shower door. Still leaking and now it's Christmas and we have family staying.

 

Promised by the agents they would have this, and multitude of other problems sorted by the end of the month!!!

 

January arrives, along with more sealant for the shower tray and door area. Water stain appears on hallway ceiling and on bedroom floor, which is adjacent to the shower (water appears underneath where the pipes run). Again we report this. Plumber comes back and knocks a hole in bedroom wall and announces valves / pipes not leaking.

 

Now Feb - 8 months after moving in and we've used the shower for about 10 weeks max. Water still seeping onto carpet at front and we (with our untrained eye) discover a leak dripping at the very back of the shower (from the pipe area) which we video and take into the agents. Plumber comes back, but no dripping when he turns shower on. Agent tells us it's ok to use shower and we won't be held responsible for any damage as we have reported it, but they can't find a problem.

 

Anyway, shower is resealed again and nore sealant added to door area. Still leaking and it's the end of March. Resealed with weights in. Still leaking.

 

Forward to April 22nd. Agent asks DIY man to remove every bit of old sealant and reseal from scratch and check grouting for pinholes...he decides to take shower tray out to get a better look at the back, above where the water is appearing underneath. He claims sealant is water tight. However, he feels behind the tiles and finds the plasterboard is damp and, lo and behold, finds the leak we have been insisting is there since July last year. Shower now officially condemed and, once again, we can't use it.

 

 

2. Heating

Problems started when we switched heating on last October. The radiators in the main living area of the house (sitting room and hallway were functioning at less than 1/4 capacity ). Numerous visits from plumbers, changed valves, bled radiators, de-sludged them, replaced heating pump, replaced some pipes, made several large holes in the walls and then eventually replaced the three radiators in April. We had completely insufficient heating downstairs during the coldest snap for 30 years. Our young children were cold and we had to sit swathed in fleece blankets in the evenings.

 

We asked if we could have the chimney swept (following a large dumping of soot on the fire hearth in October) so that we could use the fire whilst they sorted the heating out. Chimney was swept at the end of March, just as it started getting warmer.

 

3. Dishwasher

The only way we can get the dishwasher to function properly is to put gallons of bleach through it daily after we have waahed the crockery (on the advice of the domestic appliance expert that came to remove the fungus that was growing in there when we moved in).

 

We have paid our rent of £1600 per month for the last 11 months, without complaining, being nice to the agents and it has got us nowhere.

 

Our tenancy is up at the end of this month, but we don't want to move unless we really have to (we have 2 young children to uproot), but this is beyond a joke. We pay for a fully equipped house in with appliances in working order, as per their ad., but it's not.

 

Rightly or wrongly, I have withheld the rent this month as I am now at the end of my tether. I feel we have given them more than ample time to sort the shower out, 5 months to sort the heating out is ridiculous, especially as we have young children and I just feel as we are being taken for a complete ride.

 

I called the agents when the shower was condemned as we want to know whether it's going to be replaced or not before we decide if we are going to stay. If it's not, then I feel we would be justified in asking for a reduction in rent, if it is, then I want to know when. They still have not returned my call after 2 weeks.

 

The poor lady at the letting agent's head office accounts got the brunt of my frustration this afternoon when she called to ask why the rent has not been paid. She is going to speak to our branch tomorrow, so at least they realise now, if they didn't before, that we are not going to be fobbed off anymore.

 

Does anyone think we have grounds to claim a partial refund of the rent we have paid? I don't apportion any blame to the landlord, but I really feel strongly about the fact that the agents are raking in their management fee each month and not sorting the problems, which are not limited to those above. If their contractors couldn't fix the problem, they surely they should have found someone who could?

 

The other problems have not disrupted us living here, they are more cosmetic, but we were the ones freezing over winter and paying for a shower we can't use, and haven't been able to for most of our tenancy. We have been responsible by reporting the problems promptly as they asked and trying to look after the property for our landlord.

 

Any thoughts? Am tempted to speak to Citizen's Advice.

 

Any advice much appreciated..

[jackieandwayne]

Oh dear - how much do you want to you want to stay here? Because there most certainly are things that you can do about this but sadly, despite this being your right, it narks some agents/landlords and they end your tenancy.

 

Its also dodgy to withold rent. However, you sound as though you will have set the money aside and will be able to pay it immediately if things get a bit heated? You should write and send recorded delivery at least , listing your reasons for doing this and asking to come to some arrangement whereby a lesser sum is accepted to take account for the inconvenience and expense you have gone to. But make it crystal clear in your letter that you do have the funds available and once this has been resolved you will hand over the money immediately. I would advise that you do not withold the rent for a further month. I think with such a high rent being witheld for one month you have made your point. They have breached their contract, you dont want to be seen as doing the same should this have to go into court.

 

If you WANT to go ahead and force the agents/landlord to put things right, then you can contact the Environmental Health Office at the Council and ask for the property to be inspected as you have concerns about the safety of the house for tenants.

 

Points I would mention are the shower, the danger of water leaking everywhere, what if it comes through the ceiling, through the electrics etc etc. The heating, well when was it last checked for safety, what does the sticker on the side of the boiler tell you? No sticker? No copy of the certificate? Oh dear, therefore no service/safety check! This must be done 12 monthly by law. Make sure you point this out to EHO. When the chimney was swept, I do hope the flue was smoke tested before you were told you could use it? Go through the house with a fine toothcomb, listing down anything you are unhappy with but have reported, EHO are bound to find several other things. They are like terriers with rats once they get going and they have clout.

 

Try and work out what the cost of extra heating was during the period your rads were ooo, because your landlord needs to refund you for this. Likewise, if you can, try and estimate what it cost you to fill the bath with hot water as opposed to having a quick shower. And again, what it cost you to try and sort the shower out, even down to the constant mopping up. Time for staying home from work to wait for tradesmen, costs of phonecalls, postage if you wrote with your requests. It all adds up.

 

You can also go to Shelter for sound advice on these things, and your tenancy generally, but again, be warned if you do your agent/landlord could retaliate by serving you with a S21 NOSP which will eventually end your tenancy and you can do nothing about this. Not right but thats the way it is sadly. CAB are good for all things general, but at the end of the day they are NOT housing specialists, so for that you have Shelter. You;ll be seen a lot quicker as well!

 

Having said that, with the amount of money you are forking out every month, you have every right to expect that this property will be maintained, and that emergencies will be dealt with in a timely fashion so as not to interfere with your peaceful enjoyment of the property.

 

I do hope this works out for you. Your agency wants to bear in mind how fortunate they are to have a good tenant paying regularly such a high rent in a recession like this. LOL knowing my blessed tenants, I'd have gone round to discuss use of the open fire to find they'd burnt all the furniture and fittings in it already!

[mrchef]

Hi and thanks so much for your advice.

 

We have no intention of not paying, but are just so frustrated at the agents apparent lack of concern and urgency in getting these issues resolved after all this time. The only time they do something is when we phone to chase them up. It just seems to be a case of who shouts loudest.

 

The property having a separate shower room was a big deciding factor in chosing this property and we haven't been able to use it.

 

The heating fiasco was just a joke - I have since found out the plumber is living with one of the girls from the letting agents.

 

If I were the landlord of this property, I would be less than impressed at the costs that must have built up for the same jobs being done over again and repeated call outs with the problem still there this far down the line. I don't see this as effective property management (surely they should be using tradesmen who can sort the issues quickly and efficiently?)

 

I'd love to know what % of the rental price they rake in for doing such a grand job.....

 

Anyway, I shall try Shelter and see what they say.

 

Thanks again.