getting out of contract early- repairs needed

[binkhus]

hi, i signed a 6 month tenancy agreement at the begining of september but since moving in with my children the radiators all leak, windows are not fitted properly and let gusts of wind in, damp everywhere , the plaster is crumbling off the walls due to damp, gas fire in dining room is not working and the list goes on.

i have contacted the letting agent almost every day but the landlord just doesnt reply.

today a radator fell off the wall!!!! so water had to be turned off and the letting agent wont send anyone round untill the landlord says its ok to do so and they said if i pay for a plumber the landlord wont have to pay me back.

i asked about getting out of my contract early as the landlord prob wont do any of these repairs and i can not afford to but they said no way can i get out of my agreement!

iv been told by the neighbours that every tenant who has lived here has done a moonlight because he wont repair anything.

iv contatced enviromental health and they are going to come out within 5 days to have a look but any advise from the forum would be great.

[Guest Old_andrew2018]

I think you have rightly contacted environmental health, you might also consider contacting your local councillor asking them to intervene.

Finally you could send a PM to some of the experts with a link to your thread, I am aware the kentishlass has given valuable advice in the past.

[binkhus]

thank you, i have looked at some more threads and spoken to the estate agent again who think once enviromental health get involved i should be able to end contract early as the landlord still has not gotten back to them yet.

im feeling slightly better as i know there are other suitable properties so just waiting now .

[binkhus]

still no repairs done any advise?

[AngelofSol]

Did you ever contact Environmental Health and did they ever come out?

[binkhus]

yeah iv contacted them twice, they have not come out but they say they are going to write to him to get him to do the work.

at the moment i have to boil the kettle to have a wash!!!

im thinking he may have broken the tenancy agrement by not carrying the repairs out in a reasonable amount of time?

the letting agent just keep saying i signed a legally binding contract for 6 months but i must have more rights than this?

help anyone

[AngelofSol]

Is there someone else higher up at EHA that you can talk to?

 

I may be completely mistaken here and if I am would someone please feel free to correct me -

 

But I didn't think EH could simply shoot off a letter without seeing the state of the property. Afterall, what's to keep a T (not you binkhus) from lying and getting an LL forced to do unecessary or frivolous work?

 

If EH isn't getting off their rear ends to do something about this try calling Shelter or your Council Housing Authority... I've heard that sometimes they can advise people or get the ball rolling.

 

Right now, if I were you I'd look at doing a couple things.

 

1) Write your LL a letter, send one to the LA also to the effect of you have had problems with disrepair and now they have gotten out of hand and the LL/LA hasn't done anything to rectify the problem, therefore you are formally giving them 10 days to sort the matters out and get hot water back on and the heating up. Inform them that if they don't then you will have to take steps to see to the repairs yourself and that once that is done you will send them the bill. If they don't then pay the bill then you will deduct the amount from your next payment of rent.

 

In the meantime get in three separate repair men/contractors and get three independent quotes for the necessary repairs.

 

If the LL/LA haven't moved their butts right them a letter saying that you gave them time to rectify the situation but they have been negligent in seeing to their responsibilities. Send them copies of the three quotes. Give them another 10 days to sort out the problem. Explain to them that if they don't you will proceed to have work carried out and that you will then send them the bill.

 

If they don't respond in 10 days get the least expensive of the three quotes in to do the work. This will cost you. Hopefully you can get the cash together to do it.

 

When the work has been done and you have the invoice in hand write another letter to the LL/LA with a copy of the invoice requesting that they reimburse you the cost of the repairs as listed on the invoice. Let them know they have something like 10-14 days for you to receive payment from them. Let them also know that if you do not receive payment from them then you will deduct the cost of the repairs from subsequent rent payments until you have been fully reimbursed through that means.

 

If you don't get payment in the allotted time then deduct that amount from your next month's rent. If that month's rent doesn't cover the full amount don't pay any of it. Again, deduct the remaining amount required to cover your expenses for the repair from the second month's rent and so on and so forth until you have be reimbursed.

 

The LL/LA may still try to evict you or take you to court for non payment of rent, but if you follow these steps and clearly document (get certificate of posting on every letter you send out as well) with letters and copies the dates you did this and what has happened you should be more than able to show a judge why you have not paid rent and be completely justified in doing so.

 

I would also, if with this cold weather, keep any reciepts, etc from any costs you incur if you have need of going to a hotel or a B&B because of the situation with the hot water and heating. They have had ample time to sort this and have been nothing but negligent. These costs you would likely have to reclaim in court... and it will, in the meantime cost you more money so if you can hack it or stay with a friend otherwise that might be best. Log how many days you had to stay with friends. Later you might be able to claim at the daily cost of your rent per annum for the time you could not live there. Again it's likely to be something you would have to take up in court.

 

Get yourself some electric heaters if you don't already have some. Cold like this can be dangerous.

[binkhus]

i thought they had to come out too but the lady on the phone said they would write to him first! i would like to repair the boiler but i dont have that sort of money so really i dont know what to do.

[NewSAHD]

binkhus, I was really sorry to read through your post and to see you were not sure what to do next.

 

It seems, to me, that AngelOfSol has already given some fine advice for you. That said, and hope AngelOfSol forgives me here, the following may help move matters quickly on for you.

 

I hope I'm not stepping on any toes here, in adding to what has already been said either. Clearly though it is time to bring matters to a close now.

 

Although I'm relatively new here I've added a draft email (below) for your consideration to send to

 

a) your local councillor

[a google search should easily find them, if not post a message here, or PM us your details and will do what can to track it down] as well to

b) the LGO (local government ombudsman),

c) the local authority and

d) the letting agent too

 

all as you see fit.

 

Personally, I'd be writing to the councillor and copying the same on to the others.

 

Take photographs too now of all the problems, if you haven't already, so as to more easily document what has happened.

 

Be prepared, however, that in sending the following email you can expect that your tenancy may not be renewed in March 2010 (?when it comes up for renewal?), although that may be a blessing in disguise!

 

I would add that I have never had need to contact the LGO before, so cannot comment upon the pros and cons of doing so. There appears to be some useful information at

 

Local Government Ombudsman • Complaints about harassment by your landlord

 

but my draft, below, is really to put the Agent and Local Authority on notice now. It may, possibly, focus their respective minds and get them to pull their collective b/fingers out too!

 

Oh, and I also fully appreciate the draft email, below, needs an edit, but it has been typed at haste. Also, you will, of course, need to replace the text in BOLD with what is needed - but at least, if you are

 

1) generally happy with what has been produced and

2) that it is a accurate, true and fair reflection of what has occurred

 

you should be able to easily copy and paste all the text in to an email.

 

Do so as soon as you can, but any queries at all please feel free to post here.

 

Email to read:

 

=================================================

 

URGENT

 

No.1 BINKHUS STREET

BINKHUS TOWN

BINKHUS POSTCODE

 

BINKHUS TELEPHONE NUMBER(S)

BINKHUS EMAIL

 

This email has been sent to:

 

a) EMAIL ADDRESS OF LOCAL COUNCILLOR

 

with copies to

 

b) [email protected] (Local Government Ombudsman)

c) EMAIL ADDRESS FOR ENVIRONMENTAL HEALTH DEPARTMENT AT LOCAL AUTHORITY

d) LETTING AGENT EMAIL ADDRESS

 

 

Dear NAME OF COUNCILLOR,

 

RE: PROPERTY ADDRESS

 

I hope this email explains the extremely difficult situation that my children and I find ourselves in.

 

On the DATE (give the date in September 2009) I rented the above property through NAME OF LETTING AGENT. The Agent's contact details are ADDRESS, TELEPHONE.

 

The landlord's name from the 6 month Assured Shorthold Tenancy agreement is given as NAME, the address for service of Notice under s47 and s48 of the Landlord & Tenant Act 1987 is care of the LETTING AGENT (Binkhus, check this is so, may well be the case, any queries please post a message here).

 

My dealings, so far, have been with NAME OF LETTING AGENT and NAME OF PERSON AT LOCAL AUTHORITY.

 

Whilst writing I would add that I have not yet sought legal advice, but hope to speak with Citizens Advice. My sole aim, at present, is for my children and I to have a properly habitable home as rapidly as possible now.

 

I hope that you can bring some pressure to bear on the Agent and Local Authority and help my family start 2010 afresh.

 

Our problems with the Agent and Local Authority are worrying us greatly. Since moving in to the property at the begining of September 2009 with my children I have reported to the NAME OF LETTING AGENT and NAME OF PERSON AT LOCAL AUTHORITY that

 

- my children and I have to boil the kettle to have a wash.

- the gas fire in the dining room is not working and has not done so since we moved in.

- we have not been provided with an up to date copy of the Gas Safety certificate. I understand now that this is a legal requirement and is a criminal offence if it has not been done. I have only been advised of this today by friends and have yet to speak to the Agent about this particular matter.

- the radiators all leak and have done so since we first moved in. I am not a plumber and am uneasy about bleeding the radiators myself anyway.

- windows are not fitted properly and let gusts of wind in,

- there has been damp everywhere , since the outset, with the plaster is crumbling off the walls due to damp,

- ITEM

- ITEM

 

(BINKHUS, LIST ALL THE PROBLEMS THAT YOU HAVE ADVISED OF THESE PEOPLE OF

 

It seems as if I have contacted the letting agent almost every day, but there has never been any substantive reply, save that I am told that their Landlord just does not reply.

 

Surely they must have some mechanism to deal with such a situation?

 

Worse still, at the end of November a radiator fell off the wall, so the water itself had to be turned off.

 

The letting agent advised me that they will not send any one around, until the landlord says it is OK to do so. Further, they said at the time that if I pay for a plumber the Landlord will not have to pay me back. I understand now, through comments from friends, that this may not, in fact, be strictly the case.

 

This is upsetting and extremely frustrating.

 

I have also been advised that Section 11 of the Landlord and Tenant Act 1985 requires that the Landlord must keep in repair and working order all the installations for the supply of water, gas and electricity anyway. The Landlord is clearly not doing so.

 

This is not acceptable, aside from any general duty of care owed to me by the Letting Agent, the Landlord and the Local Authority too.

 

At the end of November 2009 I also asked the Letting Agent about getting out of my contract, due to these ongoing problems.

 

At the beginning of December 2009 the Letting Agent mentioned that once Environmental Health got involved I should be able to end my contract early, as the Landlord had still not replied to them at that time.

 

I have contacted the Local Authority at least twice now, my first call to them being in November. They, in turn, have not come out. Instead, they now say that they are going to write to the Landlord to get him to do the work.

 

This is all very well, but my children and I have to boil the kettle to have a wash!!!

 

The Letting Agent now, instead, just keeps saying that I signed a legally binding contract for 6 months, so cannot leave. Clearly, however, the Landlord is in breach of their repairing obligations, as well ignoring the duty of care they owe us.

 

For my part I pay my rent promptly and without incident. I would like to repair the boiler, but I do not have that sort of money.

 

I have since had it explained to me by friends how I can go about deducting these costs from my rent, without fear of retribution from the Landlord. The practical problem arises, however, in that I simply do not have the monies readily available to carry out these works, in default of the Landlord's neglect and inaction.

 

It also occurs to me that any contractors themselves will expect, fairly, to be paid promptly. Without ready cash available I cannot guarantee to settle any contractors invoice upon receipt though. This would not be fair on the contractor.

 

As mentioned, the Local Authority now say that they will write to the Landlord, but I first raised these various matters with the Local Authority back in November. This means they have done little, or nothing, so far, to assist. Again, this is very upsetting.

 

All this has happened, most worryingly, when we have just experienced the worst winter in many years too.

 

I have little confidence now that Letting Agent, Landlord and, of some concern, the Local Authority will pursue and, above all, resolve these problems with any urgency. That is, not without your own intervention and assistance, which I hope you can provide.

 

I am sorry to go on, but I am currently being given assistance from friends who have faced, or have dealt directly with similar issues, and so they have produced this letter for me to assist. I also have a number for the Local Government Ombudsman of 0300 061 0614 and will try to reach them by telephone, to ask what pressure can be brought to bear on the Local Authority now too.

 

If you have any queries, please do not hesitate to email me, or call me. As I am sure you will appreciate it may be quicker and easier for me over the telephone, as my friends have produced this email for me.

 

If you cannot reach me by telephone for any reason please do leave a message or email me and I will call back as quickly as I can.

 

I do hope that you can assist and look forward to hearing from you.

 

Yours sincerely

 

BINKHUS

 

=================================================

 

END - and quite likely needing an edit too (I've since knocked out those typos that I put in deliberately! ) but hope all this assists.

 

Any queries, please post again, or post your draft here for comment, prior to sending it on. Your email to the councillor doesn't have to be word perfect, but it does need to be a fair and accurate reflection of what has been happening - or not, as it seems here.

 

Posts such as yours though are one of the reasons - sadly - that CAG seems to prove so useful at times. For my part I have found CAG to be very helpful, so hope this post helps you too.

 

Good luck and best wishes

NewSAHD

Edited January 18, 2010 by NewSAHD
typos etc

[binkhus]

well finnally environmental health are coming to inspect on the 4th feb. due to how long this has been going on and seeing no light at the end of the tunnel i have signed up for another house and with a different agent and we are due to move on the 16th feb.

now obviously this is going to leave a shortfall in rent of about 4 weeks and i will pay up if i have to but in my opinion the landlord broke the contract first by not doing any repairs . will he have to take me to court to claim the money from my bond? will i get a chance to defend ?

[binkhus]

enviromental health lady came out today!!!!

she is serving him with a notice to get the work done in a week.... does anyone know what happens if he doesnt comply?

[MrShed]

Have you given notice yet that you are leaving on the 16th of Feb?

 

Have you reported any of these repairs in writing?

 

How long did the boiler not work, is it yet working? For hot water?

[binkhus]

hi

i have informed the letting agent im leaving on the 16th..... they just say im still liable for the rent till the end of march.

my requests for the repairs are documented in writting by the letting agent since the 5th novemeber.

the boiler has not worked since the 5th november and is still not working.

[MrShed]

An absolute farce.

 

Does that not work for heating either?

 

Quite frankly, that would make the property uninhabitable legally.

 

I would write to them advising that you believe the property to be legally uninhabitable, and as such you are moving out, with no rent due.

 

I would also advise that should they pursue you for the rent until the end of March, you will countersue for the loss of your enjoyment of the property due to their complete inability to complete their legal obligations regarding disrepair to the property.

 

I would ordinarily say that you should never leave a property due to disrepair, but in this highly extreme case of no boiler for 3 months, I absolutely agree with it.

[binkhus]

hi

right so the letting agent know im going on monday, they are saying i will still have to pay up till the end of march. they are saying even though enviromental health have got involved i should stay in the house or get taken to court.

no hotwater or heating and the landlord is still not replying to the letting agents calls, emails or letters.

the week the enviromental health lady gave him to sort the water out at least is up and its still not fixed.

 

now legally i would have said he has already broken the tennancy agreement by not getting these repairs done in a reasonable timescale but i am a little worried about my bond, its protected but the letting agent said they will put a claim against the bond for remainder of the rent till march, she was very rude on the phone and said i can't just move out ect.

 

any advise please?

[MrShed]

Tell them they can sue you for the rent.

 

You can then sue them for the deposit if they refuse to release it.

[binkhus]

thank you for your help. at the moment the letting agent is trying to get the landlord to release the bond and release us from the rest of the contract if we agree not to sue him for the time we were left without heat and hot water so fingers crossed.