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mafiaduck

Who is responsible, Landlord or letting agent?

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Hi,

My dad rents a small apartment, he's 62, and not in great health.

The letting agent knows this, and said if he needs any help to let them know.

 

4 years ago there was a leak in the roof (he's top floor of a 2 floor building).

This leak lead to water coming down his walls, we reported it, a few people came out for quotes, and then a week later someone we didn't get a quote from was up on the roof fixing it. 

 

About 12 months later, the leak was back, and the same person 'fixed it'.

We also had the walls painted to cover up the staining from the mould and water that had resulted from the leaks.

 

8 months later, we had really bad rain, and again it leaked.

This time plugs started to fizzle as water was running down by the electrics.

We reported it, turned off the plugs in that area, and the next day the same guy was there to fix it.

Through 2018 we had no real issue.

But this year it started again, In May we had leaks, and someone (new guy) came out for a quote and was meant to start work that week.

But it didn't happen for whatever reason.

 

This past weekend it got bad. Really bad.

More so than we've seen before with damp patches appearing in multiple rooms, running down door frames and again some going all around a light switch and two sets of plugs.

 

WE reported it on Sunday, through the out of hours team (which is a phone thats ALWAYS turned off).

On Monday we spoke to the letting agent in person, who said they were aware of the situation (that being the May one) but could not reach the landlord. for two months, so had not been able to get him to agree to work being done.

I explained the situation, and that it's a health risk, and environmental health would probably have to be involved They told me they'd be back to me.

An hour later they told they magically got in touch with Landlord, who had responded to their email, and he will be sending his son to fix the roof... no idea who his son is, but

 

I now suspect he's the guy who fixed it before.

Except he's been on holiday and was on his way home Monday, so would come around first thing Tuesday.

Never showed.

 

Didn't show up today either, and when I called to ask I was just told again that they can do NOTHING, absolutely nothing, unless the landlord says it ok.

So we just have to wait... in a house, with a leak, near plugs.

IF the rain gets heavy again, it will spread back to the plugs.

If it stays dry, it'll probably be ok.

But that's not exactly something I think that should be risked.

So do the letting agent have ANY duty of care responsibility?

my dad was a day late with rent last year (he was ill and just never got out of bed), the next day he had them on the phone asking for the mixed payment.

 

So they sure have a duty to the landlord, and they act on it instantly, but it seems crazy that they can just say "just wait" with potential hazards, while they wait to see if they can get a reply.

 

God forbid, but if the electric and water caused a fire or a fatal shock, aren't they partly responsible?

I just want to know what I can say to try and push them into more action, because I phone every day at 9am, and get told

"we'll call you later when we've spoken to him" and it's me calling them back at 4:45pm, to get told nothing has changed.

The annoying thing is, he lives just a few doors down from me (I'm his carer) but we have no room for him, however he's concerned that saying certain things will cause the landlord to just kick him out, when his contract runs out in October, but the flat (apart from the leak) is perfect for him. It suits his personality and he's close enough that he has all the help he needs, and there's no where else suitable around here that is affordable, or available right now.

 

To add to this issue, I go away on holiday on Saturday, my sister will be checking in on him... but she is unreliable at best... but if we get more rain and it gets worse I'm concerned he wont think to keep calling and get updates, and report any worsening of the situation.

I guess in many ways I'm just lost as to what to do, but if anyone knows if there's anything I can point out to give the letting agents a foot up the ass, or just reassure my dad in some way, that would be fantastic

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It might be worth talking to the council lettings officer, they're meant to be able to help if the flat is in an unsuitable condition, I believe.

 

HB


Illegitimi non carborundum

 

 

 

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you go to the council housing dept and ask them to come and visit with the presumption of making a repair  order on the landlord under the relevant housing act. Now they can do the repairs and make the landlord pay if he doesnt play ball and in extremis they can apply s56 of the 1958 act and demolish the unfit for habitation building!

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Hi

 

I understand you may not want to but I have to agree with the Council approach you need to report this to there Private Housing Department.

 

If a Deposit was Paid is it protected in a Tenancy Deposit Scheme?

 

When the sockets were fizzing due to the roof water ingress was the letting agent made aware of this? (after the works to restore the property after this was an electrical inspection carried out?)

 

Check the letting Agents website are they member of any registered bodies and have to follow there Code of Conduct? (have a good look for this on there website and check also check the registered bodies code of conduct, if they are registered and haven't followed it report it to them also) 

 

Who is the Letting Agent? (entirely up to you if you want to name them)

 

Have a wee look at this CAG link (especially the electrical safety etc.)

 


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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