Tenancy rights

Man of Honour
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17 Feb 2003
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I'm two months into a one-year tenancy agreement and at the start, I listed 5 items that needed urgent attention, including a broken shower, broken bathroom towel rail, and a broken door. Whilst these aren't major, I've been on to the agent nearly every day and all I get is fobbed off with different excuses each time.

Looking at the tenancy agreement, there doesn't seem to be anything that obligates the landlord to carry out such work. Now I could pay or do the work myself, but my tenancy agreement forbids this, and I have no way of recovering the costs.

Does anyone know of or had any experience with this kind of thing? What really are my rights?

Thanks
 
Soldato
Joined
13 Jun 2011
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6,012
Send a letter and give them a time scale that you expect a reply by, with a phone call you have no proof that you have been asking them other than phone records.
 
Soldato
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I don't have detailed knowledge, but my general opinion would be that you do have general rights to live somewhere that was fit for habitation. So, say your shower was broken in a way that prevented you from using it, this would be a major fault, and it's likely to be a breach of contract under the tenancy contract if the agent is not making an effort to fix and has not fixed it within a reasonable timeframe. Basically, if the property is not habitable, it will be a tenancy contract breach, and the agency is legally not doing their job properly. However, getting them to actually do something about it may still be difficult. I guess the first step would be identifying these rights, and then writing them a letter about it, so you have something in writing for legal purposes. Gradually start putting more pressure on them.
 
Soldato
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Yeah, just to add ... basic procedure is write letter explaining problem and your rights, give them reasonable timeframe, and then start threatening legal action ... Citizens Advice Bureau would help.
 
Associate
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Devon
You should have received a document with the properties generally condition detailing any damage, wear and tear etc which both parties sign... so upon you leaving the property this can be referenced against, *edit - I see it's not compulsory - shame.
Just take some photos of the areas of concern and make sure you keep any comms with them, without the aforementioned document they don't have a leg to stand on.

As for getting the things repaired.....good luck
 
Soldato
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Is there not a phrase in your contract along the lines of "The landlord agrees to keep in good working order the facilities and structure"?

Actually just checked mine and it says the exterior of the building, the structure itself, and the gas/water/electricity supplies. So I suppose my landlord could dodge a leaky shower or wonky door.

That said, mine is a live in landlord contract so I'm probably covered by "right to use the bathroom and kitchen facilities". Common sense should prevail surely.
 
Man of Honour
OP
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Location
Chelmsford
Is there not a phrase in your contract along the lines of "The landlord agrees to keep in good working order the facilities and structure"?

Actually just checked mine and it says the exterior of the building, the structure itself, and the gas/water/electricity supplies. So I suppose my landlord could dodge a leaky shower or wonky door.

That said, mine is a live in landlord contract so I'm probably covered by "right to use the bathroom and kitchen facilities". Common sense should prevail surely.

Yes exactly this. The contract appears to favor the Landlord allowing him to, as you say "Dodge" any inconvenience repairs, giving me absolutely no rights.

There is a clause for "fit for habitation but as far as I can see, this is more for serious matters where it can cause ill health.
 
Soldato
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Warwickshire
Why didn't you look over the property before you moved in.... And if you did, why on earth did you move in, all the broken stuff should have set off alarm bells
 
Man of Honour
OP
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I did, but at the same time, why would I try the shower on viewing. It's no different to buying a house, you start to find things only when you have to use them.

I highlighted the problems before and on the day of moving in and they said they would be fixed. Given the high demand for property, you can't afford to sit around.
 
Tea Drinker
Don
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Tell them you are reducing your rent to accommodate the reduction in facilities, then they will have to explain to the landlord why the rent is dropping. Be fair though a broken towel rail wouldn't be a reduction but a shower depending on what the fault is a clear reduction in facility. Maybe also backdate it. Give them a months notice you are going to do this and explain it all.
 
Man of Honour
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Shropshire
The threat of not paying the rent until it's sorted works wonders. Funnily enough the problems are always fixed before you actually have to withhold the rent and therefore there's no breach in contract.

Letting agents don't want the ball ache of having to explain to the LL why they've got to go to court to get your rent.

If you've got your LL details going direct normally get's it sorted much quicker as well the LA don't really care and most of the time are just saying yes down the phone until you go away while browsing ticktok or something.
 
Soldato
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the LA don't really care and most of the time are just saying yes down the phone until you go away while browsing ticktok or something.
This is something I eventually cottoned onto. Estate agents will just say yes to anything until you go away. I've had it with central heating, safety checks, all sorts. It really is that simple - they just keep saying yes, sure, we'll do that.
 
Man of Honour
Joined
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Shropshire
This is something I eventually cottoned onto. Estate agents will just say yes to anything until you go away. I've had it with central heating, safety checks, all sorts. It really is that simple - they just keep saying yes, sure, we'll do that.

Almost every time with ours, they get a couple of chances and then get told rent will not be forthcoming until it's sorted. Magically it's resolved within the week.
 
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