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Old 12-05-2010, 09:39 AM
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Oranoco
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Default Tennancy experts

One of the chaps here is renting a first floor flat and had has 2 issues that the letting agent landlord are claiming are cosmetic and not under obligation to rectify.

1. Doors onto balcony won't lock
2. Electric in bathroom have failed and there is no extrernal window

Surely this can't be right can it? What can he do to get these sorted?
Old 12-05-2010, 09:46 AM
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Markb_s1
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I would say that both of those things are down to the landlord to rectify.
you may be able to get somethign done abotu the doors not locking by stating that it invalidates contents insurance or somethign like that.. assuming that they weren't likt that when he moved in.
Old 12-05-2010, 10:25 AM
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Assuming he has a short hold tennacy agreement. It should be in the agreement that the landlord is responsible for said items to be recified. Our standard short hold agreement states in clause 8.4 Repair - Landlord is to repair and keep in proper working order all mechanical and electrical items. In all the jargon it does say if its simply a fuse, bulb etc then tennant should sort.
Also check under the safety regulation bit as if its a fault with the fan etc then it falls short on the safety front to.

As for the doors if not broken when tennant moved in, may well fall to tennant to notify landlord and repair. But try the void insurance etc.
Old 12-05-2010, 11:14 AM
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AustenW
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I'm a landlord

Get him to jump out the window when sleep walking lol

A similar case happened a few years ago and the landlord was sued for millions
as he had been informed several times to resolve the matter.

The landlord is massively in breech

The bathroom does not need a window but needs a fan / vent as well as the electric sorting if they have had an periodic electrical inspecion and failed

Needs to be put in writting to the landlord specifying a reasonable deadline to resolve the problems listed

If not sorted out in a reasonable time the tenant can get the work done and charge the lardlord
Old 12-05-2010, 11:53 AM
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Is there any legal bumpf that can be quoted as he's already tried speaking and writing to the letting agent and just gets fobbed off. Think he needs something a bit more persuasive.
Old 12-05-2010, 12:02 PM
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AustenW
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Read the contract in depth

Then dont pay the rent, that will get there attention
Old 12-05-2010, 01:06 PM
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Originally Posted by AustenW
Read the contract in depth

Then dont pay the rent, that will get there attention
I would most certainly agree.

Read the contract and get a solicitor to write a letter quoting the clauses you think they're in breach of....

Not paying... yeh claim squatters rights.... adverse posession by not paying.

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Old 12-05-2010, 01:25 PM
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My brother had similar issues a few years ago. He wrote to the landlord quoting how much the work was going to cost and stated that unless the work was carried out within 14 days he would get the work done himself and deduct the cost from his rent.

It's best to keep it civil, but at the same time that landlord (and the letting agent) sounds like he's taking the piss.
Old 12-05-2010, 01:28 PM
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trash the flat
Old 12-05-2010, 02:52 PM
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wirralphil
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Isn't there a 12 month certifitcate or somthing which means the landlord has to have the electricity/gas checked. Thats what our ols landlady had to have.
Old 12-05-2010, 03:16 PM
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>> im busy renting a house from my friend (suposedly !) ive got a similar situation here with maintenance the needs doing ,, last month was the last straw so i witheld my rent and wrote him a letter as i thought this was best ,, however .. later in that week his mother turns up here demanding her rent and saying that i havent payed rent for 7 months ,, long story short is that my buddy has been pocketing my cash and not putting it in the bank ,, his mother has now gone to the court to get me and my family out of here ,, evan tho since then its been proven i have payed my rent !! .. i have got my rent book here with my m8,s signiture on it but for every month ive payed but because his name is not on the agreement it dosent mean shit!!!.. for a period last year we were claiming housing benifit ,, it turns out that because i payed that to my m8 and not his mum im under investigation for fraud aswell .. its all bullshit and my advice would be keep it civil ,, duplicate everything you send them and anything you recieve ,,

citisans advice is also very helpfull in these situations ....

good luck with it ...
Old 12-05-2010, 03:16 PM
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AustenW
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Yearly for Gas only

Electrical is not required but if it is dangerous you need to get an electrician to do a inspection and put it in writing to present to the landlord of the issues, this is then provable in court if it ever gets that far

The law nearly always sides with the tennant as long as your reasonable
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