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Please help! Advice about building work in rented property...

Started by JassBe, August 10, 2015, 09:40:07 AM

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JassBe

Hi guys, I would rely appreciate if someone can help me with the following... I am renting my flat from an estate agent in Central London. Last year I had a water leak through glass ceiling in my dining room and was informed that the glass ceiling will have to be replaced at some point. I have no heard anything form anyone and nothing has been done for 8 months from the leak. About 2 months ago I have asked the estate agent when the work is going to be carried out but they couldn't give me the dates...

The end of July I went abroad on my holiday and I am still away but this morning I have heard from my friend who is looking after my flat while I am away that the builders want to enter the property TODAY and start with the work... When I contacted the estate agents they told me that I have to get in touch with Building Managers and clear it up with them as the estate agents say they cannot help me... and this is nothing to do with them!

Am I right in thinking that I was supposed to be informed about the building work and the dates of work being carried out?

I have been in touch with the building managers and they told me they have sent me an email on 29th July. Being on holiday since 25th of July I have not been checking my emails and when I checked this morning, yes I have found an email in my junk mail marked as fraudulent!

Would someone know how long notice was I supposed to get and from who? The estate agent, landlord or building managers and who is responsible for this mess... I have been asked to cut my holiday short and come back to London or they will enter the property without me being there.

Please, please, please... if someone can help it would be greatly appreciated.

Thanks in advance! :)


Dj_efk

Apologies but a slight correction: you are renting from a Landlord, with the agent acting on their behalf. Therefore the delay in getting the work done would probably have been mostly due to the LL dragging their heels on making a decision.

Relax and enjoy your holiday, they can't enter without your permission unless in case of an emergency. Any agent worth his salt would have tried calling you, assuming they have your contact details correct from when they showed / signed you up. Is there no option of getting a friend or relative to be present whilst the builders are doing the work by any chance? If so then problem solved assuming they can get keys from the LL. Let us know what happens.

JassBe

Thanks for the reply!

I have managed to get one of my friends to housesit and let the builders in... the glass roof is getting replaced right now. Unfortunately I have not managed to  convince the estate agents to delay the work for a week or so and I had to organise for someone to be in the flat today and tomorrow.

I was not given LL contact phone number and estate agents were not willing to pass the details... and as the estate agents were not in the mood to negotiate the dates with me I was left with no option but to return early from my holiday or to find someone to be present in the flat today and tomorrow.

Thanks again!

Dj_efk

Well at least it's now sorted, just cook your friend a nice meal to say thanks - job done

JassBe

I would really appreciate if someone can help with the following...

Ceiling windows in the flat that I am renting have been replaced this summer, however, original windows were ripped out and the open gaps were covered with some boards for couple of days... It rained in these couple of days and it rained into the flat... very expensive wooden floorboards were damaged as well as walls surrounding the windows were soaked with rain.

The building managers accepted liability but they do not want to do any repairs before my tenancy ends next year in May! Do they have a right to do that? The flat doesn't look the way it looked before... the floor is ruined and full of wet marks, the water is gone all the  way through... walls are crumbling and pealing, window blinds are totally ruined .... and they still expect me to pay almost £4000 rent every month?

Beside this, there is also damage on the walls from the flood from a flat above mine from last year that has not been dealt with... and now this... the flat definitely doesn't look anything like the flat from a year and a half ago when I moved in...

Is there anything that I can do to make them do the repairs and to bring the flat to the original state?

Any advice would be greatly appreciated :)

Hippogriff

From your text, you appear to be dealing with some kind of Manager... have you approached, or been able to approach, your Landlord directly?

There is a well laid-out process, defined by Shelter, on how Tenants should approach doing repairs themselves if their Landlord will not do them or will not do them in a reasonable time (reasonable time is never properly defined, but I think the suggestion that they will wait until your tenancy ends is not reasonable) and then deduct the money spent from the rent.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

Then this, the main one:

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/tenants_repairs_and_improvements/tenants_doing_repairs

To do this, you must follow the process to the letter, no short-cuts. You can't just unilaterally decide (not that you hint at this) to withhold rent. Following this advice really amounts to giving people notice of things they must do, but in writing, and maintaining a record of their failure to address the issues - then using that to take the steps of doing the repairs yourself, but on their behalf.

JassBe

Hi Hippogriff,

Thanks very much for the reply and for the very helpful links :) I will investigate the avenues suggested and see where that is going to take me...

Estate agency that I have rented the flat through is refusing to give me Landlady's contact details. I have asked for it numerous times but every time I have been told they have not been authorised to pass her contact details to me... Whatever that means.

I have tried to sort this out with the estate agents but they've told me that I have to get in touch with Building Managers about repairs. Building Managers are next door to the flat I'm renting but they are not in a hurry to do any repairs. They have admitted liability over the ruined floor, walls and blinds. Builders appointed to do the work in the flat were the builders who were working for the Building Managers...

I have taken photos of the damage when it happened, back in August, and at the same time I have informed the estate agency. At the same time building managers said they will come to inspect the property and to take the photos of the damage but they never came until this Monday just gone when they told me they will not do any repairs until my tenancy runs out and I move out...

I have no intention of withholding the rent but I do think it's totally unreasonable decision that the repairs will not be done until I move out next year in May, as I will be staying in the flat where one room cannot be used as it smells of dump, the floor is totally soaked, the walls are dirty and wet from the leaks and once white blinds are now brown and black... and the other room has yellow and brown wall leak marks from the flood in the flat above mine and it's been there for over 8 months now...

I have emailed estate agents couple of days ago again to ask again when the work will be done and this is what I have received as their reply:  "It's good to know that the managers are looking into replacing the floor, but again I don't know about when the wall below the window will be fixed or the blinds or when the leak damage will get repaired as these are all the building managers 'jurisdiction'.

I wouldn't know why the managers would comment on work being done when you move out, perhaps her comments were 'general' and only taking in consideration the jobs that need doing in the flat are somehow too big with a tenant around"

What do you say about the reply of that kind??? It left me totally speechless... 17 months ago I have paid over £10.000 to move into that flat, and since then I have been paying almost £4000 rent every month. I have never been late with the rent, further more I always pay my rent at least 3-4 days before the rent is due. I have looked after the flat like it's mine and never made problems about numerous visits from the estate agents... I must of had over 10 visits to the flat since I moved in, for all sorts of reasons: architects, pest control, regular check ups, gas inspections, etc Every time I had to take time off work because they all want to come at the time when I should be at work... and now the flat is totally ruined not through the fault of my own and they don't want to repair it...

It makes me think that it doesn't really matter how much you pay for the flat you always end up living in a dump...


Hippogriff

Quote from: JassBe on September 30, 2015, 09:31:02 AMEstate agency that I have rented the flat through is refusing to give me Landlady's contact details. I have asked for it numerous times but every time I have been told they have not been authorised to pass her contact details to me... Whatever that means.

You could try this...

Write to the Letting Agent. Say that you have "taken advice..." always good to leave that generalised. And you now require the Agent to provide you with the Landlord's contact details. It does not matter if the Landlord does not authorise the Agent to do so, they must respond to a written request. You can then quote The Landlord And Tenant Act 1985 - Section 1 - "Disclosure of landlord's identity." if you like.

If the Letting Agent refuses to provide these details to you within 21 days of receiving your written request, then they are committing a summary offence and are liable on conviction to a fine not exceeding level 4 - that being £2,500.

Relevant URLs for you to digest:

http://www.legislation.gov.uk/ukpga/1985/70
http://www.legislation.gov.uk/ukpga/1982/48/part/III/crossheading/introduction-of-standard-scale-of-fines

Of course, you understand you will be escalating the situation by taking this avenue, so you might want to consider what is best for you in the long run.

To net out the legislation - "If the tenant makes a written request for the landlord's name and address to any other person acting as agent for the landlord that person shall supply the tenant with a written statement of the landlord's name and address within the period of 21 days beginning with the day on which he receives the request." - it's pretty simple and unequivocal.

JassBe

Hippogriff, thank you! I will definitely try this option. I had a pleasure to meet my Landlady 17 months ago when I was moving in and I was under impression that she was a decent and very friendly person. Hopefully this will get things moving in the right direction...

Hippogriff

Obviously the Landlord might be entirely unaware of any detail so if (when) you receive their contact details, be prepared for them to not even understand that the Letting Agent has been obstructing direct contact. While the Landlord may have instructed the Agent to behave like this, they may not have and they may be surprised to learn of your predicament... something the Agent may be at pains to hide.

JassBe

Hippogriff, thank you! I will follow your instructions and request the contact details again. Hopefully I will manage to get in touch with her and with that throw more light on the ongoing situation...