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chelbleu | I am having problems with my landlord? |
I am having a problem with my landlord. I have raw sewage on the ground outside of my flat. I told the landlord about the smell of raw sewage coming from my broiler whenever I would use the hot water about 3-4 weeks ago. Since then the problem has gotten worse and there is now raw sewage on the ground outside of my flat.
I have been contacting my landlord to get this problem taken care of for an additional 2 weeks now, and I keep getting a song and dance "Oh I will come out and look at it" They don't show. So I call them to find out why they didn't come by and am told "I stopped by and looked at the problem. I am going to have to call someone because it looks like your sewer drain is blocked"
They didn't bother calling me or even ringing my doorbell to let me know they had stopped by to look at it. So I contacted my landlord today and was told "I am having to contact the management company about it" I am getting fed up with this. It is ridiculous now, and I am wondering what legal grounds do I have?
Can I withold my rent until this problem is taken care of? Can I deduct from the rent for every week this problem isn't taken care of? I am tired of not being able to open a window because of the smell of raw sewage. Is there any way I could get out of my lease because of their ineptitude?
Sure the problem may get fixed, but if this is how they are going to take care of things then I would much rather just find another place to rent. Any insight or advice would be appreciated. Thank you in advance. |
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christine w
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In general housing policy that should be classed as an emergency and should have been dealt with at the latest 48 hours! Your landlord needs to take his finger out of his bum! That is a health and safety matter that needs to be taken seriously.
If you told me what country you live in I could tell you more. As I am from N.Ireland our policiies may be slightly different. Get in touch with housing rights to find out where you stand. or your Citizens Advice Bureau.
xx |
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acermill
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You need to give them adequate time to repair such a situation. While unsavory, raw sewage OUTSIDE doesn't make your flat uninhabitable.
My guess is that repairs over a certain cost need management approval, and sometimes the chain of communication isn't overly fast. Just keep gently bugging them every week, inquiring when the problem will be handled.
Meanwhile, this situation isn't grounds for invalidating your lease agreement. Keep your windows closed until it's handled.
Of course, if it goes on TOO much longer, then it's time to contact the local health authorities to advise of the situation. |
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jeff k
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NEVER withhold your rent! that is a big mistake, contact your local council and give them the details, or go to the CAB and ask them for some info. |
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WelshLad
 |
Do not withhold paying rent, this will make it worse. |
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gafpromise
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You need to make a final demand in writing and inform them you will be taking them to court to break your lease over this. Make a paper trail, document everything and your attempts to contact them. This is a sanitary hazard and is creating an unhabitable condition. Enough with the phone calls! Write a letter and tell them you will see them in court if they do not fix within 48 hours. |
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wiggles
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my advice would be to call your local health dept right away you've already waited 4 weeks before to much longer the raw junk will start coming up into your home and sewer back up could cause you major health problems i say contact the health dept and a lawyer and ask them your legal rights as to getting out of your lease or with holding rent keep your windows closed in the mean time turn on a fan if you need to get the air flow moving in your place. the health dept country assessor will come out in 24 hours and check out the problem and you landlord will be given so much time to fix the problem like 30 days or they can condem the place altogether good luck |
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estielmo
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No, you can't take it on yourself to withhold rent. There are several hoops to jump through.
First call the city health department and the housing department. Then send the landlord a letter letting him know you did this and giving him 5 days to address the situation or you are moving and taking him to court for your expenses.
Take photos and keep a log of your contact with the landlord. Do everything in writing to establish a paper trail for court action. |
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Margaret S
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Do not withhold rent you put yourself in the wrong then.
I had a similar problem with a tenant who had a blocked drain and a mess int heir back yard. It took me a week and a half to get a company out to look at what needed done. Then I had to wait for their quote which took about another two weeks. Then when I okayed the work I got an appointment from them for the next month.
My tenant was brilliant about it all and the work got done but from being reported to me to being sorted was a few days over two months in the end.
Clicking fingers only works in films I am afraid. |
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Shirley D
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Call the board of health department in your area. There is plenty you can do. Keep a list of the times you called your landlord and there response and note that that did not show up and so on. good luck |
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stanthemansmum
 |
Get in touch with your local council's Private Tennant's Department and let them deal with your landlord! They will come out and take photos and make a report into the repairs that are needed. They will then discuss with you the best way forward. They can serve a notice on the landlord giving him a certain amount of time to fix things up - and they will not allow a botch job either!
Emergency jobs like this should be done within 48 hours. It is not acceptable to have raw sewage around at all but certainly not for a few weeks! it is likely the council will get Environmental Health involved too. Ring them this afternoon and let them deal with it - they have more practice.
They can also look through your contract for anything that should or should not be in there - they found mine wasn't worth the paper it was printed on! They will also talk to you about your rights re: deposit scheme and what it means for you if your landlord hasn't complied (he loses rights and you are in a stronger position).
Good luck |
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Frost Bitten
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Call the health department on his a**. They will give him a certain amount of time to take care of it. Then I will call a lawyer and find out if you can legally hold rent on him. |
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Weimaraner Mom
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Legally you cannot withhold your rent because your landlord failed to repair something quickly. If you withhold rent your landlord is well within his rights to evict you from your flat. How many of these notices to your landlord did you make in writing? 1, 2 or none? All repair requests need to be made in writing sent certified return receipt requested so you have proof that he received the letter. Give your landlord 2 weeks to repair the issue, explain that if it hasn't been taken care of by that time you will call out someone to repair the issue and deduct the cost from your rent, then you'd have to provide your landlord with receipts and send a check minus the amount it cost you to repair. If this ended up in court you'd need proof that your landlord failed to comply such as letters you sent and photographs you took of the problem, just saying I made phone calls is not proof and it's now your word against your landlords, he could argue you never called or you only called once.
Since you said "flat" I'm assuming you're in the UK. Don't you have a Citizens Advice Bureau? Apparently from what I've read they handle tenant landlord issues, they will advise you of your rights and help to get your repair issues resolved.
As for your landlord notifying you he'd been out there, he is not required to do that and it would have been a courtesy to ring your doorbell and tell you he'd been out. Yes, it would have been nice that he let you know but it's not required.
Send a letter and inform him that you understand he has to call someone to get this fixed but if it's not resolved by {enter date here} that you will call someone out yourself.
I do stress that you contact the CAB and find out your rights, I'm not familiar with UK tenant landlord laws but in the USA the landlord is required to repair within 2 weeks. |
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W
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How long has this been going on? Give them adequate time to solve the problem. |
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Stig Bubblecard
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give him 4 weeks and then hold back part of your rent until it is sorted. By law landlords have 24 hours from the first report to start sorting the problem out. |
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