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Rylie's Mammy! | Should I not pay the rent until problems are fixed? Or use rent money to pay for them? Details below? |
We rent out house through a rental agency, we pay £475 per calender month. Our rent was due Christmas Day but agency do not open until Jan 3rd, so rent cannot be paid until then.
Problems -
We moved in on Jan 27th 2007, by the 17th Feb, we had made them aware of a problem with the patio doors, they do not open without being pulled really hard and all the insulation stuff has come off, so there is a ridiculous draft! Still nothing done! They did a rental inspection on the 28th April, made them aware of the patio doors (AGAIN!!!) and also the banister has come off the wall on the stairs!
Still nothing.
Then in October we noticed damp on the walls and windows in the main bedroom (mould growing) so I rang the agency straight away, as I have read what illnesses you can get from damp. We have a baby so I was very worried!
A further rental inspection in November, showed them the patio doors again, showed them the damp, showed them the banister and they also tested the smoke alarms, which turned out not to be working either (we have since replaced the batteries). A week later they still didn't ring about the problems, so I rang twice, they said they contacted the landlord who will deal with the problems himself. So we waited and waited, still no-one came!
I am debating whether to use the rent money to get the things sorted myself and just send them the receipt.
What do you think?!
(apologies for length of question) :o)
Additional Details
In answer to your 'smug, saracastic and highly unhelpful answer estielmo' I do wipe it off the walls, I just dodnt think I needed to write my cleaning routine in the question. I also DO NOT live in England.... Grrrr, what an annoying person you are!! And even if I did live in a damp place, it doesnt mean it should be making mould grow on my walls and windows, idiot. Did you get that orange badge by being this annoying?! |
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Dom T
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Personally i wouldn't pay until anything is done, do not pay for them yourselves as your landlord will just charge you rent as well, it is his/her responsability to make sure that your living conditions are satisfactory..
What i would do:
1) try and contact the landlord personally, keep nagging him, but be friendly.
2) If you can't contact him/her keep making phone calls!
3) Look for other places to rent if you are that worried
Hope this helps :-) |
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chip2001
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I understand your problems but the first thing I would say is NEVER NEVER withhold your rent, all you will achieve is a poor credit rating. And the rent that was due on Christmas day should have been paid before then.
I would recommend you speak to the Citizen's Advice Bureau about the lack of action on the issues with the house. It appears that if the Landlord deals with problems himself then the property is not managed by the Lettings Agency - that means the owner does not give a portion of the rent to the agency to have them call out workmen - so your gripe is with the owner, not the agency. Maybe check with them as to whether the property is managed or not - that will tell you who you should be chasing. |
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WelshLad
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Never withold the rent.
I would get down to local CAB office and get advice, or even legal advice. |
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Rock of Faith
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What a nasty situation to be in.
It is best to pay the rent so that the owner has no grounds for evicting you. If there is an agency that can act as your advocate in this regard, then take it to them and explain to them exactly what you have explained here.
I wish you luck!
(It's okay. It was necessary!) |
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Jovi Freak
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I would also want to hold off giving them the rent, but dont do that.
Pay your rent in person and write down a list of your problems and dates that you have reported them, dates of visits to your home by them, dates of phone calls etc. Explain that if it is not sorted out ASAP they should expect a letter from your solicitor.
then, go to see a solicitor, there is always somebody offering a free clinic, go in and tell them your problems and they will tell you if they are able to help. They should be able to do something, at least a strongly worded letter to the agency/landlord which will give them a kick up the **** and hopefully get something done. |
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ProfessorC
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I'm not sure how things work in the UK but you can't withhold rent in the US without court approval.
Is their a code enforcement bureau in the UK- code enforcement makes sure that houses are fit for occupancy. If so ask them to inspect. |
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multitaskju@att.net
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Google "Landlord/Tenant Laws" on Google and find out what the law is in your country and town with regard to this situation.
What I would do here in California is write a letter (and keep a copy!!!) stating each time you brought up each of the situations and what was said, especially about the mold issue!!), but everything else, too. And if the law permits (per your research), write down the Code, Statute or whatever it is referred to in your country and if it states rent can be deducted if things aren't fixed, then I would get the stuff fixed and deduct it from the rent since they are doing nothing about it and you are living in a dangerous situation.
Putting things in writing is VERY important, especially if anything every has to go to court. Phone calls can be denied. Sure, they can check old phone records to see that a call was made, but there is no clear evidence of what was said in those phone calls. Having something in writing and dated each time is the best way to handle these things.
You MAY want to try this first letter to the landlord or property management with a carbon copy to the landlord as well as the Better Business Bureau if you have one there, and after writing down the content of each call, state that legal action will have to be taken if these items are not fixed within, say, one month (or less).
This has worked for me every time! You shouldn't have to live like that!! That's one of the "good" things about renting is that you have these things taken care of for you (as opposed to when you own and have to pay for it all yourself).
Sounds like a really lousy landlord and sorry to hear about this!
P.S. In the future, ALWAYS put your complaints in writing and keep a copy! :) Forget the phone calls, and even state in your letter that you wish to deal with these matters in writing from this point on. |
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jeff k
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Never withhold the rent, biggest mistake a lot of people make, once you withhold your rent you lose all your rights. The management co are working for the landlord and are responsible for any complaints you may have and are responsible for correcting them, management company's are renowned for not complying with rules and regulations, they are parasites making a living out of other peoples property who don't want to take responsibility for their own actions and look after their tenants, they will also try to find any possible way not to give you back your deposit, as soon as you give it to them they consider it to be theirs, as I said before parasites, much worse than estate agents. If your not happy with the place your living! move to a place that is safer for your child, damp and mold will cause some terrible lung problems, good luck. |
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estielmo
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In the US, neither is the first option. The problems should be presented in writing to create a paper trail before anything can legally be done.
And you should be wiping the walls down with disinfectant to combat the mold (funny that all the questions involving mold never mention the complainer is wiping it off as it appears). You live in England, for God's sake, it's ALWAYS damp.
[Anyplace using £ to pay rent is a damp climate, isn't it? LOL And you should mention that you clean the moild because you'd be surprised how many tenants think cleaning even dirt on the windows is the landlord's job.]
So you mention sticking door, missing rail and insulation. They are all rather minor so your next rent check should pose the question: should I do it myself and deduct or will you fix it before 30 days are up. |
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