To wonder if this is a breach of tenancy contract?

[housedrama]

NC for this in case it's linked with my other posts and identifiable (although think I'm past the point of caring!)

DP and I have privately rented a house for 2 years now. It's objectively a lovely house - large spacious Victorian style detached property. It's a little dated in parts, would benefit from new kitchen and bathroom but generally it's a nice property.

However, there's a couple of areas where the property leaks water. One is at the back door porch area, which has a flat roof. When it rains heavily water literally pours down the walls near the back door and forms a pool on the floor. The main bathroom also leaks from the shower area - bathroom is above the kitchen so we often get water dripping through the kitchen ceiling in places. It's usually only a small quantity but noticeable on the kitchen ceiling after someone has used the shower.

We first noticed these issues around 18 months ago and messaged the landlord about it. He promised to treat the outside of the property with a product that is storm proof and would prevent the rain getting in. We have had leaks since so I honestly don't know if this ever happened. With regard to the bathroom he sent a plumber round who, according to DP, looked at the shower and said the whole thing needs ripping out and replacing. He didn't actually do anything except report this back to the landlord. DP then messaged again a month or so later saying this is still a problem. We were sick of dealing with it by then, so DP told the landlord he would just buy some tile sealant and try re sealing/ grouting around the tiles to see if it stops the leaks. Landlord agreed for DP to do this. DP did this - it didn't work, we still had leaks.

Last night was the final straw. I went downstairs at 3am to make my baby a bottle when she woke in the night and the kettle wouldn't switch on. I thought it was the kettle that was faulty at first, but then tried the toaster and a lamp in the hallway, none of which worked. Basically none of the downstairs sockets were working and I had to take the kettle upstairs to sort baby's bottle. DP was on night shift so couldn't have a look until this morning when he got back. He said a lot of water had pooled top of our kitchen cupboards and was dripping down the walls, essentially tripping the electricity for the whole downstairs. We had to bin food we'd only just bought yesterday that had gone warm thanks to the fridge being off overnight.

I messaged the landlord straight away and said this needs fixing as a matter of urgency, and he has agreed to do so and asked that we don't use the shower in the main bathroom in the meantime. But in all honesty I have no faith this will get done in a timely manner as he doesn't seem to prioritise repairs or make things happen.

DP thinks we'd be within rights to withhold rent if this doesn't get sorted in a timely manner, so we can sort it ourselves. I'm not sure legally where we stand, though, I'm not convinced the property is safe or fit to live in, when it's not even water tight in places? I also worry that I could be electrocuted in the kitchen if this happens again?

Just looking for advice really. Is this a breach of contract? Where can I go for advice or support if he doesn't get this fixed quickly? Thank you.

Never ever withhold rent

Ok thanks. So what can we do? What are our rights? I don't think it's fair to pay the better part of 1k a month in rent to live in a house that is leaking water in multiple places.

Your tenancy agreement stated you will pay landlord ‘X’ amount in rent. DO NOT withhold rent. If you do you will be on break j of your tenancy agreement.
Of possible I would communicate with landlord via email, and get them to state a timescale.

• in breach

Yes but the contract also states that the landlord's obligations are to keep the property in a good standard of repair. He isn't doing that. So is he not in breach of contract himself?

I've asked for a timescale, all I've had is "asap"

www.citizensadvice.org.uk/housing/renting-a-home/renting-from-a-private-landlord/

Hi OP, all landlords need an electrical safety certificate for their property -
www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector

Since you've had current problems with water in the electrics that would invalidate the certificate that they currently have and require them to get a new one sharpish!

Hopefully you can use this info to ensure that both the electrics get fixed, and they'll finally fix the leaking shower - the certificates aren't cheap so if this happens repeatedly it'll cost them more than a new shower!

I think you need to get them to understand that this has escalated from an inconvenient situation to a dangerous one, and that you are not prepared to wait longer than 3-5 days for the situation to be remedied.

However, I wouldn't withhold rent - CAB link here advising against that -
www.citizensadvice.org.uk/housing/repairs-in-rented-housing/repairs-what-are-your-options-if-you-are-a-social-housing-tenant/withholding-rent-because-repairs-havent-been-done/

Best of luck getting it sorted.

Also why stay? Landlord doesn’t care rent somewhere else that’s safe

My DH is a solicitor specialising in tenant issues. Yea the landlord will be angry if you withhold rent, and probably take you to court but you have a counter claim for disrepair.

He has had clients withhold rent but it needs to go into a separate account and not be touched so kid you go to court you can say 'well I didn't spend it, I withheld it until the issues were fixed'

Contact shelter to see if you are eligible for legal aid and then ask for a solicitor who specialises in legal aid in your area. My husband would take your case no matter where you live because legal aid lawyers for housing cases are few and far between and he loves winning against shitty landlords (no he isn't paid a fortune)

@WoolyMammoth55

Thank you for that - I wasn't aware that it would invalidate the electricity safety certificate. I will ask the landlord what he intends to do about that.

@holdthepineappleextracheese

We are in the process of looking elsewhere but it's proving difficult to find what we need in the location we need it, within our budget, and commutable for both our jobs and DD's school.

Is there any section in the lease which covers if the house become inhabitable ?

@FAQs

Just this - not sure if you can make it out? I don't understand it, tbh.

It's not inhabitable, though. Just can't safely use the shower in the main bathroom or two of the plug sockets in the kitchen (the ones directly underneath where the water was pouring down the walls). DP has sorted the electrics so it's all back up and running for the other sockets in the kitchen, but we are not using those particular sockets just in case.

Withholding rent is never a good idea.

No electricity in a kitchen should be classed as an emergency repair. Especially if your cooker is electric, as you can't even boil water without it.

I'd contact the council and ask to speak to the environmental health officer who deals with housing disrepair issues. Explain that you have no electricity in your kitchen as a result of water penetration arising from previously reported leaks that have not been repaired. Make it clear that you have no means of refrigerating food (and cooking, if that it the case), and that you are having to boil kettles in the bedroom to make up bottles for your baby, which isn't safe.

Also explain that you can't use the bath/shower because it leaks into the kitchen, that would also be a priority repair, and that you reported the leak X weeks/months ago, and despite the tradesman deeming it unfixable, nothing further was done. EHO's have the power to issue repair notices for breaches like this. Give contact details for the landlord, so the EHO can contact them.

I really hope this gets sorted. LLs like this are utter shits, and give LLs generally a bad reputation.

Sorry, didn't RTFT and see that you have alternative sockets that can be used.

That rather alters things, but I'd still contact the EHOs.

Do not withhold rent. Contact environmental health at your local council. They can inspect and force the landlord to make repairs.

Doesn’t cover enough or help, shame it doesn’t say anything about alternative emergency accommodation.

Im surprised by someone’s comment stating to withhold rent (husband solicitor) very high risk advice and could potentially spark a section 8 breach notice.

You could potentially withhold a proportion of the rent to cover costs as quoted by a professional to repair but due process should be followed. When is your next payment due?

The person who mentioned the electrical certificate is right, it’ll need to be checked.

I’d give the landlord a deadline to sort it out, it’s supposed to be ‘reasonable’ however it’s unsafe, 24 hrs seems reasonable but the danger could escalate with immediate consequences. In the interim speak with the environment health.

At the minimum he needs an electrician out today.

Hi OP

Although you're private renting you can contact your local council for help.

Their environmental health department can visit and assess if property is habitable and if not issue the landlord with improvement notices to bring up to standard the areas not safe ie electrics

They can also advise on making a disrepair case / withholding rent and advise on your situation and what steps you can take. I would definitely take advice from them or speak to shelter before you decide to withhold rent

There is some information about improvement notices here

https://england.shelter.org.uk/professionalresources/legal/housinggconditions/localauthorityydutiestoodealwithhpoorconditions/locallauthorityhhsrssenforcement_action

This is the reality of renting.

You can't get somewhere you want in budget- which sort of indicates you have a below market rent. If the landlord fixes it up why wouldn't they charge you the going rate.

Catch 22.

Check if your local council (online) operate a private landlord licence scheme. Means LL’s can’t let property in their borough without evidence of all health & safety certificates & other requirements & renewing their licence yearly. Not all councils do it, but was hugely helpful for me when my ground floor flat (which I owned) ceiling fell in due to years of a leak from flat above that was never fixed despite being fobbed off repeatedly & told it was due to a faulty bath seal or tenants not using the shower curtain properly. Collapsed ceiling revealed rotten powdered joists from the water damage that gone on for years. Landlord refused to acknowledge the damage & was going to put new ceiling over them. They were clearly unsafe with whole floor at risk of falling in on me plus his tenants with it.
Thank god my council had this scheme because I was able to report him for being in breach of his license to let. O’wise only other option I’d have had would’ve been legal action which I cld neither afford nor should I have had to. They came out & inspected & he was forced to replace joists etc to a suitable standard within a fixed time frame. It was great to have them on my side. Think if they had repeat offending LL’s they would ban them from letting in the area again. (Although they probably would just use different company names/addresses tbh & carry on). Meant the tenants above got their shower & bathroom upgraded to an acceptable & non leaking standard too.

As PP have said he’s breaching electrical safety & health & safety obligations by these leaks & wiring issues if they are not fixed. However whilst he has a duty to provide these certs he’s not legally bound to unfortunately.

See if your council do offer this protection for renters though.

Don’t say you’ll be contacting them. Fingers crossed they do. But don’t withhold rent even though it seems logical to. Good luck!

Write to your landlord ( can be an email) Tell him/her that you need an urgent repair to both the electrics and the issue re the shower. Tell them that unless they sort the matter out in 24 hours you will be paying for the repairs yourself by withholding rent. Speak to environmental health at the local authority today and tell them the electrics are unsafe etc. They should do a full inspection and tell the landlord what work needs doing . If the landlord doesn't comply then EH have the option of having the works done in default and placing a charge on the property. It is very risky to withhold rent, however when I worked as a homeless officer I would not have found an applicant to be intentionally homeless if;
A) they had withheld the rent and kept it in an account and not touched it.
Or
B) They had got quotes to do the work in default , chosen the best quote, had the work done, sent all the paperwork to the landlord and then any money left over to the landlord.
You need to speak to the appropriate officer at your LA first thing. They sometimes have a tenancy relations officer who will speak to your landlord and point out where they are going wrong.
You have the right to live a safe home that is free from disrepair, and it doesn't matter if the landlord isn't charging you the going rate in rent. If something awful happens they could be taken to court and that isn't a defence/reason for not carrying out repairs. Take photos too of the disrepair, so you have a paper trail as that is really important.

england.shelter.org.uk/housing_advice/repairs/complain_to_environmental_health_about_private_rented_housing