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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Landlord dragging his heals

91 replies

WhatevaTreva · 09/01/2023 13:50

Right.

I’m currently paying £700 rent a month for a two bed, and it’s about to go up between 2.5% and 5.5% in March.
I am a reasonable tenant. I have a fairy good relationship with the landlord but I’m shy and tend to play down my concerns because I don’t want him to sell up because I’ve bothered him (I have anxiety), as there are no other affordable homes local to me and I need to stay in this area.
Anyway, a few years ago my power shower broke, it took him 6 months to fix, 6 years ago my fence fell down (the one which is a partition between my garden and my neighbours); it took him 3 years to fix. You get the jist?
So, in November I messaged him that my garage roof was leaking as we were already communicating about something else (a leaky pipe 🙄). He sent someone round the next day to give him a quote. He’s since had 3 of his own quotes and one quote that the estate agents arranged.
Having 4 children in a 2 bed means I need a lot of storage. All 4 are the same gender so there are lots of hand-me-down clothes and toys stored in the garage. As well as this there are car seats and other children parifamaluia. Yesterday I went into the garage and there is mildew and mould on lots of items so now by belongings are ruined.
My question is - am I unreasonable to think that rent should be withheld until this problem is fixed, and once it’s fixed to pay the outstanding I owe? As a passive person I don’t want any conflict, but also, I now have to replace ruined items, and don’t see the problem being fixed any time soon.
I got an email today from the estate agents to say they have tried to call and have emailed him today after I emailed yesterday to see if they could rush it along.
I’m asking for advice as I know I’m in a contract with them to say I will pay the full £700 a month, so would it be wrong of me to suggest withholding rent? Also, one of my worst fears is saying my bit and then the other person (estate agent in this case) going - “actually blah blah blah” and shooting me down.

Thank you for taking the time to read, and I look forward to reading your advice/comments

OP posts:
WhatevaTreva · 09/01/2023 14:32

Dehumidifier won’t work as the garage is about 30m from my front door, however I will take out contents insurance today
thanks

OP posts:
WhatevaTreva · 09/01/2023 14:38

Any suggestions on how I respond to this email
“we have tried to call and have emailed the landlord today and are waiting for a call back”

I want to say - “ I am very aware that my rent will be increased in 2 months and I now have to replace items which have been ruined. Could the landlord be asked to hastily accept a quote for the work and have it done please”

but is that too feisty?

OP posts:
itsthefinalcountdown1 · 09/01/2023 15:17

You need to stop being so meek. The landlord repeatedly drags his heels, because you never kick up a fuss. Start making a fuss and things will be done quicker. A leak should never take months to fix.

Sorry about your items, but you knew the garage was wet. You should moved them into the house/storage (and invoiced him for storage if it took longer than a reasonable amount of time to fix the leak). You will know for next time though!

WhatevaTreva · 09/01/2023 19:13

Had no idea I could invoice him for a storage unit! I hadn’t even thought about that.
how would I word it?

the garage roof is such a problem now that I have to hire a storage unit to store my belongings until it is sorted. Can the price of this be taken out of the rent money?

OP posts:
thecatneuterer · 09/01/2023 19:22

You can't invoice him for a storage unit. Garages aren't intended for storage. They are intended to keep cars in. If you want to use one for storage, given that they are always cold and damp and even if the roof didn't leak things would still be likely to go mouldy, then it's at your own risk.

And you can never withhold anything from the rent without risking your tenancy.

WhatevaTreva · 09/01/2023 19:25

Hello,

Did you get a response?

The garage is becoming such a problem now. Some of my things are completely ruined due to the mould caused by the damp. I’m going to be forced to move my remaining things to a storage unit but I do not have the disposable income to do this. As it has already taken 6 weeks I feel that it’s gone beyond a reasonable amount of time

I know this is no fault of yours (estate agent’s name), but it’s causing me so much stress and anxiety. I’ve had to throw away belongings which will now need to be replaced. Could Mr. Sander be asked to hastily accept a quote for the work so it can be done? Or am I in my right to offer I pay for it and take it out of the rent payment? I’m sorry if this comes across as rude and/or unreasonable but the problem is making me ill with anxiety

Thank you in advance,

i sent this to the estate agent.
I did start typing a WhatsApp message to the landlord as this is how we communicate sometimes (I don’t have his email), but I didn’t send it as it’s the evening and I don’t want to come across as rude. I have huge anxieties about losing this house so I am ‘meek’, and a complete pushover 🙄

OP posts:
thecatneuterer · 09/01/2023 19:27

Oh, and even if you have contents insurance it is very unlikely to cover items stored in a garage, as garages aren't intended for storage. Particularly so if you are claiming for damage caused by damp, as garages tend to be damp.

WhatevaTreva · 09/01/2023 19:28

It was cold and slightly damp, but like I said, this is the first time in 10 years it’s been wet and mouldy. Car seats and things are wrapped in bin liners and clothes are in storage boxes, which would usually keep everything safe from mould, but not now because of the leak.

OP posts:
thecatneuterer · 09/01/2023 19:30

That email isn't bad. But I wouldn't mention about getting the work done yourself and taking it out of the rent, as that would never be an acceptable way to do things. Also try to keep it factual and don't talk about it causing anxiety etc - imo it really doesn't help. Better to just stick to facts.

Nocutenamesleft · 09/01/2023 19:31

DO NOT WITHHOLD RENT!!! if it gets tk court you’ll be in the wrong

Nocutenamesleft · 09/01/2023 19:33

A garage is to only store a car In

sadly you’ll be told that and that you should never store anything that needs to stay dry. I’ve just had this with someone.

even if you get people out they’ll also tell you that as garages are usually a single skin porous brick work.

thecatneuterer · 09/01/2023 19:34

WhatevaTreva · 09/01/2023 19:28

It was cold and slightly damp, but like I said, this is the first time in 10 years it’s been wet and mouldy. Car seats and things are wrapped in bin liners and clothes are in storage boxes, which would usually keep everything safe from mould, but not now because of the leak.

nonetheless, garages are intended to keep cars in. If you want to keep other stuff in there that's your risk to take and not the landlord's responsibility.

Nocutenamesleft · 09/01/2023 19:37

WhatevaTreva · 09/01/2023 19:13

Had no idea I could invoice him for a storage unit! I hadn’t even thought about that.
how would I word it?

the garage roof is such a problem now that I have to hire a storage unit to store my belongings until it is sorted. Can the price of this be taken out of the rent money?

You can’t do it now the storage unit.

SarahAndQuack · 09/01/2023 19:39

No, you really can't withhold rent. I do sympathise about your LL taking time to fix things, but you can't complain about things stored in a garage getting mouldy - that's how garages are! You would expect it. It's not a heated, insulated part of the house.

I can't imagine, even if you had contents insurance, that they would pay out for belongings stored in a garage getting mouldy.

Nocutenamesleft · 09/01/2023 19:39

WhatevaTreva · 09/01/2023 19:28

It was cold and slightly damp, but like I said, this is the first time in 10 years it’s been wet and mouldy. Car seats and things are wrapped in bin liners and clothes are in storage boxes, which would usually keep everything safe from mould, but not now because of the leak.

It doesn’t matter. Because as @thecatneuterer has stated is correct. A garage isn’t a place to store things.

thecatneuterer · 09/01/2023 19:42

Thinking about it I'm not even convinced the Landlord is obliged to fix the leak at all. After all it's not living accommodation. A leaky garage is still functional as a place to keep a car. It could be seen in a similar way to garden fences - there is no duty to repair them or even to have them. I'm not at all sure about this, but I'm pretty sure it wouldn't be seen as a disrepair issue by the local authority for example.

FlowerArranger · 09/01/2023 19:56

I'm not sure anyone here can really help the OP. She needs to talk to Shelter and/or post at LandlordZone.

ittakes2 · 09/01/2023 19:56

I read up about this recently you can't withhold rent but can negotiate a discount so suggest to the real estate agent a discount. Ask if his insurance cover the damage?

thecatneuterer · 09/01/2023 20:01

ittakes2 · 09/01/2023 19:56

I read up about this recently you can't withhold rent but can negotiate a discount so suggest to the real estate agent a discount. Ask if his insurance cover the damage?

Landlords insurance never covers tenants' contents. Particularly if the damage was caused by them being stored in an unsuitable location.

I would certainly counsel against asking for any discounts. Garages are not for storage. A leaky garage isn't a major issue and certainly not one worthy of any sort of discount. Your best bet for a good outcome is to ask politely. Don't threaten, don't talk about stress and anxiety - just make a polite request.

Nocutenamesleft · 09/01/2023 20:03

ittakes2 · 09/01/2023 19:56

I read up about this recently you can't withhold rent but can negotiate a discount so suggest to the real estate agent a discount. Ask if his insurance cover the damage?

The landlord wouldn’t have contents insurance. It’s always the tenants discretion as to whether they have and even if she has contents insurance. Lots don’t cover damage to stuff stored in the garage as it’s not meant to be a place to store stuff. Any damage to a car would be covered under car insurance.

ShakespearesBlister · 09/01/2023 20:04

You don't pay for stuff and take it out of the rent. Please stop trying to use the rent as leverage otherwise you could find yourself getting notice to leave. Go to the landlord zone forum and get proper advice from landlords who help tenants with these things. But you really need to listen and stop trying to use witholding or using rent to pay for this. Rent is for rent. Not storage. Not repairs. Not leverarage to get a reply.

herbaltea21 · 09/01/2023 20:04

WhatevaTreva · 09/01/2023 13:57

Thank you
what about the ruined items? They have been ruined since I messaged so will he be liable to replace them?

Do you have contents insurance?

Although they could argue you've been aware of the issue and still stored them there allowing them to become more damaged....

I really feel for you OP o hope you get it all sorted!

Dartmoorcheffy · 09/01/2023 20:07

For future storage put clothes into vacuum bags. They will stay dry.

thecatneuterer · 09/01/2023 20:10

Dartmoorcheffy · 09/01/2023 20:07

For future storage put clothes into vacuum bags. They will stay dry.

Excellent tip!

SD1978 · 09/01/2023 20:14

Withholding rent is never the way to go, it immediate puts you in breech of contract. Contact environmental health if there are damp concerns.