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Original poster

Could someone proof read this email for me please

31 replies

JoceHark · 30/08/2019 15:55

Good Afternoon x and x

I will be paying the rent for the cottage today, however please take this as notice I will be paying the usual amount and not the increased amount proposed in the new contract dated July 2019.

I have decided not to sign the new contract, primarily due to the outstanding maintenance due on the property.

The broken window in the upstairs bedroom. This has been partly boarded up by myself with scrap wood and is clearly not any kind of 'fix'. I understand that a glazier would be unable to put new glass in the existing frame due to the rot, however I don't accept that waiting until October at the earliest (for the new windows) is an acceptable time frame to fix a broken window in a bedroom where 3 children sleep.

The broken shower which is unusable. No fix has been proposed for this.

The cupboard doors in the kitchen which have broken off at the hinges. Given the yearly mice problem we currently have after the harvest this is not acceptable. Again, no fix has been proposed for this.

The broken threshold at the front door is a significant hazard due to trips and falls.

The loose threadbare carpet in the 'playroom'.

The support beam in the living room which needs looking at and supporting.

I was under the impression that and a work person would be coming out to look around the property. However nobody has been here. A man did turn up at 8.30am with no notice and I declined to let him into the property. He had a vague notion of what needed fixing and wanted to look around. He also mentioned putting in a t-bar in the living room to shore up the cracked support beam. I presume he meant as a temporary fix! He was supposed to come back that afternoon but hasn't been back since.

I am prepared to sign the new contract when these issues have been fixed.

Kind Regards

OP posts:
Original poster
JoceHark · 30/08/2019 15:55

Does it look ok or is it a bit defensive? I was trying to strike the right tone

OP posts:
Shoxfordian · 30/08/2019 16:00

Not a good plan

Have a look at this

england.shelter.org.uk/legal/housing_conditions/taking_action_on_disrepair/withholding_rent

1FineDane · 30/08/2019 16:00

Dear blah

I am writing to advise that I will be paying the usual rental amount as per my previous contract. I am not willing to sign the new contract dated x until the following issues have been resolved, as previously discussed.

List them.

Instead of saying no-one was out, say that you received no notice of a workman arriving who arrived at an inconvenient time, so could they please provide notice in future.

I trust this is satisfactory blah blah

1FineDane · 30/08/2019 16:05

My worry though is that you leave yourself out of contract....

1FineDane · 30/08/2019 16:07

And to be honest I'd probably post this in Legal rather than chat, as I'm not sure about tenancies and whether you can refuse to sign a contract. Where does that leave you then? You'd need someone who knows about tenancy law.

CassandraCross · 30/08/2019 16:08

primarily due to the outstanding maintenance due on the property.

Would read better as: due to the outstanding maintenance issues as listed below: (and list them)

I was under the impression that and a work person

an erroneous 'and'. I would also go with 1FineDane's suggestion on the wording of this paragraph.

CassandraCross · 30/08/2019 16:10

Agree you should check whether you are legally entitled to refuse to sign a new contract over these issues and how having no contract will impact on you and your rights.

1FineDane · 30/08/2019 16:12

Also, if you haven't already acknowledged receipt of the new contract, you're doing so in writing now.

I think Legal Discussion would be best for this - maybe report your OP and ask MNHQ to move it there for you?

1FineDane · 30/08/2019 16:14

I'd also read the terms of the existing and proposed contract and see what maintenance and repairs are covered.
A support beam needing repair sounds structural and dangerous really. What makes you think it needs to be repaired?

Original poster
JoceHark · 30/08/2019 16:14

If I don't sign the new contract the old one just keeps rolling on a month to month basis.

The new contract is for two years. It will be my fourth two year contract.

Only downside is that they only have to give me a months notice on a rolling contract, our two yearly one cannot be broken without penalty under a year and then we have a break clause.

OP posts:
1FineDane · 30/08/2019 16:15

I don't think that you can technically 'support' a 'support' beam lol. Not a structural engineer though!

Original poster
JoceHark · 30/08/2019 16:16

All the maintenance and repairs have been agreed by the letting agent to be the landlords responsibility. In writing.

They just don't ever get done.

The glass fell out of the window due to the fact the window is more rot than actual wood. That was over a month ago.

OP posts:
1FineDane · 30/08/2019 16:16

Would you be screwed if they gave you a month's notice? I'd weigh that up first.

1FineDane · 30/08/2019 16:18

Is there not some legislation that means that if you've been a tenant for longer than x months, then the terms of the contract mean little and you're covered under legislation in terms of notice terms?

Original poster
JoceHark · 30/08/2019 16:19

This is what they want to put in to hold up the support beam.

I have 4 kids in the house, who I wouldn't trust to not knock it over tbh

(can't add an image for some reason but it is one of those big metal floor to ceiling supports scaffolders use)

The ceiling beam has a crack right through it and the floor is sagging. They proposed the temporary support

OP posts:
1FineDane · 30/08/2019 16:19

This is why you need to post this on Legal........

Original poster
JoceHark · 30/08/2019 16:20

They wont ask me to leave. I've been here for nearly 8 years. They can't sell the house as it's tied to an farm and if they put it on the market they wouldn't be able to let it without carrying out the repairs.

I'm a known quantity, have never been late with rent, over £86k in 8 years!

OP posts:
Original poster
JoceHark · 30/08/2019 16:21

I've asked for it to be moved to legal

OP posts:
1FineDane · 30/08/2019 16:22

TBH I'd be a little worried about a support beam, being supported by an upright beam, being supported by something else lol. Sounds like the ceiling is about to cave in!

1FineDane · 30/08/2019 16:23

Building control would have a field-day with this one!

Original poster
JoceHark · 30/08/2019 16:28

Building control is my ace up my sleeve if all else fails.

They've only put the rent up by £45 a month so they might decide just to keep the old contract running I suppose

OP posts:
1FineDane · 30/08/2019 16:32

Ok, given your situation, I'd put the letter in friendlier terms (pending advice from someone in Legal).

Dear x

I'm just writing to inform you that I will be paying the rent as per my previous contract because, as previously discussed (and agreed?), the following repairs need to be carried out in order for the cottage to be safe and habitable. As you know, with 4 children, safety is a priority and with Autumn and Winter approaching, I'd like to see the previously agreed issues resolved prior to signing the new contract.

The issues are:

Blah blah - I'd start with the support beam!

Then the window. Shower.

I'd finish with something wishy washy like, 'due to our longstanding relationship, I am sure you understand that though I am reticent to sign the new contract until the completion of all the required maintenance, I continue to be a loyal and good tenant and enjoy living here'. 'Also, if you could provide notice of when workmen may visit, I am very happy to allow them entry to the property, but I do need notice'. 'Happy to discuss further on the phone if you need clarification on any further details'.

Don't know. Hard to gauge the rapport you have!

1FineDane · 30/08/2019 16:35

You don't want to come over too 'legalese' (is that a word?) if you have an otherwise good relationship with them.

1FineDane · 30/08/2019 16:38

Oh - and be very factual about the issues. State that the cross beam is cracked, and the ceiling is sinking.
State exactly what is wrong with the shower.
Suggest the wooden frame needs to be replaced on the window due to rot.
Etc. etc.

Sargass0 · 30/08/2019 16:48

Assuming that you are an assured shorthold tenant (not clear from your post if you are in tied accommodation- which means different rules apply)
You are correct- you don't have to sign a new contract at all and your tenancy will continue on a periodic basis.

This does mean that you lose some protection as it does mean that the landlord can serve notice and take steps to evict you more easily
and it will not stop the ll increasing the rent by other means.

For instance if you are now in a contractual periodic tenancy and your contract contains a rent review clause then they can use this to increase your rent.

If you are in a statutory periodic then the ll can use s13 and increase the rent by using a form 4 - although you would be able to appeal this at a first tier tribunal.

You are however entitled to live in a safe property and it is the LL's responsibility for most repairs regardless. look up s11 of the landlord and tenant act.

Hopefully your letter will galvanise the ll into action- if not -contact private rented team at the local council and ask them to enforce the repairs.
If the council do serve an enforcement notice on the ll to carry out the repairs you will be protected for 6 months form them serving a s21.

Negotiation usually the best way forward as you are doing. Good luck