Dispute with landlord

[Pemba]

We have been in this property about 8 months. Initially on six month fixed contract, now it's rolled over onto month-by-month.

Unfortunately, even though the rent is not cheap, the landlord appears to be one of those who wants to pay out as little as possible for maintaining his property.

About a week before lockdown began we noticed the downstairs toilet was blocked. No we hadn't put anything strange down it, as I understand some people do! Rang the letting agents and they called back the next day, and said the landlord was refusing to do anything. So as I realised lockdown was approaching I went ahead and got a plumber who said a specialist drain company would be needed. Drain company came out, long story short they fixed it but said it was caused by a structural fault with the pipework, not our fault, and would probably reoccur in a few months unless remedial work was done. They sent in a bill, it was just under £200 - to be fair they had had to make 2 visits and use extra powerful equipment to clear the blockage.

We've paid the bill, and passed the details onto letting agents asking for us to be reimbursed as not our responsibility. However they have repeatedly refused, saying it is not up to them to decide what to pay for , it was the landlord's decision. However I have been legally advised that this should be the landlord's responsibility, as under the landlord and tenant act 1985 he is responsible for this. It also states this within our tenancy agreement. That seems to make no difference though - letting agent won't budge.

A lawyer I contacted from our house insurance advised me to take the landlord to the small claims court to reclaim this money. The landlord is not fulfilling his side of the contract. However I am worried about this, because what if they give us notice in retaliation?

Added to this, I saw a bloody rat in the garden a few days ago. Never had this before in any property we've lived in. It may be coming from the neighbours at the back possibly, as they have a large shed which runs along our back fence. But what to do? I have tried the Council, but they are not coming out at the moment due to lockdown. I understand private companies are still operating, but I don't want to get landed with another bill for something not our fault.

What would you do, and does anyone have any legal knowledge that could apply? Just wanted to get another opinion.

Did you put it in writing to the LL & LA that the repairs needed doing after he didn’t bother? Yes he should do repairs but the next step wouldn’t be to pay out to have them done.

Re the rats, speak to the neighbour -at a distance-to say you’ve seen rats & believe they are living in their shed.

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

www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/dealing-with-repairs/

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

No I didn't put it in writing after the initial refusal. In normal times I would have done, but as I knew lockdown was coming, and it was a hygiene issue, I just went ahead with sorting it myself. The lawyer seemed to think that was reasonable enough in the circumstances.

Re the rats I don't know the neighbours at the back at all and a bit nervous how they would react. Really surprised that the council has suspended the service actually, as isn't it a public health issue. But apparently its the same in most areas.

Just to add that after the initial phone call everything else between the letting agents and me is in writing. Also have a written report from the drain company stating the work they carried out, and what the problem is

However I am worried about this, because what if they give us notice in retaliation?

Aden you otherwise happy with the house? How easy would it be to find another suitable rental?

Currently no landlord is allowed to carry out evictions due to the covid-19 situation. They can give notice but you won’t be evicted yet. Tbh even under normal circumstances it takes a few months to evict someone.

It all depends how easy it would be for you to get somewhere else. If it would be possible I would take them to small claims.

advice for England:

• yes it is entirely the landlord's responsibility to fix this, not the agent. You have no legal relationship with the agent.
• the landlord could issue a retaliatory eviction, here's the link on what would invalidate that and none of it seems to apply here

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

BUT all evictions are stalled at the moment and minimum time for a section 21 is now 3 months, not two. So even if a sec 21 arrived tomorrow, AND it was valid (check your how to rent - did you get all those docs?) it is 3 months before court proceedings could even begin. There will be a massive backlog so I'm guessing it is a year to the bailiff, and that's the point when you actually have to leave if proper process has been followed. I should point out that if that did happen, you would be liable for the eviction costs although the landlord would have to take you to court separately to enforce that.

The solicitor is right. As it is expensive and sounds a bit of a dump, and certainly has a not-good landlord, when matters improve stop feeding the beast by moving on to somewhere better. Then take him to the small claims court.

the rats are not his problem or fault, and that is indeed for the council to help you sort with the neighbour. Fairly standard in urban areas (and sometimes rural) , particularly if there is decking or cluttered and ignored sheds.

also - make sure the landlord actually has heard about all this. Demand his address from the agents (they must give it to you) and then WRITE to him detailing what has happened and what you want to happen. Don't use recorded delivery, just get a free proof of posting. You'll need this as a start for the small claims procedure anyway.

Thanks for your help everyone. Yes I do think we would be better moving on, the landlord is obviously not to be trusted, what if the boiler goes wrong next winter or something? Another thing is that the energy bills here are huge for some reason. Time to cut our losses I think, we'll never be happy here.

Can I not start the Small Claims process right now rather than waiting til we have something else lined up?

We have actually used this letting agent for the last few years initially at another property where the landlord wanted to sell up last summer.

The agents have always been unprofessional and sloppy but at least they left us alone mostly and the previous house had a low rent. Once I asked for the address of the previous landlord, this was a couple of years ago, chief letting agent declined citing 'data protection'. This was wrong though wasn't it? Does anyone know the relevant legislation I can quote at him?

He's such a twat honestly, can't even be bothered to act professionally and find out what the laws actually are. It's his Daddy's business. Mostly sales with lettings as an afterthought, and you can tell.

They should pay the £200 but ultimately, they have aright to send other tradesmen to check what really needs doing. There are sadly some dodgy people who are using the situation to their advantage knowing that the rental market is an easy target.

If the problem never occured before, it's odd that the problem is structural. As a Landlord, I would have paid to gave the issue sorted in the first instance but would certainly want trusted tradesmen to give me a quote rather than whoever the tenant used.

The rat is not their issue.

here's your answer re entitlement to have landlord address (Tessa Shepperson knows her stuff and I've no reason to believe this law has changed)

www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/

having once had a dodgy tenant (found out too late) my tenancy agreements always have the agent address on, but tenants are entitled to know. With normal people I've no problem, after all I know where they live...

no reason not to start the small claims process now. From reading your how to rent guide, would any sec 21 even be valid given the likely poor practice of this agent?

Pretty sure the drain company aren't dodgy, I got them off Check a Trade, where they have good reviews. Also they didn't even know the house was rented until on their second visit of the day with the extra powerful flushing equipment, which was obviously needed.

So I doubt they're dodgy. The letting agents on the other hand... I should never have trusted them to rent us a second property. They're like dodgy landlords R Us.

Have you actually spoken to the Landlord? The agent may not have even contacted them though.

They say they have and will probably be difficult about giving his contact details. I did see him once when we moved in and he came round to get the boiler going. His English wasn't the best so that's another layer of difficulty.

checkatrade is no guarantee of reliability.

Just instruct the agent, quoting the relevant law.

Agents are not really regulated although if they are (unlikely) a member of any body then you could try that. Also try spending £3 with the land registry online to get the ownership info on the property. the landlord MAY have set it to his own address, although most dodgy ones don't do that.

lack of English isn't an issue in a world of online translators, and no excuse only. And what was he doing fiddling with the boiler beyond pushing the odd button? Is he gas safe registered?

Rodents and insect infestations are usually the tenant responsibly OP in standard tenancy agreements so double check yours before mentioning the rats as I think it will be on you to pay for pest controllers.

Chablis it doesn't say anything about pest control being the tenant's responsibility in the contract. I think it may be a problem in the street as a whole. Dunno about paying, apparently the local council normally do it for free as part of their duties, just it is suspended for now due to lockdown.

'check a trade is no guarantee of reliability'. I'd disagree with that, otherwise what would be the point of them? They have user reviews and (presumably) check out people before allowing them to be a member. Also have used various different tradespeople from there to work on my parents' house and they have all been very good, reliable and professional.

No I imagine the landlord is not Gas Safe registered but he was indeed just pushing a few buttons. I wasn't very impressed that the house wasn't ready for us, as they'd known our move-in date for a long time.

there are a lot of bad reports of shenanigans with checkatrade - same as trustpilot which is stuffed with fake reviews. These systems are too easily played. Doesn't mean everyone on it is a rogue, as you have proved, but I repeat, no guarantee.

Dodgy as your landlord and agent are, someone else's rat is not their problem.

checkatrade is no guarantee of reliability
Indeed. The checks are that, just ticking boxes.

They might of course be perfectly honest, but as LL, I wouldn't just accept that something that is normally due to lifestyle is cause by a structural defect from a trader I didn't commissioned. You'd have to be quite foolish to do so.

I would however be sending someone else I trust at this point.

It is not due to 'lifestyle' I can assure you, no sanpro/nappies down there. And the thing that grates is that the letting agents have known us for 8/9 years and know that are not the sort of people to do that. But yeah, let's blame the tenant.

What I suspect should have happened is they should have sent someone round themselves, and THEN if it was discovered to be caused by us they would have been justified in passing on the charge. Not just saying 'That's the tenants' responsibility' when that contradicts both the law and their own contract.

It amazes me how many landlords seem to be highly suspicious of contractors, when it is letting agents and landlords that are far more well known for dodginess.

Blocked toilets are the tenants responsibility 🤔

Blocked toilets are the tenants responsibility

Did you read the original post?

Drain company came out, long story short they fixed it but said it was caused by a structural fault with the pipework, not our fault, and would probably reoccur in a few months unless remedial work was done ... I have been legally advised that this should be the landlord's responsibility, as under the landlord and tenant act 1985 he is responsible for this. It also states this within our tenancy agreement.

I do hope that you aren't a landlord Cinderella because according to the law blocked toilets are the landlord's responsibility unless the tenant has caused the blockage by misuse . Also RTFT

Not that I know anything about renting but I understand that rats are appearing all over where they previously weren’t because their usual habitat of restaurant rubbish is now no longer available to them. That might be one you just need to wait out.

It is not due to 'lifestyle' I can assure you, no sanpro/nappies down there
I don't doubt you at all, but your LL doesn't know you, so how could they know unless just taking your word for it?

It amazes me how many landlords seem to be highly suspicious of contractors, when it is letting agents and landlords that are far more well known for dodginess
Oh really? Is that fact? I used to pay 10% of the rent to the rental agents to arrange tradespeople. That as until I realised that they had a deal with specific tradesmen and charging massively inflated price. I found out when I showed the invoice for a boiler repair and was charged £120 for a part that you can buy for £25.

I now managed the property myself, have built a relationship with a good range of tradespeople who I trust and am never charged ridiculous prices any more.

Just them stating that the problem would reoccur in a few months unless the work is done is suspicious in itself if there's never been an issue before.