Landlord / tenant responsibilities

[Biomedical]

I have lots of issues with my landlord refusing to do anything when contacted. My garden gate has been broken (the wood was rotten as it’s that old) for over a year now meaning the garden is not secure and I can’t leave my son for even a second in the garden on his own. I told my landlord when it happened and he said they would get someone to come and look. Since April 2019 I have text and emailed him 6 times to ask for the gate to be fixed. Still nothing.

My electric shower was installed in 1999, there is a sticker on the inside that says that. The shower and spare parts aren’t sold anymore because of its age and to fit another electric shower the pipes would have to be moved so a huge job, plumber quoted an amount I could never dream of paying. My landlord says this is my responsibility. I’ve said I can’t afford to get it replaced and it was a result of wear and tear. The plastic around the crankshaft was almost smooth instead of having teeth. I’ve been just using the bath and sharing the water with my son but it’s been costing me a fortune in water and gas. He says if I don’t get it fixed by the end of the tenancy he will claim my deposit.

What can I do? He left me without working smoke alarms for 6 months until I sent him a text reminding him that he would be criminally responsible if a fire was to occur. I’m a student and single so simply do not have the money to move if he keeps my deposit and definitely don’t have the money to replace the shower.

Does anyone know if any of this is correct? He admits he is responsible for the gate but won’t fix it. He won’t entertain the shower. He won’t reduce the rent to help me out with the increased water and gas bills.

It’s down to the landlord , he has to put your deposit into a national fund

Why can't you put a temporary barrier up across the gate? Get a shower hose that fits over the bath taps? Yes it is his responsibility to sort but you could mitigate the consequences.

In meantime see if your council has a private landlord officer who could advise and perhaps draft a letter for you. Is the deposit protected and safety certificate valid?

If you're an assured shorthold tenant then the garden gate wont fall under s11 of the landlord and tenant act so cant enforce repair. If you have other ways to wash (Bath) then this too wont be covered as will fall under improvement rather than repair. You can only negotiate.
Doesn't seem like this will fit under fitness for human habitation act either

You do need to move. Save and do so as early as you can.

Him claiming for an electric shower that is 20 years old! Even if it could be proven that it broke as a result of your negligence he would be granted very little costs. Don't worry about that.

It’s an assured short hold agreement the deposit is with the TDS but how am I supposed to prove that he shouldn’t take my deposit for the shower?! The gate. It’s alright saying save to move like it’s that simple, if I don’t get my deposit back I don’t have a deposit for a new house it’s as simple as that. I did try and block the gate off with another piece of wood but my son can climb over it and runs for the gate as soon as I take my eyes off him. So I’m just expected to keep paying through the rough for water and gas because he won’t fix the shower he’s had in the house for 21 years and lump it? I brought a shower that goes over the taps but the water pressure is too rubbish so it doesn’t work, the boiler cuts in and out so it goes scalding hot then freezing cold.

You’re telling me I’m stuck with this and it’s legal? I can’t believe it

And once again, I am a single student with a toddler, I have no money spare at the end of each month, no savings, I pay my rent, bills, food and car and have nothing left. I can’t fix the shower, and he says if the shower still doesn’t work when I leave I don’t get my deposit l. Even if the TDS say I can get it back I’m assuming that will take time so where am I supposed to live in the meantime while unable to put down a deposit on another? If he gets a letter from someone I’ll be out and he is not the sort of person to do things by the courts. I’ll come home from uni to find my key doesn’t work and then what?

I apologise for all the spelling errors, since my phone updated it changes every word I type to something else!

Firstly my phone has been doing the same 'correcting' every other word to something completely useless too - frustrating I know. Second, what do you mean if he gets a letter from someone? Are you anticipating a neighbour complaining about you?

No, PP said to contact a housing officer to draft him a letter

How long have you been there? Take photos of the shower and sticker ready for your defence when he tries to deduct it. Under fair wear and tear guidelines I don't believe he can justify that.
I know that you are a student, but can you work in the summer holidays to build a fund to move? Assuming you have family support with your toddler.

You do not have to pay for the shower. There is lots of information on the TDS website which would help you state your case.
Basically he could suggest a deduction for the shower (say 200) you would refuse and the TDS would look at the case and say not on your Nellie.
Take pictures. You can only take a certain amount towards damage (not wear and tear). So for example if a carpet is expected to last 8 years and its 7 years old and I put the iron on it and burn it the TDS will agree a percentage. The landlord can't get a new one (aka betterment). If the carpet were 6 months old the percentage awarded would be a lot higher.
Shifty landlords rely on people not knowing their rights and being bullied into charges that are either disproportionate or not the responsibility of the tenant. You'll be fine. Just do your research.

I have no family support but will be trying to find a job during summer, it’s very difficult when an employer knows you will only be there for a few weeks and it won’t be enough money to move or fix anything. I’ve been here for 2 years so just didn’t understand how I was financially responsible for a 21 year old shower in a house I don’t own is all. Thank you all for your advice, I will take the photos of the shower as evidence but still it seems I’m in an impossible situation until I somehow manage to save enough for another deposit. Does anyone know how long it would take to settle the dispute with the TDS when he inevitably tries to claim my deposit?

of course you aren't responsible for the shower. Your dodgy landlord is playing on your lack of knowledge. He can claim for the shower, he will be laughed out.

go to gov.uk and read the how to rent guide for your part of the UK.

the long term solution IS to move as it sounds like you are renting a shithole from a crook. If it isn't even a cheap shithole, all the more reason.

You are not financially liable for the shower. If he tries to deduct when you do move out then you dispute this.

He does not however have to replace it if there are other methods to wash eg the bath.

You are not liable for the shower, or for the gate either. as a l/l I would have paid for both, or my Letting Agent would have done so and billed me.