Landlord arguing over emergency repairs

[LillithTheLynx]

Hoping for some advice.

About 6 weeks ago, a water pipe blew in storage cupboard in my flat at about midnight. I only noticed before going to bed because the electrics shorted out (fuse box right next to the pipe and water going into it).

It was quite a strong flow of water (think shower, but not power shower) which was spraying so couldn't be contained. I did try shutting the water off, but was not tall enough/strong enough to do so - then backed away because getting soaking wet next to the fuse box seemed very stupid!

I called the letting agents' emergency line, which is supposed to go to voicemail. It didn't, and no one answered, so I immediately called an emergency plumber and paid upfront. Because electrics were involved, two men came out to make the flat safe, clean up water etc. They didn't have the broken part to fix the pipe. Cost about 450 quid, which is loads, but I didn't think leaving the place to flood was a reasonable alternative. I didn't shop around - I should've to protect myself, but I was very panicky (embarrassingly cried down the phone to the plumber) and just wanted someone to come ASAP.

I called the letting agent when they opened to tell them what had happened, and they left me without water for 36 hours while arranging for a cheaper plumber to fix the pipe.

I've been chasing ever since for repayment. My position is that it was an emergency, and that as my tenancy agreement states the exception that tenants can make arrangements for repairs in that situation, it's unreasonable not to reimburse me.

The landlord has apparently offered me 50% of the total as he's unhappy that the emergency plumber didn't fix it there and then, which seems pretty ridiculous given I had to send the contractor plumber info about the part they would need!

I wonder if the letting agent hasn't mentioned to the landlord the fact that their emergency line wasn't fit for purpose.

Not sure whether to accept the 50% or take it further. I am so upset to be treated like this - wish I had just left their floor to get damaged!

Don't accept the 50% make sure to tell him it cost so much because they don't answer the emergency line he is probably paying money for.
Can you contact the landlord directly?

Paying for repairs is landlords legal responsibility, he should be pleased you took prompt action. He can’t pass it on to you. I’m a landlord and just did a course on this last week. Make sure you keep all receipts as you may need to provide them if he tries to withhold deposit further down the line.

I would take it further and not accept half the price that’s a piss take . He should pay that.

I’m a landlord and I’d pay that and be very apologetic that my flat was in such a shit state that it could happen / my tenants had to sort it

Absolutely - I am a landlord and As pp said I would be apologetic and grateful!

I'd write an email and say you wanted to be copied into it to the landlord, even if they bcc him into the email, so you know it has got there word for word with the fact their emergency line is worthless.

Do you speak directly to the LL or through the LA?

Might be your story isn’t getting relayed in the right way by the LA.

I’m a LL and I changed LA’s because I didn’t like the way they treated tenants.

I agree, contact the actual landlord - you are entitled to his/her details. Agents are completely unregulated and some lie.

if his emergency contact line isn't staffed, that's not your problem. He should thank you for minimising the water damage, suck up all the costs and look at the lessons learned.

I wonder if the letting agent hasn't mentioned to the landlord the fact that their emergency line wasn't fit for purpose.
I would imagine that is the case, and that is pretty poor of the agent.

I would screen shot/take a photo of the calls page on your phone/bill (hopefully they still do an itemised one) to show you did try calling, and send that to the landlord.

I think it would be worth contacting Shelter, and they can talk you through your rights.

I think you did exactly the right thing, and you'll have prevented further damage to your property or injury to yourself.

Good luck

Thanks very much all, I feel a bit more determined now knowing that I wasn't out of order in acting how I did.

Letting agent is refusing to speak to me until he's 'spoken to his manager' and has refused to give me the LL's number due to data protection. That's bollocks, isn't it?

Sorry for double post but I'm raging. I'm going to reply just asking for their formal complaints procedure and copying in the most senior manager I can find on their website. Argh.

The landlord should pay in full and should be grateful to you for acting so promptly. I would be tempted to take amount off next month's rent if they don't reimburse you.

Contact the letting agent’s CEO or head office and tell them if they don’t fix this (and discipline the LL you spoke to) then you will have no choice but to take this to the media as well as getting legal advice. That should speed things up

You have a legal right to your landlords address details, they should be on your tenancy agreement. If you get no further with the letting agent, take copies of everything, write a poilte note to the landlord explaining exactly what has happened, and post it recorded delivery to him.

Unfortunately, I've only got their name on the tenancy agreement (have tried social media stalking to no avail!).

I am so tempted to not pay my rent in full and tell them they can pursue it if they want to. I've had similar issues with the letting agent in the past (tried to charge me £90 because I wouldn't let a maintenance guy in after being given 1 hour's notice), but because they didn't have my money it wasn't so much of a problem.

I dont think its a good idea to withhold rent.

Problem is that under an assured short hold tenancy they can end your tenancy for no reason (as long as they get their paperwork right) So it's a high risk strategy. I would feel the same way if I were you though! Agree landlord is prob not aware of the full situation

@dementedpixie I know, but it's so frustrating.

My TA says this:

'(3) Carrying out of repairs by the Tenant.
Except in an emergency, not to arrange for any repairs to be carried out to the property that are the Landlord's responsibility unless you have previously notified the Landlord of the disrepair and the Landlord has failed to carry out repairs within a reasonable time of your notice. If the Tenant arranges repairs without notifying the Landlord other than genuine emergency then the Landlord will not be liable to pay any additional costs incurred by the Tenant over those the
Landlord would have incurred to make the same repair himself and the Tenant must pay any reasonable costs incurred
by the Landlord in ensuring that the repair is carried out to a proper standard.'

So surely their only argument is to deny that it was a proper emergency? I don't get why they're using the 'your plumber was rubbish so we only want to pay half' argument.

Also (and again sorry for double posting) I live in fairly central London, which I think has probably been quite badly affected by people moving out to wfh (certainly I'm now paying over the market price, looking at Zoopla). So the LL would be risking missing out on a few months of extortionate rent if he were to evict me.

They won't evict you. It's just the letting agent being a dick. You're clearly entitled to reimbursement. Keep pushing

Ex LL here. You are entitled to know your landlord's name and postal address.

You need to email the Letting Agent as follows.

1. State that it is your legal right to know your LL's address, direct them to this link if they disagree - england.shelter.org.uk/housing_advice/private_renting/how_to_find_your_landlord#:~:text=As%20a%20tenant%20you%20have,and%20address%20of%20your%20landlord.

1. Reiterate that your actions in calling an emergency plumber were reasonable in the circumstances, and attach details of the invoice and screen shots of your call history demonstrating that you did try to call the non-functioning emergency line.

1. State that you request payment immediately, in full, or you will seek redress via small claims.

Although you must not stop paying your rent, you would be within your rights to take the LL to small claims if payment is not forthcoming. Get the LL's address off the agent, and then go down the "Letter Before Action" route which is the first step of the small claims procedure. You can find templates online, look for the money claim online website.

what myownsummer said. London is a rental warzone due to high demand. Agents do not need to be regulated.

although MN thinks you can be evicted on a whim, it takes months in normal times. There is another eviction ban coming, arrears during covid are not been recognised for section 8 and the backlog is 18 months and rising. Follow the correct procedures but there is no way your landlord can get you out.

I'm currently a LL and completely agree with @MyOwnSummer - their advice is spot on, and you're being treated unfairly here.

I think your LL would very much like to know the 'emergency' line to the agents was as much use as a chocolate teapot.

Also.a landlord and also agree totally with myownsummer, its poor behaviour not to put their contact details on the tenancy agreement.