Legal rights as a tenant?

Question

6 months ago our upstairs neighbours flooded their flat which alternatively flooded ours in the entrance hall and bathroom. The entrance hall still has a slight damp smell and is unsightly with the paint bubbling and peeling off the walls. The bathroom also has a stain on the ceiling where the water came through and no light fixture (just a lightbulb). We've not received any compensation for the towels that were ruined soaking up the water, and we're still expected to pay the full rent each month despite living in a damaged property. If I had viewed the property in this state, I certainly wouldn't have moved in!

Our contract states that it is the landlords (Finders Keepers) responsibility to ensure all repairs are carried out in a timely manner. I don't believe 6 months is acceptable. We would like to move out of the property now as we are fed up of the situation however our contract says we would have to pay x amount if we left early. Does anyone know what our rights are? Are Finders Keepers in breach of contract, and if so, would we be able to leave without incurring fees or losing our deposit?

Answer 1

The repair to your flat should have been done, almost immediatly, using the upstairs flats insurance. You should have also been offered some form of compensation living with the upheavel, usually a reduction in rent as well as replacement of any damage to your personal items. To leave you with damp and no light fittings for 6 months is unacceptable.

Firstly, after going on their website (which is very proffessional), I sea they are members of NAEA, you can contact these if the agent is unhelpful.

I also see on the web sites says "However, the quality of your stay depends on more than the Big 3 Factors (price, location, property): if your shower breaks and your agent takes a week to fix it, you won’t be very happy."

May be you should draw their attention to it. My advice is to send a letter to the agent clearly stating the problems you have with the damp, their disintrest in getting the repairs done, use dates for all this things that have happens. Point out their website promises. State that you have had losses from the leak. Put down exactly what you want to happen and the timescale, Invite them to make a appointment to come and view the problems, make sure you have an indipendant person there.

Also say that a copy of this letter will be going to the landlord. If you do not have the landlords address, as the agent for it, he has to give it to you by law with-in 28 days, but it should be on your agreement.

What is your rental term? And when did it start?  I would say the agents are in breach of contract, but you will need to clarify this after the problems have to put to the agent and landlord.

Good Luck

Answer 2

You SHOULD be able to leave because the landlord isn't holding up there end of the contract, (to fix the repairs in a timely manner) however, usually the tenant gets screwed over in a lot of these cases. I have been in a lot of simular situations and have not won in hardly any of them. You should research the landlord tenant laws in your state, and try to find info on your specific situation. Honestly, you are completly in the right, but probably wont be able to get out of the agreement without fee's and will most likely lose your deposit, but that might not be the case.

When something simular to this happened to us: a very bad manager, who harrassed us the entire time we lived there, and harrassed some of the other tenants, ended up trying to charge us 1500$ when we moved out, because he said he supposedly had to replace EVERYTHING in the apartment, including the floor boards, which was just rediculous, b/c we left the place spotless. We did some research around the complex and found out this manager was doing simular stuff to other tenants and had gotten into some trouble because of it,

we ended up moving out, researching as much tenant laws as we could find in our state, then my husband wrote a long letter to the lanlord about the laws and why we should not have to pay, included a copy of the printed out laws and highlighted the ones that had to do with our situation, put it with the letter and sent it to the manager, and to the owners of the complex, we ended up not hearing anymore from the manager about the rediculous charges, but he did keep our 300$ deposit! So we didn't get out of it compeltly but we didn't have to pay the 1500$.

Thats what I would suggest. Research All the tenant laws you can in your state, print them out, highlight the laws that are specific to your situation, write a letter of the reason your agreement should be termanated without fees, or demand the problem gets fixed immediatly. If you don't just want to move out but want to get the problem fixed right away let them know in the letter if they don't fix it Right Away, then you will take legal action against them.

I wish you the best of luck! Its always a bad situation to be in! :)

Answer 3

http://clsdirect.org.uk/en/search/index....

everything you need to know will be on here. Its part of the citizens advice.

Answer 4

Because your landlords/agents are aware of the problem,you are within your right to with hold rent until the damage is rectified.

I suggest that you talk to landlord/agents again about the problem and the fact that it has been six mouth,and nothing has been done to repair the damage to paint work.it is unlikely that you will get compensation for the towls..

Answer 5

i'm taking it for granted that you are in the UK since your question is on the UK site.  You need some proper advice on this one.  Get the council involved.  Their private rental department could help alot.  

They will come, take photos and send a letter to the landlord saying what has to be done and when.  Be careful about withholding rent as if it gets to two months behind, the landlord could use this to evict you (under the new laws).  

If the damage is severe enough - ie, in a dangerous state if the light cannot be used or the ceiling could fall, they could order a section one notice which would make him do the repairs to their satisfaction or if he doesn't within a set time, the council does the repairs and bills him.

If the council do take it one, they will also request copies of gas safety certificates covering all the time the property has been let and if you moved in after April 2008, will want to see paperwork regarding where your rent deposit is put - has to be in the new schemes.  If he hasn't got these, he could get in big trouble - and a criminal record.  It is worth pointing this out to him as it puts you in a very strong position.

Answer 6

first contact your landlord invite him to the damaged area and remind him that it has been 6 months then say to him you would like to discuss the contract specific the penalty for leaving early.  if he refuse then take pictures call the health department call a attorney and I am sure you will get a call from your landlord.

NOTE: word of advice don't withhold rent most states don't allow and since you have lived there 6 months and now have decided to not pay the rent would look bad for you check your state laws there is a process teants have to follow to withhold rent you fail to follow that you lose.