Leaking roof in a r...
 

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[Closed] Leaking roof in a rental property

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Posts: 17834
Topic starter
 

Conservatory roof is leaking once again in a number of different places. After the previous occasion I contacted the letting agent and did not hear further.

I have furniture in the conservatory plus other stuff and, whilst I have contents insurance, if anything gets damaged I have no intention of using my own insurance when I'm not to blame.

Do I have any rights to insist that this roof is repaired by claiming that the conservatory is not in a useable state? As it is common sense dictates that it's probably safer to move the contents to another room.

Thanks. 🙂


 
Posted : 23/08/2015 7:20 am
Posts: 357
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Not sure if it is the same in the UK but here in Germany you are legally allowed to drop the rent as you have a room that is unlivable. Rented property prices are eorked out in sq metres so makes the calculation much easier. Nothing springd landlords into action faster than a hit to their pocket IMSE.


 
Posted : 23/08/2015 7:27 am
Posts: 11486
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Hmmm...Europe has much better rights for tenants, I think dropping the rent would immediately get you on the wrong side of your landlord!

Clearly a leaking roof is not acceptable, especially if it means the room cannot be used


 
Posted : 23/08/2015 7:36 am
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Why have insurance if you're not prepared to use it?

You might be able to then get your insurers to claim against the landlord for their losses.

Threatening to withhold rent until it is fixed normally does the trick, although be sure to not spend the withheld amount so you can pay it if the need arises.

Caveat: IANALawyer 😉


 
Posted : 23/08/2015 7:41 am
Posts: 0
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c_g this link may help

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/about_your_tenancy_rights/overview_of_rights_and_responsibilities

Right to repair
All landlords have a responsibility to keep the structure and outside of the accommodation in good condition and free from disrepair so that your home is wind and watertight.

This link also provides good information on your options

http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_in_private_rented_accommodation/getting_your_landlord_to_do_repairs


 
Posted : 23/08/2015 7:44 am
Posts: 17834
Topic starter
 

Thanks very much folks. I've now emptied the conservatory, bucket and mop are in place.

Why have insurance if you're not prepared to use it?

I don't want my premium/no claim bonus affected as it's not my negligence or whatever you like to call it. No intention of withholding rent, that's a tad extreme but I will use some assertiveness!


 
Posted : 23/08/2015 8:04 am
Posts: 396
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email the agent saying the room cannot be used and you've moved your furniture to avoid damage, point out your previous request, say you presume they contacted the Landlord who has not responded. Do [b]they[/b] urgently want to organise the repair and deduct from rent before passing it to landlord or can they propose any other prompt solution to an unacceptable situation.

edit not a lawyer but a landlord and sometimes tenant


 
Posted : 23/08/2015 8:15 am
Posts: 0
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Right - I'll comment as I've first hand experience of this.
Firstly - you aren't going to like this BUT a conservatory IS NOT classed as a habitable room.
So unless it's causing damage to another room/property there is nothing to claim against.
Secondly - you CAN reduce the rent payments.
You can drop it to what would be considered an "acceptable market value" according to the facilities available.
You won't be in breach of contract as you are still paying.


 
Posted : 23/08/2015 8:20 am
Posts: 17
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I tend to find the best way of dealing with useless letting agents is in their shop in front of other customers loudly. Tell them it just isn't on and it needs to be fixed and if they won't call the landlord can you have their details. If they won't fix it move.


 
Posted : 23/08/2015 8:44 am
Posts: 0
Free Member
 

You can effectively drop the rent, but as in all cases it is not something you can do unilaterally.
So give the agent notice that you expect the roof fixed within a reasonable time.
So they need to send someone to have a look within a week and then perhaps arrange repair within 3 weeks after that -total 4 weeks.
If they do not then warn them in the initial letter that you will arrange repair yourself and take it from the rent.
This road is fraught with legal complications so get some advice from shelter or cab, or CAG.


 
Posted : 23/08/2015 9:12 am
Posts: 0
Free Member
 

I like hammyuk's advice.
Letting agents can be a pain, and need to be pestered.
We were renting until last year, and when the washing machine broke down they made us wait a month for a new one, and the shower also broke down - we had to wait 7 weeks for a repair which my husband (a plumber!) could have fixed but they wouldn't let him!


 
Posted : 23/08/2015 4:31 pm

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