02/05/2012 9:01 pm
My landlord has told my neighboor they cant have no more repairs for 6 months cos they have had too many in the past - can they do this - i am worried i will be next/
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03/05/2012 1:04 am
I think the landlord is breaking the law or the tenancy agreement... It depends what repairs are to be done... If the roof falls down a million times the landlord lord has to repair it million times... If the toilet is not working a million times the landlord has to put it right each single time it breaks... If repairs needed to the property are many and ongoing the tenant can ask the landlord for compensation, and also to be rehoused temporarily until the property is repaired to a condition which does not requires so many repairs... also if the property is so bad to require so many repairs, why did the landlord gave it as a tenancy in the first place?... I would go to the lawyers and see what they say... However wanting to make money the lawyer will want to start writing letters to the landlord about it. If you can have legal aid or be done for free under any scheme go for it, or look forn any organization that might help to do it for free.
04/05/2012 9:34 am
I remember my housing trust saying they would not carry out my repairs if I had rent arrears. And of course I complained strongly about it at the time... "Too many repairs" might be another way nasty way the landlords have to intimidate tenants not to have repairs carried out... If your landlord does not carry out your repairs, withold rent into a separate bank account. have the repairs done privately and pay them with the rent you are witholding. keep all the receipts and any paperwork... Make sure also you can prove possibly in writing that you have reported your repairs more than once to your landlorda and they have not responded or refused.
04/05/2012 1:05 pm
Landlords don't have to carry out non urgent repairs if the tenant are in arrears. I would hazard a guess this is what is going on with your neighbour - they perhaps don't want to admit to arrears so you only have half the story.
If in doubt talk to your landlord about it - they won't discuss your neighbours case but they should go through all the various reasons a repair might be refused? This could be enough to put your mind at rest.
09/05/2012 12:20 pm
I don't think we know the whole story! If the repair required is a landlord's responsibility from law or tenancy, then landlord has to repair. S.11 Landlord and Tenant Act 1985 is the obvious starting point.
Posters might also want to read Warren-v-Keen from 1954 where the late Lord Denning laid down in common-law what a tenant can be responsible for and where phrase 'use the dwellling in a tenant-like manner' comes from.
My fear is that has money/resources tighten-up some social landlords will try and 'get away' with not doing repairs for which they are responsible. The reduction in legal aid will make this more possible.
I suggest anyone worried about this should check the law, their lease or tenancy, the local CAB and ask 'tenant scrutiny' to investigate. That's what they are for!
17/05/2012 11:13 am
There are a few factors to consider, which are dependent upon what is in the tenancy agreement by type of tenancy i.e. social landlord or private lease. Normally the landlord is responsible for repairs unless stated otherwise and they should be carried out within a reasonable period of time, however again unless stated there are no fixed time limits, and the length of time considered to be reasonable would depend on the type and severity of the repair. Most landlords will normally undertake repairs once they have been notified about them, however if they refuse or fail to do so you will need to decide on the consequences should you decide to take the matter further i.e. does the landlord have underlying issues and are they trying to gain possession? is the problem major or minor, if the landlord refuses to undertake the repair do you still want to live in that property etc.
Any repairs should be reported, if these are not done, it may also be necessary to put these in writing keep a copy of any correspondence between the parties.
It's not uncommon with the growing number of private sector leasing's that conditions are set that require the tenant to undertake repairs up to a value of £500 per year. Other considerations may be that the repairs of a non-urgent programmable nature. In this case the landlord may of refused at this time but will then include these in a
future programme. Has the damage been done by the tenant, is the tenant in arrears and not doing work whilst this is the case part of the tenancy agreement.
This said tenants do have rights and landlords cannot refuse to undertake work which constitutes disrepair under Section 11 notification or prejudicial to health. If so they may have a legal obligation to do the repair.
Do the repairs fall under "Right to Repair" items, again if this is the case the tenant can request that the repairs are undertaken and if these are still not done can, albeit bureaucratic commence proceeding for compensation.
A tenant should never withhold rent as a method of forcing their landlord. This action would clearly put them in breach of their tenancy.
In many instances it usually falls down to a lack of communication.
05/06/2012 2:57 pm
A landlord is under a duty to keep in repair the structure and exterior of the property. The landlord must also keep in repair and proper working order installations for the supply of hot water electricity and gas. This obligation is implied into every weekly tenancy agreement and a landlord cannot sidestep the obligations by the sort of blanket ban that you have suggested. Therefore if the defect that needs to be repaired falls within the implied obligations (damp walls, defective windows ,leaking roof, defective boiler or radiators etc), the landlord must repair within a reasonable time of been notified of the defects. Any blanket ban is of no effect.