Need help with leaking roof problem

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    Need help with leaking roof problem

    Hi there, I'm new to this forum and I would very much like some help on a problem.

    As per the title of this topic says, the roof is leaking and has been for some time

    We informed our landlord that the roof was leaking and he said that he was waiting for the summer so that the roof could be relaid completely when its not raining. We obviously accepted this as we have no knowledge of roofing and he runs his own construction firm.

    The problem got worse and worse until I left for the summer, we are students, 10 month contract with retainer fee, I came back 2 weeks ago to find that my room had been redecorated! Yay! The landing hadn't been redecorated, but then I don't sleep there so no worries to me.

    We were then informed that the roof had not been replaced during the summer.

    Today it rained hard and I heard water leaking through the roof again. A wet patch has now appeared in my lovely new painted room! And I'm paying more because it was redecorated!

    I wasn't happy so I rang my letting agent who told me that it wasn't "their side of things" and to contact the landlord. Surely if my cheques are being cashed by you then my contract is with them?

    I told them that I had been contacting him and nothing seemed to have been done about it. They tell me that my landlord is on the way to inspect it.

    He turns up, looks at the patch and says that the roof will be fixed within the next 2 weeks but he can't guarantee it.

    What exactly can I do about this situation?

    He said he'd do it over the summer so that it wouldn't affect us.
    My rent has increased due to my room being decorated and I'm still plagued with a leaking roof that looks ugly!

    Any advice would be nice

    #2
    Your contract is actually with the landlord and he is ultimately responsible. The first thing I would suggest is logging your interactions with him and the agent (keeping itemised phone records, emails etc.) in case mysteriously later on the damp patch somehow becomes 'your fault' and an issue arises over the return of your deposit.

    I would persist in chasing the agent and threaten to call Environmental Health at your local council to look at it if they are unresponsive. Unfortunately I can tell you now that with a landlord who drags his heels this will be a bind, and your first priority will be to cover your own backside!

    Comment


      #3
      Don't worry I have pictures of it since I have moved in, we had pictures of the leak last year but my house mate wiped them which basically leaves us open to anything they claim on the first year inventory.

      Also, another question while I'm here, I recently locked my self out of my room, there was once a key for my room but my landlord did not supply me with a key and he admitted to me that he never received a key from the last owner. He had to kick the door down to let me in my room, I now also have a new door with a bolt lock.

      Am I liable to replace the door? Or should he have supplied me with a key for it?

      Comment


        #4
        Originally posted by lukeyc View Post
        Don't worry I have pictures of it since I have moved in, we had pictures of the leak last year but my house mate wiped them which basically leaves us open to anything they claim on the first year inventory.

        Also, another question while I'm here, I recently locked my self out of my room, there was once a key for my room but my landlord did not supply me with a key and he admitted to me that he never received a key from the last owner. He had to kick the door down to let me in my room, I now also have a new door with a bolt lock.

        Am I liable to replace the door? Or should he have supplied me with a key for it?
        If there is a lock on the door it is a reasonable assumption that the LL should provide the key for it or at least warn you that the key has been lost so you can replace the lock/key. Does the tenancy agreement mention locks and keys at all?

        There is a bit of an issue with locks on bedroom doors, however. Is yours a joint tenancy, or do you all have individual ASTs? If the former, strictly speaking you should not really have locks as you are supposed to be living together as a 'family' would. This is how you can get away with just one TV licence, for instance. However I appreciate that in the real world they improve security and privacy and I know many students do want them. They should not however be the sort of lock which requires a key to open it from the inside - it needs to have a thumb-turn lock ( you don't want to be groping about for the key as the room fills with smoke)
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          It is a joint tenancy, we all signed the contract together. The agreement does mention locks and keys, and that I am not allowed to replace or install a lock unless I lose the key and if I do lose the key I have to get 2 extra keys cut and hand them over. It also was a thumb turn lock

          Comment


            #6
            Originally posted by lukeyc View Post
            It is a joint tenancy, we all signed the contract together. The agreement does mention locks and keys, and that I am not allowed to replace or install a lock unless I lose the key and if I do lose the key I have to get 2 extra keys cut and hand them over. It also was a thumb turn lock
            Given that the LL himself kicked the door in, I struggle to see how he can charge you for its repair and the replacement of keys. Ask him to have it repaired and a new lock fitted. This will come with 2 keys.

            If he refuses, and it's an expensive job (how much damage was done to the door?), come back and we will advise how to get it done yourself and deduct from your rent. There is a protocol to be followed for this!
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              The door has already been replaced and with a bolt lock, so no keys and no possible lock out! I just don't want to lose a section of my deposit!

              Comment


                #8
                Originally posted by lukeyc View Post
                The door has already been replaced and with a bolt lock, so no keys and no possible lock out! I just don't want to lose a section of my deposit!
                I see. (Why didn't you say that to start with?!)

                LL would need to prove you damaged the door in order to persuade the deposit protection scheme you were liable. He will not be able to do that, will he?

                I take it your deposit is protected?
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by lukeyc View Post
                  I now also have a new door with a bolt lock.
                  I did say it :P

                  How do I find out if my deposit is protected or not? I have a document that was given to me by my letting agency with that sort of information on it, but I guess you could call it unofficial. Apparently I'm with The Dispute Service :S

                  Comment


                    #10
                    Originally posted by lukeyc View Post
                    How do I find out if my deposit is protected or not? I have a document that was given to me by my letting agency with that sort of information on it, but I guess you could call it unofficial. Apparently I'm with The Dispute Service :S
                    If the information given to you by the letting agent describes the procedure for return of the deposit, what deductions may be claimed from the deposit, what happens in the event of a dispute, the address of The Dispute Service - that sort of thing - then you have been given the official prescribed information. Is The Dispute Service also mentioned within the actual tenancy contract?

                    A very easy way to check is to contact the TDS.
                    http://www.thedisputeservice.co.uk/

                    Comment


                      #11
                      Originally posted by visum View Post
                      Your contract is actually with the landlord and he is ultimately responsible.
                      No. Although T's rights are against L, and enforceably so, L may be only a long-leaseholder of a flat; in that case, L has onward rights against F.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

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