can the landlord require me not to use the bathroom for shower?

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  • can the landlord require me not to use the bathroom for shower?

    Hi!

    I rent an apartment with my friend and we have one shower room an one bathroom. Since the shower room is in my friend's room, I have no choice but to use the bathroom for shower. Naturally I require the landlord to fix a shower curtain. However, the landlord refuses and says we already have a shower room!

    Now the problem is, because of water spinning out, the wall of the bathroom, which was not in a good condition before I moved in, is now in a worse condition--the tiles are clipping off, and the floor began to puff. The agency requires me to take full responsibilty and pay more than 400 pounda for the wall! It even says if we want a shower curtain we should pay for it!


    I din't think the landlord can refrain me from taking shower and I should not take full responsibility. But what can i do? Could anyone help me
    ?

  • #2
    Hmm, don't take the following as gospel, others will comment soon I am sure.

    Technically your landlord has no obligation in law to maintain the shower as a shower is not specified in the 1985 Lndlord and Tenant Act. However, showers are much more common now than they were when it was written and the relevant section is frequently used to encompass showers.

    Lets look at the statute "to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation". Installations is plural, so this seems to contradict the landlords assertation that he only has to keep one maintained.

    There's more 'howevers' though. You continued to use the shower even though you knew it was defective, it would not be unreasonable to assume that you knew the possibility of damage and therefore a court may hold that your actions were irresponsible. The landlord has no responsibility to pay for window curtains, why would he be responsible for shower curtains? Do you have anything that says he is responsible?

    So I am afraid that balancing all that out, I believe you may be responsible for the repair costs - up to the standard the place was in at the start of your tenancy.
    - Walls, it sounds like re-tiling will improve matters, so you'd only carry a %age of that depending on how much in need of re-iling the place was when you moved in.
    - Floor structure, probably 100%
    - Flooring, if it needs replacing, your contribution would (again) depend on it's condition when you moved in andi t's life expectancy.
    You may also be responsible for any water damage in the flat below.

    Comment


    • #3
      Thanks a lot for the reply.

      I have another question, if we fix a shower glass or curtain and pay for the fee, whom do these equipment belong to when we move out? I just don't feel fair that I need to pay for the equipments and then the later tenants can enjoy it.

      If I think the repair fees are too expensive, could I ask others to do it? I think it may be better to try to negotiate the price with the agency. Since the walls were not in good condition before I moved in, I shouldn't bear all the fees of the repair. Do you think it will be a reasonable request?

      Thanks again for your kindness!

      Comment


      • #4
        1) It would remain your property, but if installing/removing caused damage then you would be responsible for that damage.

        2) The landlord would want to be sure that the repairs were carried out by knowledgeable tradesmen, so he may only want known people working on his property. However, as in my last post, it is unlikely you would be responsible for the full cost of repairs.

        Was a condition report compiled at the start of the tenancy? What does it say about the tiling? Would you happen to have a photo of the tiling around the start of the tenancy?

        Comment


        • #5
          Originally posted by pinkking View Post
          It even says if we want a shower curtain we should pay for it!
          That seems about right
          LL in no obligation to provide Curtains or Shower Curtains, etc..
          If the property is damaged due to you not having taken precautions then im afraid you may have to pay for repairs.

          £7.99 - http://www.argos.co.uk/static/Produc...ER+CURTAIN.htm

          Comment


          • #6
            Originally posted by Snorkerz View Post
            Technically your landlord has no obligation in law to maintain the shower as a shower is not specified in the 1985 Lndlord and Tenant Act.
            I'd like an expert opinion on this. My interpretation is that a shower is included in "for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)" as it is specifically for sanitation.

            Comment


            • #7
              why not fit a temporary shower curtain and take it with you when you leave? Would probably only cost £10 from Argos including the extendable pole.

              Comment


              • #8
                The problem is that I don't have a photo, but I have the inventory report. It says:

                Marks Above the tiles back wall and several marks above the tiles, cracking & paint flaking, chipped & discoloured above the tiles, marked some grouting discoloured to tiles.

                However, the agency argues that the report does not use the word "Damp Patch" so there mush be none. It says Patch and Mark are not the same thing. I was so angry and desperate! I know there was such a thing when I moved in and I thought what the report described was just the same thing. But the agency just did their own interpretation. What can I do...

                I argued with them the whole afternoon but they just insisted me to pay the full amount. It was such a nightmare.

                Comment


                • #9
                  OP has not stated if a plumbed-in shower was fitted in the bathroom as well as shower room at start of T and whether included in mov-in inventory.
                  He could have supplied his own fit-over taps version.
                  Bathrooms are not suitable for showers without app modification, so why would LL bother if a sep shower room was provided.

                  Comment


                  • #10
                    Originally posted by jjlandlord View Post
                    I'd like an expert opinion on this. My interpretation is that a shower is included in "for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)" as it is specifically for sanitation.
                    I think so too. But it's somewhat irrelevant. This isn't about a broken shower.

                    As mariner says,
                    Originally posted by mariner View Post
                    OP has not stated if a plumbed-in shower was fitted in the bathroom as well as shower room at start of T ...
                    He could have supplied his own fit-over taps version.
                    And re-reading OP's first post, he says,
                    Originally posted by pinkking View Post
                    we have one shower room an one bathroom. Since the shower room is in my friend's room, I have no choice but to use the bathroom for shower. Naturally I require the landlord to fix a shower curtain. However, the landlord refuses and says we already have a shower room!

                    Now the problem is, because of water spinning out, the wall of the bathroom, which was not in a good condition before I moved in, is now in a worse condition--the tiles are clipping off, and the floor began to puff.
                    He later adds,
                    the walls were not in good condition before I moved in
                    And the check-in inventory says,
                    Marks Above the tiles back wall and several marks above the tiles, cracking & paint flaking, chipped & discoloured above the tiles, marked some grouting discoloured to tiles.
                    All in all, this suggests to me that OP installed his own over-tap shower, and has been using it without a shower curtain and without the wall being tiled to normal shower-height (i.e. to ceiling or above head level). This has inevitably caused water damage to the wall, and caused water to go behind the bath-height tiles (as well as water damage to the floor).

                    That being the case, OP is fully liable for the cost of repair.

                    Comment


                    • #11
                      Did the inventory mention the shower in question??
                      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                      Comment


                      • #12
                        I agree with Westminster, if the T installed a shower without consent and the use of that shower caused damage then the T is liable for 100% of the damage (back to the state at the start of the AST minus fair wear and tear).

                        You knew that there was only one shower when you moved in, not the LL's fault that you then changed your mind and want two.

                        Comment

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