Help major advice needed fast!

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    Help major advice needed fast!

    I moved to my town last July 4th, Agency was fantastic, brand new furniture in flat, even gave me a new tv and Dvd player and £4 on meter.

    I move out Feburary 13th this year, and the problems begin bad.

    First the previous tenant had a party, and left the flat full of dirt, smashed vodka bottles, empty cigarette packs, poo over entrance wall, toilet full of poo, ripped fire alarm from wall.

    Anyway The landlord promises to take off £50 from rent if I clean it, which I make spotless, then she refuses the money saying I left the old flat a tip, when I spent about 10 hours making it spotless as im obsessed with cleanliness to the point I mop and hoover floor many times a day, and bleach toilet every day etc.

    I felt insulted as the place was so much cleaned I even polished every sideboard, wiped walls, bleached toilet, shampooed carpet and such.

    I didnt take pictures as I thought she was a nice agent.

    Anyway back to current flat.

    The toilet leaks, not fixed, the fridge has no door for freezer, everytime you use washing machine the sewage comes out of shower and smells like poo, the neighbours are junkies who have all night parties and sex orgies and police have been called many times.

    Another big thing is when I saw flat at end of Janurary the roof needed new tiles so it was covered with a blue sheet, which means only 3 windows in the house even open, making a fire exit hazard as the ones that do have a sheer drop to street below. Also as I say the stench is bad when washing machine is on and I cant open window. The shower is now faulty as it is stuck on low flow, unless you put the heat to max or off, so you get a scalding shower or a freezing one, and theres no bath there, so I have no choice.

    Because of the tiles every time it rains rain and damp comes in which makes us feel ill and get colds and not able to sleep.

    There is more problems but I cant remember at moment.

    I have reported and reported problems time and time again, all I have had is once a council member of staff came to my house at 7.30am in morning(luckily I was awake for college) to look at fridge, he spent about 10 seconds as he realised problem couldnt be fixed and went away. Also I have a fire alarm dangling from wall with bare electrical wires, which landlord wont fix.

    Final problem for now is im on housing benefit, and EVERY month I get loads of phone calls saying they are worried im not going to pay, despite cheques being sent to them, and when I was at college I paid them 1 month in advance! so have a good history with them.

    I phoned today to enquire about the problems again and she told me her boss told her "that as I saw these problems when I moved in, I accepted them so therefore they dont have to do anything"

    I never saw fridge, I didnt know about sewage or problems, all I knew about was the tiles which were promised to be fixed by when I moved in.

    #2
    Call your local Environmental Health office and get them out asap.
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      Originally posted by dekaspace View Post
      I moved to my town last July 4th, Agency was fantastic, brand new furniture in flat, even gave me a new tv and Dvd player and £4 on meter.

      I move out Feburary 13th this year, and the problems begin bad.

      First the previous tenant had a party, and left the flat full of dirt, smashed vodka bottles, empty cigarette packs, poo over entrance wall, toilet full of poo, ripped fire alarm from wall.

      Anyway The landlord promises to take off £50 from rent if I clean it, which I make spotless, then she refuses the money saying I left the old flat a tip, when I spent about 10 hours making it spotless as im obsessed with cleanliness to the point I mop and hoover floor many times a day, and bleach toilet every day etc.

      I felt insulted as the place was so much cleaned I even polished every sideboard, wiped walls, bleached toilet, shampooed carpet and such.

      I didnt take pictures as I thought she was a nice agent.
      I'm assuming all this relates to your old flat --- if so it's probably too late to do anything about it. You should have taken pictures no matter how "nice" the agent was.

      Anyway back to current flat.

      The toilet leaks, not fixed
      This is almost certainly the landlords responsibility to repair --- why does it leak, where from? Is it cracked or is it a leaky valve? If it's the valve its not a big job to replace it.

      the fridge has no door for freezer
      If the landlord supplied the fridge with the flat he is probably responsible for making sure it is in working order. Whether that extends to replacing the freezer door (assuming its a freezer compartment in the fridge rather than a separate freezer) is debatable. Suggest you let us know what the tenancy agreement says regarding equipment supplied with the property. In the meantime try making a door out of tin foil --- just to stop the freezer air escaping. That should help a bit.

      everytime you use washing machine the sewage comes out of shower and smells like poo
      Why? Is the drain blocked? If so what does the agreements say concerning blocked drains? Probably it's complicated by being a flat as the blockage may be on another property. In the meantime can you not get a plug for the shower to stop the sewage coming up?

      the neighbours are junkies who have all night parties and sex orgies and police have been called many times.
      That's hardly the landlords fault --- it's a matter between you and the neighbours. If they are creating a noise nuisance your council should be able to advise.

      Another big thing is when I saw flat at end of Janurary the roof needed new tiles so it was covered with a blue sheet, which means only 3 windows in the house even open, making a fire exit hazard as the ones that do have a sheer drop to street below.
      If the property is not suitable for habitation then I suspect the tenancy agreement would state that the landlord is responsible for doing the work to make sure it is. The question is, does the fact that you can't open a window (or some windows?) make the property not suitable for habitation? I would think probably not --- it's inconvenient but probably not a health hazard.

      The fire exit hazard is probably not much of an argument --- not sure what the legal position is but I don't think that a fire exit is obligatory. How far is the drop? You can buy fire escape ladders but I don't know how long they would be.

      Also as I say the stench is bad when washing machine is on and I cant open window.
      Again you need to find out why the washing machine causes the smell.

      The shower is now faulty as it is stuck on low flow, unless you put the heat to max or off, so you get a scalding shower or a freezing one, and theres no bath there, so I have no choice.
      Again, your tenancy agreement would state who is responsible for the shower. If the landlord is they should get it fixed.

      Because of the tiles every time it rains rain and damp comes in which makes us feel ill and get colds and not able to sleep.
      It sounds as if the property is not suitable for habitation. If that is the case then the landlord should definitely fix it.

      There is more problems but I cant remember at moment.

      I have reported and reported problems time and time again, all I have had is once a council member of staff came to my house at 7.30am in morning(luckily I was awake for college) to look at fridge, he spent about 10 seconds as he realised problem couldnt be fixed and went away.
      I am not sure why a council officer would come to look at the fridge. Especially at 7.30am! Was he an electrician or what?

      Also I have a fire alarm dangling from wall with bare electrical wires, which landlord wont fix.
      What do you mean, bare electrical wires? Surely they must be insulated. Can you not fix it to the wall yourself?

      Final problem for now is im on housing benefit, and EVERY month I get loads of phone calls saying they are worried im not going to pay, despite cheques being sent to them, and when I was at college I paid them 1 month in advance! so have a good history with them.
      Just make sure you do pay and ignore the phone calls.

      I phoned today to enquire about the problems again and she told me her boss told her "that as I saw these problems when I moved in, I accepted them so therefore they dont have to do anything"
      Rubbish. If the tenancy agreement states that have to do something then that have to do it no matter whether the problems were there when you moved in or not. Sounds like they're just trying it on.

      I never saw fridge,
      Why not? Was it not there or did you not inspect it?

      I didnt know about sewage or problems, all I knew about was the tiles which were promised to be fixed by when I moved in.
      Did you get that promise in writing?

      I would advise you to put all these concerns to the landlord in writing. Keep a copy of the letter. List the problems one by one and quote the part of your agreement which proves they are responsible for doing something about it.

      Keep chasing your council's environmental health departments about the sewage problem but they may not be able to do anything about it if it's a plumbing problem.

      When did your contract start and how long is it for?

      Peter

      Comment


        #4
        Well I cant put fire alarm up as it needs a hole in the wall to screw it into, and the problem is there is electrical wires in the wall so its dangerous, and the 2 wires coming out of it are bare then the plastic.

        Its not the washing machine that smells its the shower as the sewage comes up, and I cant get a plug for it, as its the type of shower which has the raised plughole with a bit of plastic over it.

        It's a 6 month tenancy.

        As for toilet, it often doesnt flush at all, strangely its always last thing at night it wont flush for a few hours at all, and even if it does flush, if you have a pee, it just comes out from under the toilet.

        Comment


          #5
          L has statutory obligations under s.11 of LTA 1985. There are several threads on the subject.
          The obligations include responsibility for supply installations (gas, electricity, and water) and drainage. Failure to comply is a criminal offence.
          Last edited by jeffrey; 03-08-2007, 13:21 PM.
          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).

          Comment


            #6
            Originally posted by dekaspace View Post
            Well I cant put fire alarm up as it needs a hole in the wall to screw it into, and the problem is there is electrical wires in the wall so its dangerous, and the 2 wires coming out of it are bare then the plastic.

            Its not the washing machine that smells its the shower as the sewage comes up, and I cant get a plug for it, as its the type of shower which has the raised plughole with a bit of plastic over it.

            It's a 6 month tenancy.

            As for toilet, it often doesnt flush at all, strangely its always last thing at night it wont flush for a few hours at all, and even if it does flush, if you have a pee, it just comes out from under the toilet.
            As I say, best bet is to put all this in writing to the agent. Quote the details that Jeffrey gave and keep a copy.

            Peter

            Comment

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