Windows

[annathomo]

Hi,
I wonder if you can help. I rent a private property in Edinburgh and I moved in last August. When I viewed the property the double glazing units in the bedrooms had blown and I was assured they would be fixed prior to move in. I since moved in and didn’t view the property again and the units were not fixed. They are really unsightly, one window cannot be opened and there is a draught and there is quite a lot of water on the windows. I have to clean mould from one regularly. I have asked the letting agent about 10 times to get them fixed and a couple of people have done quotes but nothing has happened. I have been given advice from a housing advocacy service that this comes within the repairing standard and it is not being met. I just want some advice from a landlord about what the best thing to do is?
thanks!

[theartfullodger]

Check shelter Scotland website for guidance, if still unsure 'phone them 0808 800 4444

Write (yes, write/email, keep copy, copy agent) to landlord (yes landlord) detailing repair issues, calm and polite.

[AndrewDod]

Assured in writing and contractually agreed?

[annathomo]

Thanks both. I spoke to Shelter and they advised to submit a first tier tribunal application as we have submitted the request so many times and they have had plenty of time. I will send a letter letting them know of this though. The contract is a private residential tenancy agreement.

[annathomo]

And thanks artful dodger - I will write to the landlord directly.

[AndrewDod]

Not sure what Shelter have advised -- but there is not an absolute repairing obligation to keep every window with non-blown double glazing at all times. Just as there is not really a direct obligation to have double glazing at all (EPC dependent). So unless you have some sort of agreement in writing or it is in the contract I can't see it .... unless Scotland is on a different planet. Enlighten us if so.

[theartfullodger]

There is a formal repairing standard in Scotland, different from England. Certainly FTT a good move.

Lodger not Dodger, I don't dodge.

[AndrewDod]

There is a formal repairing standard in Scotland, different from England. Certainly FTT a good move.

Lodger not Dodger, I don't dodge.

And that says you can't have a blown double glazed window for any period of time?

That would make no sense at all - unless it is a single massive window it makes no sense to replace individual panes instead of batching them once every year or two. But maybe tenants in Scotland pay a lot for this?

A blown gas filled pane would still be like secondary double glazing, and if one of ten windows in a house, the extra energy loss would be trivial (over one season might amount to about £3 of extra heating cost). Bonkers Scots (me being a sort of ex one)

[theartfullodger]

The FTT makes it's own mind up, based on evidence. There appear to be multiple blown units, an agent who's been asked multiple times and lack of communication. I'd see what FTT decide.

But possibly likely landlord will take action to fix to avoid FTT.

But, I am not a lawyer. Some info if anyone is bothered...
https://www.gov.scot/publications/repairing-standard/

Best wishes to all.

[AndrewDod]

So arbitrary make-it-up-as-you-go law in other words.

Scotland is a bit like North Korea I guess.

[annathomo]

Hi both. Shelter advised that as the window gets very wet and there is a draught it doesn’t meet the repairing standard in that the property is not wind or watertight, and that the structure of the building is not in a reasonable state of repair. Having done a quick search on FTT they have previously issued orders to get blown glazing units fixed. I have no idea how this will go down but I assume landlord will get it fixed prior to FTT (hopefully). I am prepared to just move either way as it’s been a lot of hassle and the letting agent and the landlord hasn’t been very good at all.

[AndrewDod]

The wind or watertight bit I can definitely buy. But that is a totally different issue to the double glazing vacuum being blown.

But that said it depends how much the lack of airtightness is. No property should be 100% airtight anyway (but should be watertight).

[annathomo]

Well I am not a glazer but I assume the water is streaming down the window, and the blind blows in the wind because the glazing unit has failed so I assume it is linked. The windows where the glazing unit hasn’t failed don’t do that. But I have absolutely no idea and I’ll see what the FTT say. I’m not holding my breath as from my experience things never really work out for the tenants.

[annathomo]

Hi just to update if interested. The FTT has accepted the application and there is a case meeting for January planned. I’m hoping this is resolved prior to that.

[AndrewDod]

Hi just to update if interested. The FTT has accepted the application and there is a case meeting for January planned. I’m hoping this is resolved prior to that.

Maybe the Scots are getting way to much money. The London FTT has not responded to our urgent critical case correspondence for more than 7 months. In the meantime someone could die given that there are highly lethal building risks involved (like unprotected drops of three stories along communal/public passageways).