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Leaking Roof in rented property

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  • Leaking Roof in rented property

    Hello all, I have a little problem I need some advice on.......

    I moved into the property I am in just over 5 years ago and it's owned by an acquaintance/friend. Initially everything was fine, I had a couple of repair issues that were resolved quickly and sorted, I have and still am paid the rent when due. However the landlady wanted everything in cash and calls for the rent in person, stupidly I've never had a rent book or receipts etc. Sometimes the landlady wouldn't call for the rent for weeks and I'd end up handing over 2 or even 3 months worth at a time but the money was always there from the 1st of the month for her to collect when she wanted it.

    In January this year the flat roof in the kitchen started to leak, I informed her over the phone and in person and had got a local builder to asses the damage and give a quote. She said she would contact the insurance company and someone did come out in around end Feb/March and told me the roof was 'knackered love' (his words not mine!) and the whole thing could go through at any point. At this point the landlady said that if the insurance didn't pay for it, it wouldn't be done because she couldn't afford it. I didn't hear from her for 2 months (no rent collected) and during this time the roof obviously became worse, some of the internal plasterboard collapsed though luckily nothing was damaged and no one injured. When she did call for the money she said the insurance was no go but she would arrange for a builder to come and asses it and then arrange repairs. Another month went by and when she called for the next rent again, promises were made but with no outcome. Then come to August rent due and the landlady calls for the rent and says that builders will be out that week to asses damage but (and I quote) "It's so difficult to arrange a time for them to come between your shifts" I pointed out that I'd never been asked to make the property available for anyone to come and asses or repair damage and as during the next 3 weeks I was working nights I could be available any day, all I'd need is a call from them or her when they were coming and I would get up and let them in. I heard nothing for that week so I tried to call her - no answer so sent a text detailing that I was again nights that week and could be in for builders to come any day. No response at all. The damage has extended and is very near light fittings and I am genuinely concerned that the property is now unfit to live in. Water literally pours through the ceiling when it rains and I have to have a drainpipe catching some of the water directing it to the sink to try and prevent the buckets I am using overflowing while I am at work or asleep but it doesn't always work............ Again this morning I woke up to a kitchen full of water because it rained and the buckets overflowed.

    The 1st Sept has come and gone and no contact from her, and 3 times in the last week I have had a kitchen full of water because I have either been out or in bed when it's started to rain and the buckets I use to catch the water have overflowed. Luckily to this point nothing (my things) has been damaged by this but it's only a matter of time I fear. So yesterday I viewed another property with a professional landlord and have agreed to take it on, I need to pay £50 deposit on Monday and the rest two weeks yesterday to move in, which I have and isn't a problem.

    I have a couple of questions regarding this tenancy though -

    1) My tenancy agreement says 2 months notice either way, if I give less notice than this can I still be held liable for those rents even though the roof is (in mine and the guy from the insurance companies opinion) dangerous with it being liable to collapse, water close to light fittings and water pouring through the ceiling where the interior plasterboard has collapsed? Could I just literally move out as soon as I can, pay the rent up to the date I move out and hand the keys back or do I need to give and pay for the 2 months regardless? Or could she just demand that I leave immediately and would she have grounds to do this?

    2) When I moved in the landlady informed me that there was damp in one corner of the front room due to the tv aerial being put through the wall wrongly. She said she would sort it out and after a year of asking every time rent was collected it has never been attended to. To be honest I gave up and have covered it up with furniture and did actually intend to take the plaster off and see to the wall myself this summer (bought the materials etc) however have held off because of the problem with the roof, I didn't want to spend time and money on the issue when I wasn't going to see the benefit of it. Could this be considered my problem? Could she make me repair the damage to the wall (obviously it has spread) because it's internal? I have no proof in writing or anything that she knew about it before I moved in and she often said when I reminded her about the wall that she kept 'forgetting' about it. Bit worried she'll say she didn't know about it and then I'll be liable. I didn't pay any bond when I moved in.

    3) I haven't decorated most of the interior of the house since I moved in, I wasn't in a financial situation to do so until this summer and again have bought all the materials and decorated the bathroom and part of the kitchen (until the roof worsened when I stopped) - could she demand that I re decorate before I leave? The walls aren't covered in drawings or marks or anything, but they do look a bit worn and in need of a lick of paint because obviously it's been 5 years since they were last painted.

    I would like to leave on good terms though I have a feeling that's not going to be possible (she's not the easiest person to get along with as I have learned) and I'd like to leave the house in a reasonable state so that I cannot be accused to leaving the place a tip when it's not. And intend to repair some minor damage to a wall that has occurred and replace a cracked window (inside window pane of a double glazed window) that my daughter accidentally damaged before I leave, but any further advice or support anyone could give would be greatly appreciated. I hate confrontations and situations like this and I just know that she's going to make things as hard as possible for me but I cannot continue to shell out rent every month on this house when I basically cannot use the kitchen because of this leak, there's mould (and once I found a mushroom starting to grow!) on the kitchen walls that are wet and starting to crumble which is not exactly hygienic for the place where you store and prepare food! Incidentally every time the landlady has been to collect rent I have invited her to view the damage in the kitchen for herself - each time she has declined to come through and look.
    Tags: None

  • #2
    Re: Leaking Roof in rented property

    Hi Monzter :tinysmile_grin_t:

    Personally, i would be calling Environmental Health (or advising the landlady that if no repairs were done forthwith then you would be forced to do so). The house is in disrepair, and it is your landlady's responsibility to ensure her rented property is habitable. If she is not willing to do this, then Environmental Health will insist that she does!

    Kati x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Leaking Roof in rented property

      Thanks Kati,
      I considered going down that route but then thought if something as serious as this has been left for 9 months to get this bad, in future anything else that needs doing might go the same way and I'm not sure I can cope with stress like this again. I was ill since Christmas with a diseased gall bladder that came out in July so have been dealing with that as well and I've just had enough, I think I'd rather just move because I can't face the fall out from reporting her to EH and all the bad feeling that's going to cause.........

      Comment


      • #4
        Re: Leaking Roof in rented property

        I hope you find somewhere soon then :tinysmile_grin_t:

        good luck x
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Leaking Roof in rented property

          Hi. Firstly call the council out.

          1. You have 2 give notice. 1 month i think. But if the property is unfit. No rent is due.

          You do have some other rights as well. I will post them up tomorrow. I was a property agent for many years.
          crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

          Comment


          • #6
            Re: Leaking Roof in rented property

            Thank you CC and I have somewhere on the cards, I just don't want to end up paying rent for a place I'm not living in because I haven't gone about it right, nor lose the new place dragging my feet thanks

            Comment


            • #7
              Re: Leaking Roof in rented property

              Hi i would still report it to the council
              . As that gives you a bit of backup. If a property is pattialy unfit. Send letter to ll stating problems and how long its been going on. My mate whos still an agent. Suggested this. Without a functioning kitchen for more than 7 days. You would only pay storage rent. Round here thats about 25 per week. His suggestion came from a judgment he got 2 years ago in a despute with a tenant.

              If the roof has gone in the kit hen. It would not be safe to prepare food in there
              crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

              Comment


              • #8
                Re: Leaking Roof in rented property

                removed .. it was a responce to a spam thread
                Last edited by Crazy council; 18th September 2014, 16:15:PM.
                crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                Comment

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