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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Our daughter moved in to privately rented flat 2 weeks ago

Resolved Question:

Our daughter moved in to privately rented flat 2 weeks ago and since then has had no heating or hot water. The cooker blows the fuse when ever she tried to use it and the fridge does not close properly. There is no TV arerial at the flat therefore she is unable to get any TV. All these issues were brought up with the agent and subseqently the landord on discovery but we do not seem to be getting any further forward. What are our daughters rights and what should she do next?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

Thanks for your question.

 

Check the tenancy agreement, your landlord will be responsible to keep the property in repair.


Your daughter should formally write to the the Landlord & Agent (address it to both) specifying the disrepair, making a list of the reasonable repairs required and ask that he make those repairs within a reasonable time (eg. 7 or ten day). She should state that if the landlord does not make the repair within that time she will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.

If the landlord does not make the repair she can pay to have it done and then write formally again to him and the agent requesting the payment of the cost within 7 days. If the Landlord does not pay she can issue a claim for the money yourself through Her Majesty Courts Service's online service: www.moneyclaim.gov.uk


Its pretty cheap and straightforward to use.

If the state of repair is extremely bad then she may consider contacting the local authority environmental health department and ask them to send an officer round. If the state of the property is bad he will issue an enforcement notice against the Landlord to carry out works. If he finds it unfit for human habitation then he will declare it as such and you will be able to terminate your agreement with the landlord on the basis of this breach. She should use this threat as leverage and include it in the letter.

 

If she is occupying the property under an assured shorthold tenancy (which she will be unless she received a specific notice stating that it was not to be an AST) then her landlord must put the deposit monies in to a tenancy deposit scheme within 14 days of receipt. All deposit under ASTs have to be placed in such a scheme and she can sue the landlord for the return of the deposit and a fine of three times the amount (payable to her) of the deposit if it has not been placed in a TDS. Ask for details of the scheme in to which the deposit has been placed once you are sure 14 days has expired, I note you say she has been in there for two weeks)

If it hasn't be placed in a TDS then she can again either use it as leverage to get the repairs done, or claim the money.

 

If you start making some noise generally the issues tend to resolve themselves, landlord and agents know they are under a duty to provide a property in repair but wait until they realise that the tenant actually knows their rights before doing anything about it. It's the way of the world I'm afraid.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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