My partner and I signed a £900 rental agreement on a house three months ago. It was described by the letting agents, Connells, as a having a bath and a separate shower. On the first day we found out that the shower dispenses scalding water only – and is therefore dangerous and unusable – and we immediately reported it to Connells. We had several visits from a plumber before it was concluded that the whole unit needed to be replaced.
Nothing has happened since.
Moreover, the back door fell out of its rotten frame and it took two days before it was boarded up, which invalidated our insurance. It was never replaced. We have also reported the conservatory roof leaking badly and causing mould on the walls. This complaint was not even acknowledged. We know from the landlord that the faulty shower was reported by previous tenants – so he was aware of the problem, but chose not to do anything about it. We would not have rented the property knowing it had no working shower.
I know that, for goods and services, we would have protection under the Consumer Rights Act 2015 for items “not as described”. Does it apply to tenanted properties? MS, Cannock
Unfortunately it does not. Or rather, not in the way you are hoping. The act does outlaw unfair terms in tenancy agreements which are not prominently and clearly stated.
In your situation the rights are stacked in favour of the landlord who, ultimately, can withhold your deposit or even evict you. When I asked Connells whether it checks properties before renting them, it said they are assessed thoroughly and claimed that the rotten door was marked in “good condition”; there was no sign of a leak and the shower fault was not known about as a different agent had previously managed the property.
It said the landlord preferred to use his own contractors, but has now agreed to allow Connells to organise the work. However, although Connells told me the landlord was prepared to discuss compensation, he has since refused your request for a rent rebate, stating that a shower is not reflected in the rental cost, which covers “space, location and facilities such as a new kitchen and two toilets”. Many properties lack a shower, he adds irrelevantly in his response to you.
Tenants in your predicament have limited options. If you withhold rent the landlord is entitled to serve a notice to quit. You run the same risk if you sort repairs yourself then deduct the cost from your rental payments, although you can do this for minor repairs provided the landlord has had ample opportunity to carry out the works and you have notified them in writing that you plan to organise the work yourself if they don’t step up within a given deadline.
You must obtain three quotes and send receipts and forewarn them in writing at each stage. You can’t even decide to walk out or the landlord may sue you for any rent you owe right up until the contract ends, although you can give notice if there is a serious breach of the agreement.
If neglected repair work is causing a health and safety risk you can ask the local council to inspect the property. You could also complain to the property ombudsman, of which Connells is a member.
As a last resort the small claims court is an option for repairs costing less than £1,000.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number. Submission and publication are subject to our terms and conditions
