Battle of repairs
Question
For the last two months I have repeatedly asked my letting agency to carry out some necessary maintenance jobs around my flat. The agency claims to have sent people to do the work, but nobody has ever turned up.
I told the agency that I would withhold my rent until the work was done. I also said that I'd be willing to do it myself because I am a self-employed handyman. I have since completed the work, but do I have any rights when I present them with my invoice, and do they have an obligation to pay me? If they don't pay me, can I take then to small claims court?
Answer
It may be worth contacting your landlord directly, since they may not be aware of the problems you've had if you've only ever dealt with the letting agent. If you don't have your landlord's contact details, ask your letting agent to provide them for you. If they don't provide the details within 21 days, they're committing a criminal offence.
Although you usually deal with your letting agent, bear in mind that it's your landlord who has a legal responsibility for keeping certain things in your property in good repair, such as the structure and exterior of the property, electrical wiring, plumbing and installations for the supply of heating and hot water. Some small repairs may be the tenant's responsibility, so check your tenancy agreement to find out what's included.
As a tenant, you don't have the right to withhold your rent in order to force your landlord to do repairs. A tenancy is a legally binding contract in which you agree to live in your home and pay rent. If your landlord is not meeting his repairing obligations there is action that you can take. This could include court action.
As for your invoice, if the amount you ask for doesn't get paid, you could try getting the money through the small claims court. Again, you would be taking action against your landlord, not your letting agent. It's worth remembering that even if you go to court, there's no guarantee you'd be successful. In addition, going to court can take time and there are fees involved.
In some circumstances, private tenants can carry out repairs and subtract the cost from the rent. However, there are set rules that you must follow, and you should get advice before doing this.
When deciding what to do next, bear in mind that as an assured shorthold tenant, your landlord may have the right to evict you without having to give a reason. However, they must follow the correct eviction procedure. Some landlords choose to evict tenants who complain about disrepair, so it would be wise to weigh up the seriousness of the situation against your risk of eviction.
If you're unhappy about the way your letting agent has acted, you may be able to make a formal complaint. There are several bodies set up to regulate and handle complaints about estate and letting agents. These include the National Association of Estate Agents, the Association of Residential Letting Agents and the National Approved Letting Scheme. If your estate agent is a member of one of these bodies, contact the body to make a complaint.
You may want to get further help with this. An adviser may be able to help you decide what action to take next. You could contact your nearest Citizens Advice Bureau (CAB) or Shelter Housing Advice Centre.
Updated: 12/09/2008
Question answered by Shelter
