Raindrops keep falling on my bed
Question
I live in a small house with my husband and two young children. Although we rent through an agent we deal with problems directly with the landlord, but recently this hasn't been working out.
There's a flat roof over our bedroom and when it rains we get a lot of leaks. Everything gets wet in the process and we can't sleep in the room when it rains. This has been going on for about four months.
We told the landlord about it straight away but nothing has been done about it, even the agents won't help us. It's a nightmare and conditions in the house are now terrible. We've continued to pay rent throughout. Should we stop paying rent? Is there anything we can do to sort this out. Surely these aren't acceptable living conditions?
Answer
Most people who rent privately through an agent are assured shorthold tenants. If you think you have a different type of tenancy, it's important to seek further information from a local advice agency.
Your landlord has responsibility for keeping certain parts of your home in good repair, this includes the roof. In this situation, your first step would be to report it to the landlord, giving him a reasonable amount of time in which to complete the repair. Unfortunately, the law doesn't specify what a reasonable amount of time is, so it will depend on the circumstances.
It sounds like you have given the landlord plenty of time to make a repair, so your next course of action could be to try to force the landlord to do the repairs. You could contact your local environmental health officer to check that your home is safe and fit for habitation. Your local council can take court action on your behalf if they find your home is unfit.
Alternatively, you could try to take court action on your landlord yourself. However, it can be a long and complex process. You should get further advice if you think this may be the appropriate option for you.
Unfortunately, you don't have any legal right to simply stop paying your rent. This will leave you open to being evicted by the landlord for rent arrears.
Another option could be to withhold the rent to pay for the repairs yourself, but this isn't advisable unless you have spoken to an advisor or a solicitor. If you want to do this you must follow a specific procedure. Otherwise, your landlord can evict you. The procedure is as follows:
- Step one: report the repairs to the landlord in writing and allow time for them to be done;
- Step two: write to your landlord again, explaining that you intend do the work yourself and take the costs out of your rent unless the repairs are done within a certain time, for example two weeks;
- Step three: once this time has passed, get three quotes or estimates for the work from reliable contractors;
- Step four: send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time, for example a further two weeks;
- Step five: once this time has passed, if your landlord hasn't responded, arrange for the work to be done by the contractor that gave the cheapest quote;
- Step six: pay for the work yourself and send a copy of the receipt to your landlord, asking them to refund the money;
- Step seven: if your landlord does not give you back the money, write to you landlord and confirm you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for.
Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when.
If you are claiming housing benefit, tell the housing benefit department what you are doing and ask them not to make payments directly to your landlord. Your housing benefit payments might be suspended temporarily until the issue is resolved.
Before you decide what action to take, you might want to discuss your options further with a local advice agency. It's worth bearing in mind that private landlords will sometimes evict tenants rather than deal with a problem. An advisor may be able to help you negotiate with the landlord, and contact the relevant people for help. You could also discuss your options for alternative housing if you feel you have no choice but to leave your home.
Updated: 15/04/2010
Question answered by Shelter
