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I'd really appreciate some advice on this one.
I have lived in a rented property for 5 years. Recently when visiting for another repair the landlord noticed that due to some cracked tiles in the shower area of the bathroom water had seeped in underneath the shower and had caused a rot problem affecting the wood which the shower tray was resting on.
The landlord says that as I didn't tell him about the cracked tiles this constitutes 'neglect' and I am now liable for several grand to rip out the shower tray and re-install new woodwork. Now, I freely admit to knowing next to nothing when it comes to issues of property maintenance, but from my point of view though I had no idea that there was even an issue. The tiles were cracked on moving in and I simply just accepted it as was (there were also cigarette burns on the carpet when we moved in, but the landlord had simply cleaned this and re-laid it)
in terms of liability I think the fact that there was no inventory drawn up on moving in probably counts against him - he has also never carried out an inspection in 5 years - but right now he's seeking to make life a little difficult and making threats about references and that. Could anyone advise?
If they tiles were cracked when you moved in, then i cannot see how you can be held at fault, was there an inspection report done prior to your moving that states this damage?
Did you take any photos of the damage as you moved in?
Seems to me is holding you at fault in the hope you'll pay for damage that was already there?
[i]no inventory drawn up on moving in probably counts against him - he has also never carried out an inspection in 5 years[/i]
This i suspect means Landlord hasn't got a leg to stand on.
re: references. After 5 years how can they claim you're not a good tenant?
no inventory drawn up on moving in probably counts against him - he has also never carried out an inspection in 5 years
Certainly puts him on the back foot.
Is there anything in your contract along the lines of "tenant responsible for reporting any damage" etc.
If there isn't and as there's no inventory its pretty impossible for him to prove you're responsible and pretty impossible for him to make you pay.
Unfortunately what he can do is just turf you out next time your contract is up for renewal without giving any reason...although i think the law might have changed on that or is changing anyway.
Citizens advice would be the best place to go - they would be able to advise accurately.
As above, no inventory then tell him to jog on !!
I'm failing to see how this is your problem - isn't this what Landlords insurance is for - presuming he has it 😉
The "neglect" seems to sit with him not carrying out at least an annual visit/formal inspection.
Do you have a tenancy agreement? If so does it mention anything about visits, notification of defects?
The skeptic in me has me thinking that perhaps he wants you out 😐
(as a landlord) - this is why you have regular property inspections. not because you really care where the tenant keeps their underwear, but because tenants are (generally) not as invested in, nor as knowledgable about maintainance issues. A lot of maintenance can be 'nipped in the bud' - this is a good example of that.
If the tiles were cracked when you moved in, nothing proves the hidden damage wasn't also done when you moved in. Tell him to jog on.
"Fair wear and tear"
The landlord would loose any claim for recompense.
Let the landlord know when is convenient for them to come and patch up to prevent the problem getting worse, and if you have any holidays planned that then would be a good time to organise a proper strip-out and repair. As for you paying, just say no, he's responsible for the fabric of the building, not you. Some people are dicks, some of them are landlords, it's unlikely they will find a cure soon.
I'm not sure whether you'd be expected to know that the cracked tiles would cause a serious problem? I'd wager plenty of people live with similar problems until they notice something more significant on the floor below. Similar examples include seeing houses with missing roof tiles or obvious render failing.
On a side note, replacing and woodwork will be a massive inconvenience to you. You may end up without a bathroom for several weeks. I'd consider looking to move rather than contine to pay rent while the work is underway.
One of the few advantages of renting is that this kind of thing needn't be your problem.
Stop the press!
Landlord attempts to rip-off tenant shocker!
If they tiles were cracked when you moved in, then i cannot see how you can be held at fault
This.
Stop the press!Landlord attempts to rip-off tenant shocker!
One reason (among many) why the government are pushing out one-man band landlords in favour of corporates - they've heard it's an easy way to make money and have no thought to their responsibilities (legal or otherwise) and no real loss if their tenants aren't happy...
Landlords as a whole have killed their own golden goose through their own short-sightedness
Nice to see the usual landlord haters have appeared early.
they've heard it's an easy way to make money and have no thought to their responsibilities (legal or otherwise) and no real loss if their tenants aren't happy
I'm a landlord and I wouldn't let my properties without the correct compliance in place, and I like happy tenants. Unhappy tenants move out, that's bad for profit.
Tenants can be selfish people too you know.
But yes this whole story shows how important quartelry inspections are.
Ll here - without the inventory he has no chance. Doesnt 5 years predate the need to protect the deposit i cannot remember.
5 years with no inspection is terrible, i ve slipped up a few times but 5 years...
Sorry to hear about this there are good and bad ts good and bad lls.
I work in a lot of teenanyed properties, some landlords keep on top of repairs some dont, some tenants treat the place like a slum and some dont, swings and roundabouts.
Its going to cost a bit to put right, and posssibly landlord is using it as a way of getting you out.
is he a large bloke,
neck tattoos? sovereign rings?
😕
If it was cracked when you arrived, then he can't fleece you for it. It is his failure to inspect before and during the five year period that has turned it into a massive job to fix rather than a simple retile costing a few hundred if that.
You could go at a different angle and say the shower wasn't fitted corectly tray should be sealed to wall before tiles etc plasterboard is not suitable for for a backing material to tiles. Tiles don't crack on there own there will either be water getting through a gap some where ot the jobs not been done corectly either way it could be in insurance clam .
I'm just in the process of sorting our shower that wasn't sealed to the wall. Everything out, and the slow leak has got into the floor...Ballache and expensive.
If he hasn't checked the property in five years has he carried out your annual gas safety check? You should have been issued with a cp12 on moving in and annually there after.
Also best practice for electrical periodic testing is every five years. Has this been done?
His alleged claim is an absolute nonsense. I look after the Compliance of 12k properties and legal disrepair claims so email me if you would like some advice.
I had a similar situation when I lived in my first flat when I was 19, downstairs neighbours ceiling starting sagging about a month after I moved in. Traced it to a leaking pipe under my bath, the bath panel was not sealed/glued so just came straight off when they came to check and there was some paper towels in there where someone had obviously tried to dry it up.
Landlord tried to claim it was my fault as it wouldn't have been like this when I moved in and said the repairs would be taken out of my deposit.
I just sent him a stern worded letter saying that at no point had I any reason to try and remove the bath panel so how would I know it wasn't glued on and if I had noticed a leak under the bath I would have told him to come fix it because it wouldn't be my problem anyway. Never heard a word again and got my deposit back when I moved out. Obviously knew about it and decided to leave it, let someone move in and blame it on them 😕
Accept your moving out whatever.
Firstly, deposit protection. The requirement was in place from 2007'ish. Has he secured it and told you where its held? If not you've won compensation.
All he can do at the point you leave is try to withold the deposit amount, if he wants he would have to take you to court for wilful damage.
Then the inventory comes into play. If none was made it comes down to argument (both making a case to the deposit scheme or court) over the moving in condition (onus on him to prove all was as new) and then the added factor of 5 years wear and tear.
Basically, he's stuffed but you might have to get legal (small claims) to get your deposit back.
I've taken a landlord in similar (pre deposit scheme) situation to court for deposit. No inventory, six years wear and tear, no maintenance in that time. The court laughed at him and I got it all plus costs.
I would be moving out, no trust with Landlord now.
The repair won't be quick either, depending on damages may need months without shower for stuff to dry out etc