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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7478
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am on a short term tenancy agreement and several cracks appeared

Customer Question

I am on a short term tenancy agreement and several cracks appeared in the last few months on the walls, some of the plastering fell, in some cases on our bed while asleep and on my son bed when he was asleep, also, some of the walls from the outside and inside perimeter are cracking.
Also the floor on the garden is sinking and is quite evident the house is shiftin to one side
how can I have the environmental office or someoen else to come over and check if it is secure and liveable?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

You need to contact the local authority and ask to be put through to their environmental department. You should explain what has happened in respect of the plaster and that you consider it could be dangerous. They should make an inspection. If it is unsafe or preventative works are required then they will make a declaration to this effect and send it to the landlord. You should keep a copy. If the landlord does not carry out the works after this then it’s potentially something for which he could be prosecuted.

In addition, you should formally write to the the landlord (copying in the agent) specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you 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 you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/. Write to them first asking for the money and stating that you will issue a claim if it is not received.

Its pretty cheap and straightforward to use.

Open a file, send letters by registered post, keep copies of everything for use in any claim you may choose to issue at a later date.

If it’s too expensive to pay for yourself then you should claim it is a breach of contract and state that if it is not remedied then you will terminate your tenancy (but only if you consider that this problem denies you the substantial whole of the benefit of the contract) and state that you will sue him for damages and expenses.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7478
Experience: UK solicitor holding an England and Wales practising Certificate.
Thomas and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

he's aware of that from months as I sent him pictures and he ddi nothing


also he ignored me until I decided to stop paying rent, now he has a possession order but I already left the property and I am preparing all this to counterclaim after him

Expert:  Thomas replied 3 years ago.
Hi,

If that's the case then you're going to have to take your chances at Court with your defence and counter claim.

Generally, you're only as good as your evidence so you really need to start collating evidence of the disrepair and how it affecting your ability to safely enjoy the tenancy.

Tom
Customer: replied 3 years ago.

but shall I not also seek the environmental agency report t osupport it?

Expert:  Thomas replied 3 years ago.
Hi,

You can do, yes, but it would have been best for you to do this at the time. They can only confirm the state of the walls now. You need to demonstrate the state of the walls when you were there. It will help but it may not be accepted by the court as conclusive evidence of your right to terminate.

Tom
Customer: replied 3 years ago.

well I have time stamped pictures and same pictures were sent to the landlord to make him aware of the problem


that shall be sufficient

Expert:  Thomas replied 3 years ago.
It's worth a try, yes.

Tom
Expert:  Thomas replied 3 years ago.

Hi

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