Ask Me Help Desk - My landlord is in breach of contract?

My landlord is in breach of contract?

Dear,

The 18th of March 2011 we start renting a flat, through a letting agency.

As soon as we entered the property we let the agency know by email about the repairs that needed to be done in the flat.

The landlord (that is carrying out the repairs by himself) came to carry out some of the work but he never repaired the very urgent one: the bedrooms windows.

In fact the hinges of the windows in both bedroom are broken and the windows cannot close properly, leaving a gap through which cold air is entering in the room. Moreover as in one of the bedroom windows one hinge is missing, the window cannot be opened.

Since the beginning of the tenancy we keep asking the agency and the landlord to fix the windows obtaining no result. We received several contradictory e-mails about it but no action at all.

Since this winter has been quite cold, to have a liveable place to sleep, we needed to keep the heater on in the bedroom for several hours a day with a consequent increase of our electricity bill.

Is our landlord in breach of contract?
Could we ask for a refund for the money we spent to warm up the house as he didn't fix the windows?

Carlotta

Depends on where you are BUT in general a landlord guarantees that an apartment is safe and inhabitable.

Windows won't don't close and rooms which are basically unheated are neither safe nor inhabitable.

I wouldn't email him. I would write him, return receipt requested, advising him of the repairs.

In some areas you can send a letter stating that you will hold the rent in escrow until the repairs are made. You, of course, have to do that but it is legally sufficient. You pay the rent, just not to him at this time.

So - where?

And would I ask for a refund of the money for the heater (if you can separate it from your usual bill)? Yes, I would. Would I also give him 30 days to make the repair or else I'd make it myself (advising him in writing) and then subtracting the repair from the rent? Yes, I would.

Would I take him to Court if I had to? Yes, I would.

Depends on whether you want to leave or stay and where you are (of course).

"Is our landlord in breach of contract?" First, tell us what your lease says about repairs. I fully understand what Judy is saying but you said "to have a liveable place to sleep, we needed to keep the heater on in the bedroom for several hours " this doesn't sound like it is uninhabitable, in your own words. Yes he must make repairs but you should have inspected this property before moving in. patch the window with duct tape for the moment and keep complaining to the rental party who signed your lease. Where are you, in some places a tenant can pay to have a serious issue repaired and then deduct that cost from the rent, don't try that until you tell us where you are

Think OP is in UK which means our advice on the other side od fhe pond maybe suspect. OP has to clarify country.

Quote:

Originally Posted by tickle

Think OP is in UK ...

I do too. The use of "flat" and "letting agency" are significant clues.

I do not like working off clues. Until the OP returns to clear things up I am out of here. I live nwear Chicago and we don't think "keep the heater on in the bedroom for several hours a day " is a big deal. Doesn't sound uninhabitable to me but it should be fixed.

Quote:

Originally Posted by ballengerb1

I do not like working off clues. Until the OP returns to clear things up I am out of here. I live nwear Chicago and we don't think "keep the heater on in the bedroom for several hours a day " is a big deal. Doesn't sound uninhabitable to me but it should be fixed.

Agree to a certain extent (whatever that means) but taken as a whole for over a year (window hinges broken, window cannot be totally closed) I think an argument could be made for uninhabitable.

Of course "uninhabitable" depends on many factors, including the Judge's mood when he/she gets up in the AM.

You know what Judy, I did miss that it was 2011, that is too long to wait for repairs. I also wonder why the renter did not leave when the lease ran out at the end of February.

Quote:

Originally Posted by ballengerb1

You know what Judy, I did miss that it was 2011, that is too long to wait for repairs. I also wonderwhy the renter did not leave when the lease ran out at the end of February.

And that is certainly going to be a factor if the OP decides to go forward with this. These long existing situations always have a ring of "I want out and here's my reason" whether that is true.

If the situation was truly uninhabitable, as we were told, the renter would not renew and would be gone by now. Thinking we aren't getting 100% of the story