Flat Renting Issues

[DrWho]

If for any reason one has to contact a tenant who is renting their flat, and the tenant says she will contact the owner, but fails to rectify the issue or tries to bluff on every occasion, does one have the right to find their own tradesman and work it out with the tenant to gain entrance, then send the bill to the owner for failing to sort the issue in the first place?

Perhaps this is the wrong place to be asking such things being legal and all that, but I kind of think you folks will know a bit about this.

Many thanks

 

[Johnmelad502]

I really don't understand the question, could you rephrase it?

 

[DrWho]

I really don't understand the question, could you rephrase it?

If you have a problem with a neighbour above, and the neighbour turns out to be renting the flat from the original owner, and the tenant who is renting is telling me she is contacting the owner to tell them the problem, but if the end result is that they fail to get a tradesman in to sort out the issue, am I legally entitled to get my own tradesman to go to their property and fix the problem and then ultimately send them the bill.

Sorry but I don't know any other way of re-phrasing that question so hopefully this one is easier to understand.

 

[Bahco]

This site may have the answer if you look for it.

 

[joinerjohn]

Still don't really understand your question. Why would you want to fix your neighbours flat then send them the bill??
A bit more info needed really.
Perhaps they have a tap/pipe leaking and it's affecting your ceiling?

Do let us know what the problem is (we'll send the lads round)

 

[DrWho]

Perhaps they have a tap/pipe leaking and it's affecting your ceiling?

Correct!

 

[ajstoneservices]

If I understand you right You have a neighbour that rents his/her property.

That property needs some attention or repair. The tenant claims the landlord is aware of the problem and is dealing with it.
The problem has not yet been dealt with so you would like to engage someone to carry out the work then send the landlord the bill? You know the answer to that question really don,t you

 

[Bahco]

You may have a case under nuisance laws

Citizens Advice Bureau Advisernet states:

A landlord can be taken to court for negligence or nuisance. Negligence arises if someone has been injured or property has been damaged because the landlord has breached a duty of care. A duty of care is likely to be breached if the landlord has acted unreasonably or has not acted where s/he should have, and the problem was 'reasonably foreseeable'

Nuisance occurs when something in one property interferes with the use and enjoyment of a neighbouring property. Nuisance could occur, for example, as a result of defects in the common parts of a property or in neighbouring premises owned by the landlord. Noise from neighbours could also constitute nuisance.

 

[joinerjohn]

What a fantastic guess ehh !!!!!

I should have been a mind reader me.
Why didn't you say so in the first instance? Your not breaking any secrecy/ privacy laws, by not mentioning that the flat is rented by Ms Scuzzbucket of Chav Rd.

Perhaps a call to the local council Health Dept might be in order???

 

[DrWho]

If I understand you right You have a neighbour that rents his/her property.
That property needs some attention or repair. The tenant claims the landlord is aware of the problem and is dealing with it. The problem has not yet been dealt with so you would like to engage someone to carry out the work then send the landlord the bill? You know the answer to that question really don,t you

No, I have spoken with the tenant, and they have said they will text or ring the owner, so I don't even know if the owner has been informed or not as the tenant had said that she had no reply from the owner, so would perhaps have to ring them, which I thought she should have done originally.

Yes, it is to do with water leakage from the bath area apparently, well that is what it sounded like anyway.

You say I should know the answer anyway, well surely if I get nowhere with the info I receive from the tenant via the owner I need to do something surely.

 

[Johnmelad502]

Right, now I understand what you mean.

Yes you can send your own plumber around, unfortunately the tennant is under no obligation to let him/her in.

Even if they did, the landlord would be under no obligation to pay the bill.

Get the landlords details from the tenant and talk to him/her direct. If no joy, you should seek legal advice.

 

[mointainwalker]

Bahco , you seem to be leaving a couple of points aside.

It seems from the OP's post that the landlord is not aware/has not been informed of any problem. For whatever reason the tenant does not seem willing to undertake repairs or ask the landlord to do so.

I cannot imagine any circumstances at all under which an uninvited tradesman could force entry ( except police/local authority ) and could never imagine any tradesman ever being willing to get anywhere near such a thing.

 

[DrWho]

I read your posts with interest and I thank you for them I really do.

I have left it that she is either going to text again or ring the owner then come back to me, I said I would hear from her soon, don't know how long to leave it, mind you it's not that the water is gushing or anything, and only seems to cause a sound when the bath is running and full and when being emptied.

 

[Bahco]

Bahco , you seem to be leaving a couple of points aside.

It seems from the OP's post that the landlord is not aware/has not been informed of any problem.

The first thing to do is always negotiate politely with the landlord mentioning that time is of the essence. Knowing your rights gives you more confidence when dealing with these sorts of problems.

To avoid getting the obligatory lip service I would remind the landlord of the legislation concerning nuisance too.

 

[ajstoneservices]

You may have a case under nuisance laws

Citizens Advice Bureau Advisernet states:

A landlord can be taken to court for negligence or nuisance. Negligence arises if someone has been injured or property has been damaged because the landlord has breached a duty of care. A duty of care is likely to be breached if the landlord has acted unreasonably or has not acted where s/he should have, and the problem was 'reasonably foreseeable'

Nuisance occurs when something in one property interferes with the use and enjoyment of a neighbouring property. Nuisance could occur, for example, as a result of defects in the common parts of a property or in neighbouring premises owned by the landlord. Noise from neighbours could also constitute nuisance.

I cant see how the tenants landlord of the flat above has a duty of care to the OP, If the leak was effecting the tenants property to the extent that he wanted something done which the landlord either delays unreasonably or fails to repair the tenant can employ someone and give the landlord the bill. the tenant could contact the local autnority who will act for the tenant.

The OP will need to go to court to get permission(if he can) to enter the landlords property and effect an repair he could then claim the costs of and most likkely his legal fees too.

The OP should contact the enviromental health department they may contact the landlord asking him to repair the leak.