So, my kitchen is collapsing...
May 24, 2010 5:24 AM Subscribe
UK (Scotland) tenancy issues. How long should I expect major kitchen repairs to take, and what are my rights as a tenant while the work's being done?
A rather unpleasant followup to this question: it turns out that my kitchen is in a bad, bad state.
My letting agents sent some builders to do some repairs elsewhere in my flat, and I asked them to take a look at the kitchen while they were here, since it still smelled of damp and the floor seemed uneven in places. It turns out, after some investigation, that the dishwasher has been leaking for some time, perhaps for several years. The kitchen floorboards are soaked through and rotted over about half the kitchen, which would explain the floor and the damp smell. The fridge and washing machine are gradually sinking into the floor, which is not only uneven but actually soaked through and spongy in several sizeable areas. The builders guessed that fixing this would require taking out the fitted kitchen, pulling up the whole floor, replacing it and putting the kitchen back - presuming the joists aren't affected, which is still unclear.
I've only been in this flat since December, and the builders are sure that the damage dates from long before that. So I'm not on the hook for repairs... but, I still have a problem.
My letting agents are, as is the way of letting agents, dragging their feet and being generally unhelpful. ("You phoned when? Oh, I'm afraid that girl left the company, she must have forgotten to pass on your message," etc etc.) They are now promising to chase up the company that does repairs and maintenance work for them to get an actual quote, as well as a guess for when the work might start. They've told me that the work probably won't take "anywhere near as long as you're claiming the builders said, maybe your floor just needs to dry off for a couple of days or something," and have absolutely refused to be pinned down in any way on what I'm entitled to if I can't use my kitchen for any period of time.
So, here's what I'm wondering:
1) How long might work like this (ripping out kitchen, replacing floor, fixing any damp issues that might have got into the walls, replacing kitchen) be expected to take, roughly? Obviously I'm not looking for an exact schedule, but my letting agents seem to want me to just give the builders a set of keys and cross my fingers that it won't take long - and obviously, I need to make some quite different plans if I'm kitchenless for three weeks as opposed to one day.
2) Related: if I do end up unable to use my kitchen, what are my rights re: compensation and/or being put up elsewhere for the duration of the work? I'm sure I recall there being something in Scottish tenancy law about this, but hunting for it now isn't turning up anything.
3) If they do just refuse to fix it, am I right in thinking that living somewhere with substantial rotting/damp issues is probably not great for my health?
I'm happy to talk to the CAB about this if needed, but in my experience with them from bad landlord issues of years gone by, they work best when they have something concrete to go on: "I am in X situation, which needs Y, and my landlord is only offering Z." Because so much of this situation is vague and wooly - my letting agents really don't want to give me definite answers on things like 'How long will this take?' and 'Will you give me any kind of compensation in the meantime?', just handwaving promises that they'll answer that in the future - I'm trying to gather as much information as I can before heading down that route.
(Oh, and there might be similar issues going on in the bathroom too, with what I thought was a broken floorboard under the lino that just happened to be right next to the bath. That would be just joyful...)
So, um. Any ideas?
A rather unpleasant followup to this question: it turns out that my kitchen is in a bad, bad state.
My letting agents sent some builders to do some repairs elsewhere in my flat, and I asked them to take a look at the kitchen while they were here, since it still smelled of damp and the floor seemed uneven in places. It turns out, after some investigation, that the dishwasher has been leaking for some time, perhaps for several years. The kitchen floorboards are soaked through and rotted over about half the kitchen, which would explain the floor and the damp smell. The fridge and washing machine are gradually sinking into the floor, which is not only uneven but actually soaked through and spongy in several sizeable areas. The builders guessed that fixing this would require taking out the fitted kitchen, pulling up the whole floor, replacing it and putting the kitchen back - presuming the joists aren't affected, which is still unclear.
I've only been in this flat since December, and the builders are sure that the damage dates from long before that. So I'm not on the hook for repairs... but, I still have a problem.
My letting agents are, as is the way of letting agents, dragging their feet and being generally unhelpful. ("You phoned when? Oh, I'm afraid that girl left the company, she must have forgotten to pass on your message," etc etc.) They are now promising to chase up the company that does repairs and maintenance work for them to get an actual quote, as well as a guess for when the work might start. They've told me that the work probably won't take "anywhere near as long as you're claiming the builders said, maybe your floor just needs to dry off for a couple of days or something," and have absolutely refused to be pinned down in any way on what I'm entitled to if I can't use my kitchen for any period of time.
So, here's what I'm wondering:
1) How long might work like this (ripping out kitchen, replacing floor, fixing any damp issues that might have got into the walls, replacing kitchen) be expected to take, roughly? Obviously I'm not looking for an exact schedule, but my letting agents seem to want me to just give the builders a set of keys and cross my fingers that it won't take long - and obviously, I need to make some quite different plans if I'm kitchenless for three weeks as opposed to one day.
2) Related: if I do end up unable to use my kitchen, what are my rights re: compensation and/or being put up elsewhere for the duration of the work? I'm sure I recall there being something in Scottish tenancy law about this, but hunting for it now isn't turning up anything.
3) If they do just refuse to fix it, am I right in thinking that living somewhere with substantial rotting/damp issues is probably not great for my health?
I'm happy to talk to the CAB about this if needed, but in my experience with them from bad landlord issues of years gone by, they work best when they have something concrete to go on: "I am in X situation, which needs Y, and my landlord is only offering Z." Because so much of this situation is vague and wooly - my letting agents really don't want to give me definite answers on things like 'How long will this take?' and 'Will you give me any kind of compensation in the meantime?', just handwaving promises that they'll answer that in the future - I'm trying to gather as much information as I can before heading down that route.
(Oh, and there might be similar issues going on in the bathroom too, with what I thought was a broken floorboard under the lino that just happened to be right next to the bath. That would be just joyful...)
So, um. Any ideas?
I don't know the answer either, but a Google search turned up Better Renting Scotland which offers some alternatives to the CAB. More information on 'Repairing Standards' can be found here.
Good luck and continue to stand up for yourself!
posted by different at 5:46 AM on May 24, 2010
Good luck and continue to stand up for yourself!
posted by different at 5:46 AM on May 24, 2010
The Shelter website may also be of use to you, if you've not already seen it.
posted by kg at 6:02 AM on May 24, 2010
posted by kg at 6:02 AM on May 24, 2010
What I would do in your position is to stop talking and start getting everything in writing. As the landlord's designated agent, it is the responsibility of the letting agency as a whole to sort out your flat; it's not your problem if Girl A is on holiday and Useless Lad B is at lunch. Start letting those irrelevant details be their problem.
So: send them a letter and require a response in writing. Do not get into he said/she said; simply lay out the problem and your questions and demand answers.
Dear Letting Agency:
As you will be aware, on (date) builders sent by Letting Agency discovered a serious and long-standing leak in my kitchen in Flat 10, Whatever Road. I understand you are in the process of contracting with a company to have the necessary repairs assessed and made.
Given that it is XX days/weeks later, it is now essential that you let me know when the property will be brought back up to the standards under which I let it and into compliance with the Repairing Standard under Scottish law.
At this juncture, I need to know:
1) When the needed repairs will take place and how long repairs will last;
2) Your proposal for compensating me or accommodating me whilst repairs are undertaken.
As I would very much like to avoid referring this matter to the PRHP and my solicitor, kindly send your reply in writing by 28 May.
Sincerely,
Etc.
The above letter is what I would send. Your landlord has a legal obligation under the repairing standard to fix your flat. If the agent doesn't respond, send a copy of the letter vis certified mail directly to the landlord.
What you can do from there depends on what kind of tenancy you have, but you should have recourse to the PRHP either way. I expect that the PRHP is slow, but for your landlord, it's also a giant pain in the ass best avoided.
Even if you hear back from nobody, those sent letter will put you in a much better position when you then walk into Shelter or the CAB.
posted by DarlingBri at 6:44 AM on May 24, 2010 [2 favorites]
So: send them a letter and require a response in writing. Do not get into he said/she said; simply lay out the problem and your questions and demand answers.
Dear Letting Agency:
As you will be aware, on (date) builders sent by Letting Agency discovered a serious and long-standing leak in my kitchen in Flat 10, Whatever Road. I understand you are in the process of contracting with a company to have the necessary repairs assessed and made.
Given that it is XX days/weeks later, it is now essential that you let me know when the property will be brought back up to the standards under which I let it and into compliance with the Repairing Standard under Scottish law.
At this juncture, I need to know:
1) When the needed repairs will take place and how long repairs will last;
2) Your proposal for compensating me or accommodating me whilst repairs are undertaken.
As I would very much like to avoid referring this matter to the PRHP and my solicitor, kindly send your reply in writing by 28 May.
Sincerely,
Etc.
The above letter is what I would send. Your landlord has a legal obligation under the repairing standard to fix your flat. If the agent doesn't respond, send a copy of the letter vis certified mail directly to the landlord.
What you can do from there depends on what kind of tenancy you have, but you should have recourse to the PRHP either way. I expect that the PRHP is slow, but for your landlord, it's also a giant pain in the ass best avoided.
Even if you hear back from nobody, those sent letter will put you in a much better position when you then walk into Shelter or the CAB.
posted by DarlingBri at 6:44 AM on May 24, 2010 [2 favorites]
This thread is closed to new comments.
posted by aisforal at 5:43 AM on May 24, 2010