Rental agreement disaster
Question
I've been living in a flat for three months and I'm very unhappy. I'm being charged far more than was agreed, and I've been made to pay bills upfront for the whole six months. The landlord is my housemate's aunt and has said that her niece is in charge of bills. I've been told to work disputes out with her, but so far this has not worked.
The girl promised me that an intercom would be fitted, but after three months this has not happened and I've missed many deliveries. I was also promised I would have the internet, but the wires go into my flatmates room so I can't use it even though I still have to pay for it.
The toilet handle has been broken for over a month and the landlord has made no effort to fix it. I feel intimidated by the type of people my flatmate brings home and I was told that she was a non-smoker. In fact she smokes marijuana with her friends while in the flat. The arrangement is altogether unfair - what can I do?
Answer
Most people who rent privately and don't share accommodation with their landlord are assured shorthold tenants. It sounds as if this is the case for you, but it's important to check your tenancy agreement, if you have one, as it will often say who is responsible for what. It may also outline what the arrangements are for your internet access. If your contract has details about bills and your access to the internet, then you and your landlord will be legally bound to these arrangements. If it says nothing about these things then the situation could be more complicated. This is because if there is an argument over what was agreed, there is often no proof of what the arrangements are.
If you do have to pay bills, you should only have to pay for services you've used - your landlord should not try and charge you what they like. You should ask your landlord to see copies of the bills. If you can't come to an agreement about this, we recommend you get legal advice if you want to take further action .
Your landlord has legal responsibility for keeping certain things in your property in good repair. This includes repairs to the toilet. The first step is to tell your landlord about the problem. It's best to do this in writing and to give your landlord a reasonable time to put things right. How long is reasonable will depend on the nature of the disrepair. For example, blocked drains should be fixed urgently. You must also give your landlord reasonable access to the property to carry out the repairs. Your landlord should give you 24 hours notice of their visit, and should come at a reasonable time.
If you're having problems getting things fixed, steps you can take include contacting the environmental health department at the council, or even taking your landlord to court. However, before you decide what to do, bear in mind that some tenants who take action to get repairs done may find themselves in danger of being evicted. Assured shorthold tenants can be evicted quite easily after their tenancy agreement expires. You'll need to think about whether your landlord might do this, and if you'd be able to find somewhere else to live if this happened.
If the problems with your flatmate are unbearable, you may want to think about finding another place to live. However, you must make sure that you end your tenancy properly. Otherwise you could end up owing rent even after you've moved out. If you'd like further help with this, or more information about how to take action, you can contact a local advice service.
Updated: 15/09/2008
Question answered by Shelter
