Broken shower surround and disabled tenant unable to use bath

Reply to the comment left by "All BankersAreBarstewards Smith" at "22/05/2014 - 14:12":

I have managed to hire a brand new lifting device, luckily there is one available for use immediately. I wasn't going to buy one, that is madness.

I do have another contractor coming to quote who I'm hoping can do the work much sooner.

Regards the work there is no point in patching the job, it needs to be fixed properly or it will recur and damage the property further. There are contractors who can patch it, but this is major work not just a little bit of fixing and those contractors cannot repair the entire problem.

If this contractor doesn't come good, I will ask on the forum, thanks

Reply to the comment left by "All BankersAreBarstewards Smith" at "22/05/2014 - 11:59":

I couldn't agree more......

Doh. How silly is this ??? Tiles crack and wallpaper peels. It's called wear and tear but some landlords seem to expect their property to stay in the same condition forever.

I'd be furious with you if I were your tenant Rachel. You need to wake up, treat this seriously & use some initiative. There are thousands of people out there that will call out today if you offer to pay enough. Forget the "quotes and paperwork" - this is an emergency.

Pay whatever it costs - even if the insurance will only pay part, IT'S ALL TOTALLY TAX DEDUCTIBLE ........

Get it sorted now...

this is not a simple tile crack issue it's much more, perhaps i was too short on details r01 you must have a limitless pot of money to fix things in your property. But that's not why i was asking for advice it was what is reasonable provision.

I believe that reasonable provision has now been made.

Btw the damage is very very extensive and has not appeared over time and yes routine wear and tear maintenance is needed on properties to keep them in good condition. Wear and tear doesn't bother me I account for this and include this cost as part of being a landlord, this wear and tear is routine work and to be expected and yes it certainly is tax deductible. If it were small cracks and peeling wallpaper the bill would not be so sizeable. We are talking thousands not hundreds of pounds.

thank you to everyone for your input, I have contacted the LA for more contractor details and am chasing to get this sorted asap.

If you plan to make a claim against your tenant in the future for these substantial costs now is the time to prepare a statement which you can ask your contractors to sign to give a statement that the damage ...... (describe it) ..... is as a result of sustained damp ingress because ........... (give reasons ).

Did your agent do inspections on your behalf and when was the last one ? If he has not done one what does your management agreement say about the frequency of inspections if anything.

Your tenant is obligated by law to "act in a tenant like manner" and whilst this is not defined in law, surely it includes the reporting of damage or leaks to the agent or yourself in a timely manner. I suspect that in any court case, or adjudication the tenant would have to prove that they reported it to you.

What does your AST say about reporting repairs ?

Reply to the comment left by "All BankersAreBarstewards Smith" at "22/05/2014 - 16:52":

Yes my agent does inspections every three months and this is where it was just picked up.

and yes the AST states they the tenant have to notify of faults immediately (I forget the exact wording, but do have this). The agent has raised this lack of notification detail already, information and evidence is being collated already.

Good call on getting the contractor to specify their findings, I will include this. However my main concern right now is to get it fixed and resolve this headache!

Every one seems to be having a go at the landlord. When I first read the query I wondered why the tenant had not reported the damage/leak. Tenant also said she was disabled and couldn't use the bath after and only after being unable to use the shower. The tenant DOES have a responsibility to report the damage, however it was caused - especially since it is causing further damage in lower rooms. The damagewas picked up on agents 3 monthly inspection. My queries are - why can tenant not use the bath with a chair lift supplied as a temporary measure. Why did she not report the damage and leak? Landlord appears to have given a lot more than required to placate the tenant who, has suddenly started making accusations of discrimination. Whilst I have sympathy for the tenant not being able to use the shower alternative facilities have been offered and contractors have been arranged, even though they say they will do the work in weeks rather than days. I suspect that the damage is a bit more than just re-grouting the tiles and replacing the shower screen. Personally I would not be renewing the tenancy because the tenant failed to report the damage and major water leak. I bend over backwards to help good tenants but always get wary when people start talking about equality and discrimination.

Reply to the comment left by "Roy B" at "22/05/2014 - 20:46":

Thank you for your support Roy B. It hasn't been easy at all and yes I am considering what you suggest already in terms of tenancy.

Yes it is very off putting when I have done everything possible to resolve this, and like you say, I also go out of my way for good tenants and refuse to let a property that is anything but in good working order (and safety checked and clean). I have always believed if you rent a property out that looks good from the outset there is the hope that the tenants will appreciate that and look after the property.

I know that doesn't always work, but using an agent to assist in vetting prospective tenants reduces the risks of getting a bad tenant.

I only just mentioned in my comment to another article on here how property maintenance issues caused by bad and unavailable contractors is the major issue for landlords that no one is talking about, and given that most landlords are very small landlords I reckon that this accounts for a large proportion of PRS properties being deemed as failing to meet required standards. According to Property Reporter magazine, 58% of UK homeowners have trouble sourcing reliable tradesmen, resulting in a large proportion of repairs either not being done or not done effectively.
I very recently experienced a similar maintenance issue to Rachel - my tenant had learned of leaks coming from his bathroom to the flat below. It turned out to be two leaking pipes and the seal around the bath (it's a bath with shower over - that's the only bath and shower in the property) being broken. After being messed around by the buildings insurance broker who led me to believe the actual repair to the leak would be covered, and sourcing me a very expensive plumber, I was forced to cancel this plumber at the eleventh hour on learning insurance wouldn't cover - I was very fortunate enough to be able to get someone from Plumber Now who came out that evening. Over the course of two evenings, the leaks were mended, the bath resealed and the hot tap on the bath (unrelated to the leak) replaced - all for £99! Having said this, this was only last week and I haven't seen the work for myself yet, but my tenant isn't aware of any issues with the work. However, I am aware that Rachel's maintenance issue is more complicated, and as others have said, it also sounds like she doesn't exactly have a great tenant...

My advice is to give this tenant a section 21 notice immediately and get rid of them asap. From my experience, this type of tenant will start to run you ragged now that they think they have got the upper hand and that you have a vulnerability. You have tried to be reasonable but it strikes me that the tenant is not being, so get rid as quickly as you can, but, for sure you will now have a problem in doing so but whatever it takes do it. A small cost now will be well worth the potential stress that this tenant will cause you in the long run.

Devon Landlord.

If she issues as Section 21 now this will for sure be seen as retaliatory eviction, and given the disability issues (a VERY powerful trump card in court) inherent here, I would suspect this tenant would go to a local Law Centre for advice and try to challenge the S21 to extend her tenancy. Before issuing any notice, I suggest you a) get this repair done and dusted, b) be as nice as you possibly can to this tenant, c) take your paperwork to a local solicitor for a read-through to ensure that you can actually issue a Section 21 notice which will be legal and successful ..... "Superstrike" court ruling has left us all a bit anxious about our ability to get rid of tenants.

I am paying a local solicitor £100 at the moment for him to read my docs to ensure a safe passage through a Possession order to come.