Draughty Windows – Landlord SOS

Draughty Windows – Landlord SOS

16:00 PM, 15th February 2013, About 12 years ago 54

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Draughty Windows - Landlord SOSMy tenant has complained about draughty windows and vents. I put draught seal on the windows but there wasn’t anything I could do about the vents as they are there to prevent damp etc.

My tenant has now got back to the letting agent informing them that the windows are still draughty and that she is holding back the rent.

I have checked the energy performance certificate and it states the windows are efficient, giving an over all grade C for energy efficiency for the property.

My letting agent has now informed me that even though the windows are suitable on the EPC there is no detail if the fixtures and fittings which the double glazing windows come under and that the tenant is within her rights not to pay.

This is the second winter my tenant has been in the property.

I had no complaints from her last year about the house being cold.

The tenant has stated she spends £10 per day on heating but pays a meter so there is no proof.

We both arranged for an energy efficiency care company to come into the flat and give her advise on saving energy and to make any insulations necessary.

The tenant was sent a letter to organise a visit from them but she has not contacted them.

Can you please advise, I have had problems with tenants not paying rent before (due to money issues) and its a nightmare.

Many thanks

Leigh


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Richard Baker

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14:12 PM, 2nd March 2013, About 12 years ago

Serve a section 21 on your tenant, and at the same time call the tenant's bluff by contacting the environmental health department of the local authority and asking them to visit the property. Accompany them when they do. If the tenant is being unreasonable, EH will support you and will give you something in writing saying the property is in a lettable condition. If however there are problems with the windows, or indeed other issues at the property, you may find this approach backfires. A good landlord should have nothing to fear from an EH inspection.

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23:18 PM, 12th March 2013, About 12 years ago

I have changed letting agents and did not have to give notice due to their neglect of duty of care. The draught problem was the vent in the livingroom which I was able to seal, this was advised by an energy efficiency company and the council. Thanks everyone for your advice....

Industry Observer

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7:45 AM, 13th March 2013, About 12 years ago

Leigh

Glad you got a result.

My final comment, and warning, would be never, ever invite the EHO into your property as no matter why you do so, in just the same way as if (as usually) a tenant invites them in, you will end up with a full HHSRS assessment. What started as a bit of draughtproof strip or dealing with a ent can end up as replacement windows, to use this example.

I would agree with Robert in this case but only because it is blindingly obvious it is a try on, you have done everything you could, and in the end it is a simple solution as far as the vent is concerned. But had the EHO visited you would have had a full HHSRS assessment and heaven knows what follows in respect of all sorts of remedial work, especially in an older property.

The tenant would trail round and be muttering in the EHO's ear about the heating not being very efficient, bare carpets, damp in one room etc etc. I have seen this countless times where had a Landlord only spent £300 or £400 to solve a genuine problem raised by the tenant, they end up spending a couple of thousand on all sorts of works.

In general my advice would be do not go there. You may think it not much fun having the taxman and his bosom buddy ythe Vatman in your lives, or planners or building control.

Trust me they can be as nothing compared with letting an EHO loose in your property.

Well done on toughing it out and getting a result. Good you changed agents too - any Landlord reading this always start with the contract and point out where they are in breach of their Duty to you and ideally bodies you can complain to. If they don't belong to anything (most useless agents don't) then start with threats of TSO and OFT referrals.

If there is no contract SIGNED BY YOU how can they demand any form of notice? or fee from you

A Tenant

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19:45 PM, 13th November 2015, About 9 years ago

Reply to the comment left by "Industry Observer " at "16/02/2013 - 10:32":

Sorry I saw this post, and thought " YOU ARE ALL THE SAME" DON'T like spending money on a property..... Evict the ppl in the property and get new ones!!!!. You landlord's love that eviction notice....

I tell you my story, then you landlord's can give me advise on what to do.

We got an up stairs flat, we do not have a EPC(don't know we should have one) landlord didn't give us rent agreement till 3 months ago, even thought we asked every month, as we pay rent by cash as landlord will not give us direct debit details. Have complained about the windows now for two years from the first time we moved in!!! Some have no handles, some have no locks the wind goes through the windows and we have condensation in the middle of the glass and really bad damp in bedroom window, can not reach kitchen window with out a stick, witch makes it interesting when closing it. And to finish it off the front door is wood and single pain and let's in draft.

Their is only 5 windows and 1 door!!!!

We find out off our landlord that the windows were second handwhen he got them and have been in for 20/25years. But will not fix them as that would mean fixing the down stairs flat as that is his two!!!!

Oh and don't get me started on the heating witch I have complained about since we moved in so if that goes this winter again it's going to be rather cold....

So my question is to you..... What as a tenant is my rights... where do I stand.... and who do I go to????

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