I'm a tenant getting a screwed by landlady for a replacement sink. Where can I get help? (Leeds, UK)

[dillinger88]

Hey all,

Bit of a random place to post this but I've done a search for "advice for tenants" and all it gives me are results for "advice for landlords" which kind of sucks. I'm posting here in the hope that either someone has some advice or can point me in the direction of someone who can.

I've lived in this place for over a year with my girlfriend and since we moved in there has been a very large crack in our porcelain bathroom sink, we noticed it straight away and checked the inventory and it was stated clearly there too. "Large star-shaped crack in the bathroom sink".

A few months ago, I knocked my electric razor from the edge of the sink (about 10-15cm max?), it landed on the large star-shaped crack in the sink and a large piece of the porcelain broke. Looking at the edges of the hole, where the cracks were, you can clearly see browning from water damage at least 50% of the way through the porcelain highlighting the fact that the sink was clearly very weak.

Only one side of the hole didn't have water damage and this was the fresh crack created when my razor fell on it.

We reported it and have been without a usable sink for the last few months. I finally got an email through from my landlady's representatives today. It states that a plumber took a look at the basin and said that "even if it was cracked, it could only be caused by a very heavy object or hammer." So they're going to take it out of my deposit.

Now, I know this is bullshit 'cause I saw it happen. I have a feeling the plumber is basically saying this as they're friends and she employs him all the time. Where do you guys think I stand on this? Do I have reason to object?

They said I can dispute it when I come to claim my deposit back which is like 10 months away because we only just renewed our contract. Any ideas how I can get this sorted ASAP?

I'm raging so hard I kind of needed to get this off my chest, so thanks for listening .

 

[Batou667]

Try googling "problem landlords", that might get better results.

Does your landlady hold the deposit, or has it been held by a third party deposit protection scheme? If the former, you're probably screwed, which is exactly why deposit protection schemes exist. If you ARE in such a scheme (check your documents) then hopefully you can dispute the decision. Perhaps try contacting them directly, cite the original large crack as acknowledged in the inventory and also the clear signs of water damage to the crack. If you haven't yet taken a photo of the chipped sink, do it now! Also, for the sake of being prepared, weigh your electric razor. If they claim "it must have been a very heavy object" you can say "no, actually the object was xxx grams, which I feel proves it was only a matter of time before the sink would have broken through reasonable wear and tear".

Other avenues you could try are your local Citizens Advice Bureau - you might need to book an appointment in advance rather than just rocking up, but you should get free advice there. Your local council might also have some advice.

As I'm sure you're aware, the b*tch is trying to avoid paying for a sink. Check your contract, but I'm pretty sure you don't have to pay for breakages that are the result of reasonable wear and tear and everyday use, you're only liable for improper use or deliberate damage.

At any rate, what's clear is that in the interim she's responsible for ensuring you have a usable sink. Who's going to pay is a discussion that can wait, provision of basic sanitation facilities can't wait - I'm pretty sure she'll be breaching your tenancy agreement if she withholds getting a new sink installed as a bargaining chip.

In summary: I hope that you're part of a deposit protection scheme, go through your contract and tenancy agreement with a fine-toothed comb, and talk to your CAB. In the big scheme of things tenants generally have better rights than landlords, so hopefully your old lady will crumble in the face of a bit of organised resistance.

Good luck dude!

 

[dillinger88]

Batou667,

Thank you for your response. We have our deposit in a protection scheme. I'm just a little worried that they may favour the landlord over me, though I'm probably just being paranoid.

When I get home this afternoon I'm going to take photos of the sink and a close up of the water damage on all the cracks. I'm going to put it all in a report and send it to her representatives. Weighing the razor is a good shout, though.

I'll double check the tenancy agreement too.

I'm not wanting to be aggressive about it, even though I felt the email I recieved was somewhat in that vain. But I think a straight up, well-organised report should put her in her place. I'll request that she take a look at my report and if she still complains I'll contact the CAB.

I'm actually a Mech Eng PhD student, working on modelling fractures, so I raged hard when a plumber was trying to tell me how the crack occurred. Haha.

Anyway thanks again, dude. Let's hope it works out for the best.

 

[Ziadaine_v1legacy]

Have your own plumber hired to have a look at it, because this does reak of a unfair landlord preying upon young renters to me. My advice is to NEVER use a repairman that has connections to the landlord because 80% of the time, they'll side with that landlord over you just because they're friends, it's a dick move and sadly too many real estate agents are too retarded to see otherwise.

 

[number2301]

CAB is a good bet, also look up the landlord and tenant act for the relevant legislation.

Also, student, Hyde Park? Headingley? I'm not too far away from you in Cross Gates, just the other side of Leeds.

 

[dillinger88]

My personal assessment of the damage has been written up and sent off. Hopefully she'll back down now.

I don't really want to pay to get an independent plumber out. I'm hoping I can just tear apart the contractors claims with logic, reason and knowledge in mechanics of materials. No offence to the guy, but I don't think trumps me in that area because he installs sinks.

number 2301, I'm in the Headingley area. Technically a student but post-graduate. Yay for finding people on the internet from your own city! Haha.

 

[OneCatch]

Now, I know this is bullshit 'cause I saw it happen. I have a feeling the plumber is basically saying this as they're friends and she employs him all the time. Where do you guys think I stand on this? Do I have reason to object?

They said I can dispute it when I come to claim my deposit back which is like 10 months away because we only just renewed our contract. Any ideas how I can get this sorted ASAP?

In the past I've just stopped paying rent until problems are fixed and it's always worked.
If you don't want to be that aggressive (or have paid up front), I'm sure that there is some kind of government organisation that covers this kind of thing (can't remember who, sorry). A threat of a complaint (or a real one) to them should sort it out.


As far as I'm aware, even if you're found to be responsible for breaking the sink, the landlady is still responsible for replacing it within a reasonable timeframe (you said that your contract specifically mentions a sink after all - if you don't have one that's a breach of contract on her end). It quite possibly also breaks sanitation laws if you don't have another sink - there are very strict regulations on that kind of thing. There's no way you have to wait until contract renewal.
And I doubt that you are liable for breaking it if it was waterdamaged before anyway.

I'd book an appointment with your local Citizens Advice Bureau [http://www.citizensadvice.org.uk/], they're usually really good for this kind of thing, and are free and impartial (they're a charity).
You could also look at this link [http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/index.htm] at the government website. It seems to cover everything about renting disputes.

EDIT: If the landlady refuses to return your deposit you could just not pay your last months rent to make up the amount. Just leave a bogus forwarding address and they'll never be able to collect the 'debt'. END EDIT

EDIT EDIT: If you're in student accommodation look at this [http://www.direct.gov.uk/en/EducationAndLearning/UniversityAndHigherEducation/StudentHousing/DG_064419]. END EDIT EDIT

Hope this helps - I really hate shitty landlords!