Hi, my landlord has not done some repairs despite me complaining since 2005. The damage is now worse. I have two questions.
Can I legally:
1) Withhold rent payments until the repairs are fixed.
2) Make the repairs myself and take the landlord/agency to court to recover costs?
In January 2005 the garden fence was damaged in bad weather. I phoned the agency several times telling them it needed fixing. I also complained during each periodic visit they make of the property and the lady from the agency wrote down my complaint during each visit. Absolutely nothing was done.
Then in January 2007 the fence completely fell down in bad weather. I phoned the agency to inform them and they sent someone to evaluate the cost. He stated that the whole fence needed fixing. Again nothing was done. I contacted the agency after several weeks and they sent another person to evaluate and again he said the fence needed total replacing. Nothing was done. I complained yet again during each house inspection and again the complaints were written down and still the fence has not been replaced.
I finally wrote a letter at the weekend stating that I would be witholding the rent or alternatively paying for the fence myself and recovering the costs from them.
The agency left a message on my phone this morning stating that I could not legally withold rent and that fixing the fence myself will be a waste of money.
There is no argument that it is the landlords responsibility to repair the fence but he just hasn't done it.