Tenancy Problems/Landlord breach of contract?

Hello

So basically before we (me and 4 friends) agreed to the contract we asked the landlord and letting agency to write in the contract that they promise to install a new shower before we moved in. They agreed to this and added it to the contract and on that basis we agreed to pay the rent and sign the contract.

After the summer holidays we moved in (September 2015) and there was no sign of the promised new shower (it is worth mentioning we asked for a new shower because the current one was 10 years old and very grotty). So I sent our landlord and letting agency an email saying why hadn't the promised shower been installed? Emails were exchanged for a few months until Christmas. I gave them many chances and reminders to install the shower and to be fair the landlord had a plumber in once or twice however the plumber said the old shower worked fine and it would be expensive to replace the shower (we think our landlord just didn’t want to pay for a new shower but that’s just our opinion). The landlord also said that the current shower had never leaked and that getting a new shower might spark a leak. After the Christmas holidays we returned to find that there was still no shower. In an attempt to make the current shower look nicer he had fitted a light above the shower to make it look more 'sparkly’. But a new shower was still not there.

QUESTIONS I HAVE:

My question is has he breached the contract by not providing a new shower unit as written in the contract?

And because he hasn't delivered this promise do we have the right to get some money back at the end of the tenancy (after all we have been paying for a shower we never got)?

Final question, can he deduct any of our deposit at the end of the tenancy if he has breached the contract himself? (the house isn't damaged so I don't think that he would anyway)

Thanks for your time.
Dan

Reply 1

Reue

Original post by 123danh

My question is has he breached the contract by not providing a new shower unit as written in the contract?

Yes

Original post by 123danh

And because he hasn't delivered this promise do we have the right to get some money back at the end of the tenancy (after all we have been paying for a shower we never got)?

Your only right is to take the matter to court and let them decide what you're entitled to.

Original post by 123danh

Final question, can he deduct any of our deposit at the end of the tenancy if he has breached the contract himself? (the house isn't damaged so I don't think that he would anyway)

Yes. a breach in tenancy agreement does not make the whole agreement null and void.

(edited 7 years ago)

Reply 2

999tigger

Original post by 123danh

My question is has he breached the contract by not providing a new shower unit as written in the contract?

Yes, but you should read your tenancy agreement or get someone else to. hard to comment without having sight of the agreement

Original post by 123danh

And because he hasn't delivered this promise do we have the right to get some money back at the end of the tenancy (after all we have been paying for a shower we never got)?

Yes, but it will mean taking him to court, which has obvious implications. You could leave it till after. You will need evidence.

Original post by 123danh

Final question, can he deduct any of our deposit at the end of the tenancy if he has breached the contract himself? (the house isn't damaged so I don't think that he would anyway)

He can find ways to try and deduct money from your deposit for other reasons, but you can dispute that

Reply 3

HFBS

Now your mileage may vary, but previously as a tenant when my landlord didn't comply with the terms agreed, I threatened to withhold rent to cover the cost. I would suggest that you write to your landlord, keeping a record, so email may be best. Say that the group of you will be having a new shower installed on x date, and you will take the payment out of the rent money for that month. Then it's in his hands. He can get it done like he promised, or you can get it done by a workman of your choice at your convenience.

Reply 4

Davide_online

Could you have a friendly conversation, in person, with the landlord or agent in order to find out how he.she perceives the situation and whether there is room for compromise?

Is the shower working OK?

Reply 5

999tigger

If you read the OP then they say they already have.

OP you can try the witholding rent strategy, but you may not get the reaction you wish. If you do this then open a bank account and pay the rent into that, so it is clearly identifiable. You have to decide on the determination of you and your housemates and the reaction of your LL.

Reply 6

Davide_online

In my experience not enough people try to communicate in person rather than by email. There is a time for talking and, if that is past, there is a time for written communication. It takes confidence though.