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My new flat is damaged and filthy! How can I get my landlord to fix the problems?

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Isr the landlord required to fix these problems and what is the best way to approach the issue? EW

Nasty surprise: Many renters are dismayed to find problems in their new home

Andrew Davidson, a landlord and tenant solicitor on the Contact Law solicitor network, says: Landlords are obliged to ensure that there are no issues with the structure, exterior, electrical, heating, hot water or sanitary conditions.

Unless otherwise stated in your lease, as the tenant you are responsible for minor non-essential repairs and cosmetic issues. You also have an obligation to keep the property in good repair, not counting ordinary wear-and-tear.

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In your case, to begin with you should make a list of the defects to the property and decide which ones you think come under the landlord’s obligations. This is somewhat subjective, but as a general rule, if something is dangerous or unhealthy then the landlord will have to fix it.

Ideally, take pictures of the defects and send them along with the list to your landlord, politely requesting they be dealt with. At the very least, taking photos of the issues at the beginning of the tenancy puts you in a strong position, should there be any deposit disagreements at the end of your contract.

If your landlord does not respond then you may want to carry out the repairs yourself and deduct the cost from your rent. If you do this, you must notify the landlord of your intentions and give them every opportunity to resolve the matter themselves.

Keep them informed of any quotes you obtain and ask them to refund the cost to you before you start making deductions. Be aware that the law is very clear that you do not have a right to withhold rent, even if the landlord is not meeting their obligations and you can be evicted if you do so.

Even if you cannot get your landlord to agree to the repairs (or maybe even to simply respond), then taking photos of the issues at the beginning of the tenancy puts you in a strong position should there be any deposit disagreements at the end of your contract.

As a final resort, you may ask a court to order your landlord to make repairs.

Jim Lougheed, of the Residential Landlords’ Association, adds: When a prospective tenant views a property he/she signs the tenancy agreement and agrees to take up residence in the property 'as seen'.

If it was possibly to turn the clock back before you moved in,  you should have either insisted on these repairs being remedied before moving in or sought a written undertaking from the letting agent and/or landlord that they would be dealt within a certain timescale after moving in. Fourteen days would be reasonable for such repairs.

However, this landlord cannot ignore his responsibilities, he is obliged to provide a safe, healthy and decent standard of accommodation for his tenant. He is clearly failing to do that.

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