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Landlord refuses to fix things

Question

Hello dear all,

We have this 2 bedroom flat for 900 Euros on a 1 year lease. The room heater in one of the bedrooms had a very old knob to turn the heat on and off. The rest of the house has normal, functioning knobs on heaters. Around 6 weeks ago we had guests who stayed in our second bedroom so my husband tried to rotate the old style knob, in doing so it broke.

He is a good handyman but despite his efforts and experience, he couldn't fix it. We informed our landlord about the same. Unfortunately the knob was not fully turned off when it broke so the heat was on the whole time (how costly!).

The landlord who wants to sell this house came around 4 weeks after we informed her, actually to take pictures of this house because she wants to sell it. She brought in a handyman to look at this problem. He inspected it and said that this problem gets fixed by closing the central heating of the building and then working on the heater. This response annoys our landlord who declares it is too much work and she leaves.

We try to contact our building upkeep guys (a company called Sodeximo is handling this) to fix it since the landlord refused to. Sodeximo guys told us that they had a conversation with our landlord and that this has to be fixed between us and the landlord and that they cant help it.

What can we do now? Our landlord simply refuses to fix the knob of this heater which is constantly 'on' costing us a lot in heating charges (now 6 weeks plus). She refuses to let Sodeximo fix it for us.

In 3 months our contract will end. If the heater is still broken then, the landlord can charge us to fix it along with other costs. We don't mind paying for it (after all my husband did break it) but we would like to do it well within our contract also because the heating bill will be enormous if this doesn't get fixed.

What is our legal or otherwise recourse here? What should our next step be? Can a landlord refuse to get something like this fixed? She isn't even talking costs or anything with us, she just refuses to have it fixed.

Please help me everyone. I want to do the right thing, it can involve us paying for what's broken, no issues but I'd like to return this apartment in the same condition as it was given to us. Thank you.

becasse

This is Belgium. Here, things like that are the tenant's responsibility. If you don't fix it, you are correct in assuming that the landlord will charge you the cost of doing so - and, quite possibly, rent for the period of time that the flat remains "unletable" as a result of the time taken to fix the problem.

I trust that you have given the requisite three calendar months notice (unless something contrary is stated in the contract) to determine the rental contract at the end of the first rental year. Term contracts don't determine here unless notice is given, if it isn't they just roll-over, quite possibly into (the second year of) a nine-year contract.

Feb 28, 2016 16:50
marshmellove

Hi, thank you for your response. I would love to get this fixed. Can you please tell me whom can we hire to fix stuff like a broken knob of a heater? My husband is Dutch but we live in French speaking area, so that's a trouble sometimes. I have no issues to pay for what we have broken, but I just want to know whom to pay to get it fixed (and well before out contract ends so we can return this flat in the same condition as we got it).

Our contract ends on May 31. It was only a one year contract clearly stating the duration. Do we still have to give a 3 months notice to our landlord? Is this notice given by email or post? What is that post called (I mean when we go to the post office, what should we say)?

Thank you very much again.

Feb 28, 2016 17:01
kasseistamper

Double check what your contract specifies.
If it is a fixed one year contract you should not have to give notice but check to be certain.
As to who can carry out the repairs, ask a neighbour or a colleague or look in the Yellow Pages but, for sure, get it done yourselves or you will end up paying through the nose.
In the meantime it must be possible to cut off the supply to the heater. Even if you cannot disconnect the wiring, you can surely trip the fuse.

Feb 28, 2016 18:06
marshmellove

@Kasseistamper, thank you. I checked the contract - it is stated very clearly that our contract ends June 1, 2016.

Our neighbours are young college students who have also moved in not too long ago, the others in the building don't speak English or Dutch (or barely). That's why I doubt they'd know how to help us, but will still give it a try tomorrow.

My neighbours will most likely direct us to the building upkeep guys (the Sodeximo people), and as I mentioned before - Sodeximo said they spoke to our landlord and then said that this needs to be solved between us and the landlord. Simultaneously, our landlord refuses to get it fixed. :(

Feb 28, 2016 18:18
marshmellove

Hi again, my husband just told me that he did ask an outside heating repair person to fix this issue but that person that the building's central heating needs to be turned off, which is something only Sodeximo can do.

So now we are stuck in a loop, heating repair guys says Sodeximo needs to run off central heating < Sodeximo says we need to solve it with our landlord < landlord refuses to fix it or let us fix it.

Feb 28, 2016 18:31
Mikek1300gt

Continue to get the radiator to shut off until something breaks and there is a flood. Claim on insurance.

Feb 28, 2016 21:02
J

> In 3 months our contract will end.

IF YOU HAVE ALREADY GIVEN NOTICE.

And yes, you broke it, you fix it.

Feb 29, 2016 00:06
marshmellove

It is stated explicitly in our contract that the duration is 1 year from x date to y date.

As I have mentioned before, we would LOVE to fix it, pay for it! But the fixing requires our landlord allowing our building upkeep guy to close the central heating so that any repairs can take place.

Since the landlord is withholding consent essential for this repair, can you tell us what we can do?

Feb 29, 2016 07:07
CC_R

The best you can do is send a registered letter to the landlord saying you will put the rent into a separate account until they fix this. Then open an account and stop paying the rent. If they don't get the money it may help, but I imagine it won't. It also proves you were trying to fix the issue and what ever you do employ an expert for your leaving survey because it's goi g to worth it.

Feb 29, 2016 10:01
marshmellove

Hi, I think it might be a bit illegal to not pay the rent... or not?

As for the registered post, when I go to the post office what should I ask to send? I'm asking for the French/ Dutch word for it if anyone knows.

I thought that when we are leaving, the same guy who created the inventory when we moved in will be there... or not?

Feb 29, 2016 17:52

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