Verbal contracts

[mattglynn]

I am currently renting a property from a letting agent acting on behalf of the landlord. The property has single glazed windows of very poor quality, and about one and a half months into the tenancy the landlord himself came round with a double glazing installation man and said that he was going to get double glazing put in for us. However, even though the installation man came round to measure the windows and said he would be installing them in mid-november, we have never heard anything since. Is the verbal promise given to use by the landlord binding, and if not, why not? If so, are we able to take legal action against him for failing to fulfil his promise. Thanks!

[Didwot]

As a matter of law a contract requires various steps. These are, a) offer b) acceptance c) valuable consideration d) intention to create legal obligations.
What you have described is a gratuitous promise, no more enforceable than if I said I would give you a birthday present. ie your landlord received nothing in return for making the promise.
As for verbal contracts, they are generally enforceable (with a few exceptions), and it is a matter of evidence as to wheter or not one can prove the existence of the contract, and what its terms were

[trilobite]

A further point seems to be that, from the information you have given, your moving in constituted 'acceptance of the condition of the property' including its single glazing.

I'm no expert in this, but unless something materially goes wrong with the property (say with the plumbing, heating or the rain started to pour in through the roof), I should imagine your landlord is under no obligation to remedy it. I don't suppose you made replacement of the windows a condition of you taking up the tenancy?

To be honest, your landlord seems to have been quite reasonable in getting the double glazing man round, (I presume), for a quote. (I would guess he was acting in response to your complaint about the existing windows?)

What's probably happened is that he's re-assessing the situation after receiving the quote and has realised how much it's going to cost !!  He may have deferred the work for a short while, or it might even be a case that tradesmen have let him down or that no-one can commence the work until later. (You know what builders are like  "oooh, (sucks air in between teeth), not this side of Christmas, mate")

The fact he's got as far as the quote shows some sort of goodwill by your landlord - don't wreck it by threatening to sue him. You don't really have a leg to stand on - his offering to fix the windows does not constitute a verbal contract since he appears to be under no obligation to replace the windows.

Best thing would be to try and keep the dialogue going - he may come up with the goods !!

Best of luck.

[BenDToy]

And I would make the point that you were already installed as a tenant before d/g was mentioned. Unless your decision to rent was based on having it installed, then you can hardly have cause to complain. Certainly no legal case to consider.