Housing Disrepair Pre-Action Protocol – need to reply in 20 days!!

Housing Disrepair Pre-Action Protocol – need to reply in 20 days!!

13:47 PM, 23rd January 2014, About 10 years ago 74

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Can anybody help me please?

My previous tenant has appointed a solicitor who has written to me claiming for numerous things. One issue is “Repairs”. The solicitor states that the tenant complains of the following defects at my property since the beginning of the tenancy in June 2011. These include:-

(1) The screws behind the toilet kept on coming loose and the landlord up to date has not changed them;

Comment: I’ve visited the property on two occasions and tightened the screws. I saw this as a maintenance issue that the tenant should be dealing with. Where do I stand?

(2) The door to the master bedroom does not close and when it does it gets stuck;

Comment: The latch on the master bedroom door was working ok for 21 months of the 2 year tenancy. Once again, I viewed this an a maintenance issue for the tenant to deal with as they caused the disrepair. Where do I stand?

(3) Two light fittings in the upstairs bedroom do not work;

Comment: These did not work prior to the tenants moving in and these were not requested to be repaired before the tenants moved in. I tried to purchase new fittings but could not find suitable replacements at a reasonable price. Where do I stand?

(4) Dampness in the bedrooms upstairs;

Comment: As a landlord with 15 years experience and having tested the areas concerned for dampness with a meter. I’m of the opinion that this is condensation caused by the manner in which the tenants lived.eg. not ventilating the property adequately and drying clothes close to electric storage heaters. Where do I stand?

(5) Electric meters downstairs is not covered;

Comment: This is fabrication. The electric meter is in a metal-clad cabinet secured by a child proof latch about 1.25m above floor. However beside it is a consumer unit and it is this the tenant may be referring to. Where do I stand?

For your information, my tenants vacated my property having damaged many of the roller blinds in the conservatory and kitchen area. Carpets throughout the property are filthy and need to be cleaned or disposed of. They have also left a huge bedroom wardrobe that is falling to pieces and needs to be dismantled and disposed of. The tenants have left large items of kids toys and carpeting in the garden.

Their solicitor expects me to compensate their clients. Is there anybody out there who can offer advice on how I should proceed. I understand I should reply within a 20 day period.

I would appreciate any assistance and advice available.

Many thanks

Garypreaction


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Comments

Joe Bloggs

9:40 AM, 24th January 2014, About 10 years ago

Reply to the comment left by "Yvette Newbury " at "23/01/2014 - 20:45":

they can claim for distress and loss of amenity 'suffered' during the TA

Joe Bloggs

9:49 AM, 24th January 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "24/01/2014 - 07:37":

as my previous posting on a recent thread, periodic inspections ideally monthly and certainly more frequently than 'I’ve visited the property on two occasions' in 2.5 years would probably have prevented this litigation! effective and timely maintenance is so vital.
the big issues here are the lighting and damp.
'As a landlord with 15 years experience and having tested the areas concerned for dampness with a meter.' testing with a damp meter will only tell you if it is damp or dry...NOT the cause.

Gary

12:13 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Richard Kent " at "23/01/2014 - 15:40":

Hi Richard
I haven't responded to the solicitor yet.

I've had a problem with these tenants because they vacated the property late August but refused to remove their furniture and personal items until just recently when I was granted an Accelerated Possesion order by a County Court Judge. They emailed almost two weeks ago informing me that they have left keys at the property, but some of their belongings still remain. A Bailiff will attend the property mid-February to give me full vacant possession. It is at this point, I'll need to change locks.

The tenant didn't write but told me verbally and texted. During email correspondence with the tenant I referred to the issues stating I believed he had a responsibility to maintain certain things. From the commencement of this tenancy, his wife acted as if she was renting a hotel room and believed everything that goes wrong is my responsibility. I'm afraid, up to now, I've been of the view that we share specific responsibilities, but minor maintenance issues should be dealt with by the tenants. Had I done everything, I don't think I'd have a problem as I have now, but it's a little late in the day.

When I write back to the solicitor, they'll have email evidence because I've been honest and upfront, but this hasn't helped the situation I find myself in.

Thanks for your contribution Richard

Gary

12:30 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "23/01/2014 - 15:57":

Hi ABABS
Letter reads
" we take the view that you are in breach of your repairing obligation under the tenacy agreement and under s. 11 of the Landlord & Tenant Act 1985, and have been negligent in carrying out repairs mentioned above. Please provide us with your proposals for compensation."

Re: 2 tenants. Please read my reply to Richard.

I wish I had dealt with minor issues, but I didn't. However, tenants wife was always very demanding, unreasonably in m y opinion.

I have already taken photos.

Thanks for taking your time to comment.

Gary

12:42 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Jeremy Smith" at "23/01/2014 - 16:05":

Hi Jeremy
Thanks for taking the time to comment.

In hindsight, I wish I had done all the little jobs. No excuse for not replacing or removing light fittings, therefore, agree with you. However, some members on this forum would say differently re: minor maintenance responsibilities of the tenant(s).

I have taken photos and will use them if necessary. I intend deducting an amountb from the deposit for damages plus rent arrears.

I had the tenants for two years. They paid their rent regularly. The husband was a nice chap but his wife..............not so. I do not believe they owed anyone any money except me!

As I mentioned earlier, the tenancy agreement was in both tenants names. The solicitor is acting for the wife who now attends college, therefore, no longer working (not 100% sure of this). Husband is a social worker probably earning a good salary. Legal aid??? Is this possible. If so, she has nothing to lose?

Regards

Gary

12:48 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Don Holmes" at "23/01/2014 - 17:10":

Hi Don
The same solicitor acted for the tenant earlier when I applied for an Accelerated Possesion Order. The tenant attempted to offer a defence, but the judge ruled in my favour.

Your experience must have been horrific for you, not just in financial terms but also time and stress. I do not want to go down this road.

I consider that I'm partly to blame for the situation and might have to eat "humble pie" but it does go against the grain.

Thanks for taking the time to respond to my dilemna.

Jeremy Smith

12:49 PM, 24th January 2014, About 10 years ago

Mark's post of 24/1/14 07:37:
"One of my objective is for my tenants to say “well my landlord is brilliant” whenever the subject of bad landlords comes up on the news or in conversations. There is so much negativity about landlords generally that my tenants are afraid to go to another landlord because they are worried they will never find one as good as me. That’s a sad indictment of the perception of landlords generally but does my business no harm whatsoever."

I couldn't agree more !

One example:
Even though the TA specifies the W/Machine is only provided as a good will gesture, when it went wrong I replaced it since I had another one going spare.
When they go away, I look after the dog !
I've offered to replace some worn carpets, but they have declined my offer, saying they'll only wear again, due to dog and now the little'un they have.

- You couldn't get a better landlord/tenant relationship than that, could you ?

Gary

12:58 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Jeremy Smith" at "24/01/2014 - 12:49":

Hi Jeremy
I agree too.

Additionally, my philosophy is to " treat people the way you like to be treated". However, the tenant's wife was a rather obnoxious person who I found quite difficult to relate to in the examples given.

Regards

Gary

13:09 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "John Daley" at "23/01/2014 - 17:13":

Hi John
Your comment regarding "departing tenants" gives me some comfort if your information is correct. Do other members who are knowledgeable about this issue agree with you?

As far as I'm concerned my tenants have no finacial oss or injury, but can they claim legitimately for anything else?

I believe I have 20 days to respond. The letter was received 15/1/14, therefore, I must do so by 4/2/14. I would be happy to respond with my defence and go to arbitration if necessary.

I fully agree with your comments re: next time!

Thanks for taking the time to respond.

Gary

13:12 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Michael Edwards" at "23/01/2014 - 17:21":

Hi Michael
I fully agree with your comments re: condition of property and forging good working relationships with my tenants.
Thank you again

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