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

All BankersAreBarstewards Smith

15:19 PM, 24th January 2014, About 10 years ago

Like Yvette your last post really complicates things. Were their goods damaged by the sewage influx inside the property ? If they were, then you really cannot expect them to accept the difficulties of being made unexpectedly homeless and also to have to remove sewage soaked stuff, particularly if it was not their fault that the sewage got inside the property. As Yvette says have you involved your insurers on the sewage/flood issues ?

This could get very expensive and very confrontational and getting advise from us (most well intentioned, but not legally qualified,) landlords here on 118 will not necessarily get you legally sound advice. My best advice would be that you join the RLA residential landlords association immediately and talk to them. The cost is round about £100 a year, but you can call them whenever you want on their legal helpline and they can provide legal ways forward, at a fraction of the cost that you would incur if you employed a solicitor. Membership also gives you a lot of other benefits - reduction in house insurance premiums etc and a lot of free documentation etc. plus keeping up with the latest legislation affecting landlords. i dont work for them btw - just think they are a great organisation.

Gary

16:19 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Yvette Newbury " at "24/01/2014 - 15:00":

Hi Yvette
Yes, the situation I've found myself in is very complex, hence, my attempt to compartmentalise and deal with one issue at a time like "repairs". However, you were quite intuitive to question the reasons for my tenants for vacating. I felt I had to share the bigger picture with you.

My TA states that if the property becomes inhabitable there rent should be refunded. There does not appear to be any obligation to re-house. The tenants first reported this issue in early July when I was on holiday abroad. I have a friend who manages my property whilst I'm abroad. He visited the property and arranged various contractors to find the source of the flood to no avail. The tenant initially didn't know where the source of the water was coming from. They reported water coming down the walls! This wasn't the case. The water quickly disappeared. Further flooding of rainwater occurred when there was a deluge of rain, especially early August. At was at this time, the Freeholder's maintenance and drainage contractors became involved but could not find the source.

On the 24 August, after very heavy rain, the rainwater and sewerage channels floooded most of the area downstairs. The tenants were still living in the property, but could not do so after this. They moved out into the bedsits on 26 August and remained until early October. The tenants are demanding I repay rent (£850 pcm) for the months of June, July and August. They claim the initial flood was 29 June 13. I first heard about it on 7 July. I have offered to repay their rent from 26th August when the family actually moved out.

Although, I have buildings insurance for the property, I do not have landlords insurance for such an occassion. The tenants did not insure their property either.

I believe the tenants should be paying me rent for the time they lived in both bedsits and the time after when they stored their furniture, washed some clothes etc. What is your view?

As I believe the Freeholder has been negligent in this case by failing to protect and prevent rainwater gullys to be blocked, I have made a claim on their Public Liability insurance. If successful, I intend claiming for all my losses. The flooding of my property was no fault of the tenants or myself, but of ther Freeholder. What is your view?

I did not put anything in writing regarding the temporary accommodation and length of stay.

I'm not sure of their solicitors motives either. I issued them with the correct Section 21 notice.

Thanks for your comment here Yvette.

Gary

16:29 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "24/01/2014 - 15:19":

Hi ABABS
Your correct. This situation is vey, very complex as far as I'm concerned. I've tried to sort out one issue at a time and am very grateful to the tremendous response, comment and advice from members on this site including yourself. Thank you all.

Your suggestion of joining the RLA is one that I have never considered but will now. I'll take a look at their website whilst in the process. I'd be interested to read if other contributors have joined the RLA and have the same positive comments to make.

ABABS, thank you once again for trying to assist.
Regards

Yvette Newbury

19:42 PM, 24th January 2014, About 10 years ago

Take a look also at the National Landlord's Association (NLA) at http://www.landlords.org.uk. They have a free advice line which I've never used, but it's great to know it is there and many people have commented that they have been very helpful and saved them legal fees. They send a bi-monthly magazine too which is worth reading. Membership gives you discounts when securing tenant's deposits using the NLA tenancy deposit scheme mydeposits, as well as discounts at other landlord suppliers.

Mark Alexander - Founder of Property118

19:55 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Yvette Newbury " at "24/01/2014 - 19:42":

Shame they won't support landlords by supporting our campaigns against tracker rate hikes though isn't it?

They have lost a lot of members over this and a lot more will not renew next year.

It's a real shame because we have always been so supportive of them in the past but based on recent experiences I can't help but think they've lost their way and are now just a political front for the my|deposits scheme.

I would dearly love for them to prove me wrong because we need Landlords Associations and NLA are one of the best equipped, well at least in theory they are!
.
.

All BankersAreBarstewards Smith

20:06 PM, 24th January 2014, About 10 years ago

At one time i was on one of the NLA local committees, and was a paid-up member for 10 years. I resigned last year. i see them as way too paternalistic, and they have become a selling machine. Someone on their advice line once told me to "go to CAB" - what exactly did she think i paid an annual subscription for ? I met the guy who runs RLA and was seriously impressed with his legal knowledge.

Gary - you can handle this dispute yourself, once you are in receipt of correct information about your legal position. The 20 day deadline is to frighten you - if you respond in 25/30 days the earth wll not swallow you up !!

The whole "i will take you to court" is a brinkmanship game. I have realised after dealing with several Legal Execs./Solicitors over the years, that the least amount of information you put in your reply to their letters, the less ammunition they have to twist and hurl back at you.

Yvette Newbury

20:47 PM, 24th January 2014, About 10 years ago

Thank you for that info. I may have to rethink my subscription!

Gary

20:54 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "24/01/2014 - 20:06":

Hi ABABS
I've been on the RLA website and will have no problem joining up. You appear to strongly recommend them, in preference to the NLA or join both?

Would it be best once I become a member to send an email outlining the issues or speak over the phone? What would you consider to be the best way forward for me?

Thanks for your input here and past comment. Very much appreciated.
Regards
Gary

Mark Alexander - Founder of Property118

21:03 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Gary Butler" at "24/01/2014 - 20:54":

I'm a member of Eastern Landlords Association but the one with the most prospect, in my opinion, is the Guild of Residential Landlords >>> http://www.landlordsguild.com/

They are nowhere as big as NLA or RLA at the moment but they have helped to promote our campaigns and seem far more open minded to working with other organisations. This is the complete opposite to NLA and RLA who will never support the same fight or work together. Interestingly, NLA have my|deposits and RLA have Deposit Guard which are rivals. Perhaps that why they never seem to agree on anything?
.

All BankersAreBarstewards Smith

21:15 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "24/01/2014 - 21:03":

Mark is soooo right - as usual !! Stupidly i mis-remembered the name of the really brilliant landlords association wrong.... it is indeed the Guild ... Mark its Adrian who is the CEO of the Guild isn't it ?

Doh !!! its been a busy old week

Gary i would join and then phone Adrian.....

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