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

Mark Alexander - Founder of Property118

21:26 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "All BankersAreBarstewards Smith" at "24/01/2014 - 21:15":

Yes it is Adrian and I agree with you regarding his landlord and tenant law knowledge, he's nearly on my level 🙂 LOL

Just kidding, he knows miles more than I do about landlord and tenant law, when I say he's nearly on my level, if I rank as a 6 Adrian is a 9. I am yet to meet a 10!
.

Mark Alexander - Founder of Property118

21:29 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "24/01/2014 - 21:26":

PS - other 9's would be:-

Mary Latham
David Smith and Giles Peaker
David d'Orton Gibson
Paul Shamplina
Tessa Shepperson
.

Joe Bloggs

22:10 PM, 24th January 2014, About 10 years ago

Reply to the comment left by "Mark Alexander" at "24/01/2014 - 19:55":

totally agree with you mark...NLA are just a profit driven cynical business. they just gave lip service to fight LB Newhams controversial licensing scheme...they would have won a Judicial Review but it wasnt a priority.
http://www.lettingfocus.com/blogs/index.php/2014/01/newham-antisocial-behaviour-and-private-landlords/
they also mislead people into joining NLA to get cashback on mortgages, but the broker fee is not mentioned by NLA and is very hard to decipher in the brokers small print. when i pointed this out to NLA several times they dont even reply!
i find the RLA has greater integrity.

Theodore Clouter

19:22 PM, 12th February 2014, About 10 years ago

In my opinion, as you've enjoyed an income for 2 years from the property without spending a penny on it as I gather from your question, do you not think it's time to have a little looksie at some items that may be required.

You can't charge a tenant for wear and tear, you cant expect them to replace doors that were existing 2+years ago (presumably after the previous tenancy ended)

The cost of light fittings is negligible compared to the cost of an unqualified tenant 'having a go'

It is only my opinion, but it might be time you invested into your existing properties or reviewed you tenants.. It is not a pure profit business, and all things considered I'd say you're lucky they're not putting in for a rent review for want ant neglect from the landlord (who perhaps is being reminded of their duty of care to the tenant - no matter how 'scummy')

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