• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Problems with private let - please help

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Problems with private let - please help

    Yesterday I received e-mail from my case worker at the local law centre asking me to fill in a simple table about problems with my flat, consisting of columns like: 1. Problem, 2. When occurred/discovered, etc.

    I have been in the property for 2 years and 3.5 months so I can't remember these details in every detail.
    There are some e-mails, and if I'd noted every phone call, etc, in a diary, I might be better equipped.

    I have sent a DPA SAR to the letting agent, but they didn't do it, and returned my cheque.
    I hoped this would give me the information I need.

    I've withheld £900 rent, seeming (truly) to me to be the appropriate and rightful amount for compensation for repair issues (hot water, heating, etc) and now have received notice requiring possession. I may have to stave off court court proceedings, and to do that I need to have accurate details of these repair issues. I feel it is only fair I get the DPA material, under the circumstances.

    But last time I rang the letting agent to try and sort this out, they not only did not attempt to sort anything out, but wrote to me afterwards saying I was verbally abusive and that the person who spoke to me had burst into tears. I recorded the call, with their permission, and actually see it as the other way around (not that they were abusive, but that they were rude and won't deal with my complaint). I have been asking them for compensation/to sort this out with me over a period of 18 months, in writing (4 times), and all they do is ignore my e-mails, and in this instance, my call.

    I'm worried about a reference as I have to move in 2 months.
    Please can anyone help?

    I have told case worker that SAR was refused, and they say I'm being abusive, and asked her advice, but I'm not confident of her reply. This maybe because she admitted she was biased against HB tenants, and felt that I should pay for professional clean of cooker on entry, as does my letting agent (built-in cooker; Landlord and Tenant Act makes landlord responsible for structure. This also applied to wardrobe pole and sliding door mechanism, which issues are still outstanding).

    I think what I want to do is leave this endless work, and wait for the landlord or letting agent to sue me, in which case I counter-claim, and claim negligence on the part of the representing agent.

    Any advice appreciated.

    Many thanks.
    Last edited by christianpassy; 24th July 2012, 09:38:AM.
    Tags: None

  • #2
    Re: Problems with private let - please help

    I can help you regarding gas. The Gas Safety (Installation & Use) Regulations 1998 reg 36 Landlords, states that the gas installation and appliances owned by the landlord must be tested before letting the property by a competent person (gas safe registered) and provide the tenant with the certificate. This safety check must be done annually. I am somewhat surprised that you would be expected to clean the cooker before you take tenancy. Check your documents to see if you have a landlords gas safety check in date, if not, the landlord or managing agent must provide you with a copy within 28 days. If you don't have this document contact the Gas Safe Register.

    Comment


    • #3
      Re: Problems with private let - please help

      Thanks, Steve.
      There is no gas, but it's true my letting agent doesn't do yearly electrical certificates.
      Thanks for alerting me to that - very helpful!!
      Christian

      Comment


      • #4
        Re: Problems with private let - please help

        Originally posted by christianpassy View Post
        Thanks, Steve.
        There is no gas, but it's true my letting agent doesn't do yearly electrical certificates.
        Thanks for alerting me to that - very helpful!!
        Christian
        I don't think they have to provide yearly electrical certificates.

        Comment


        • #5
          Re: Problems with private let - please help

          Thanks for raising this issue, Street. I looked it up, and they have to make sure things are safe before the tenancy, and during it:
          "Electrical Safety in Rental Property

          Apart from the Landlord's Common Law duty of care, the Landlord & Tenant Act 1985 (and several other statutory regulations see below) requires that the electrical equipment is safe at the start of every tenancy and maintained in a safe condition throughout the tenancy.
          Electrical hazards are also covered by the Housing Health and safety Rating System under the Housing Act 2004.
          In the case of commercial property and houses in multiple occupation there is a statutory duty under the Regulatory Reform Fire Safety Order 2005 for the responsible person (the property manager) to carry out annual Fire Safety Risk Assessments, which include electrical safety risks.
          If you let property you must ensure that the electrical system and all appliances supplied are safe - failure to comply with the Electrical Equipment (Safety) Regulations 1994 and the The Consumer Protection Act 1987 is a criminal offence and may result in:
          • A fine of £5,000 per item not complying
          • Six month's imprisonment
          • Possible manslaughter charges in the even of deaths
          • The Tenant may also sue you for civil damages
          • Your property insurance may be invalidated

          These regulations are enforced by the Health & Safety Executive"

          Also,
          "You should ensure that tenants are given copies of operating and safety instructions for ALL equipment in the premises and you should carry out regular checks"

          One of my complaints was being given NO manuals for anything in this 2-bed flat whatsoever.
          Thanks for making me research this issue
          Last edited by christianpassy; 26th July 2012, 20:43:PM. Reason: addition

          Comment


          • #6
            Re: Problems with private let - please help

            Today I applied to LawWorks for legal help, because I am being evicted but can't get a reference.
            Also, to sue for damages.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X