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Old landlord rechargeable repairs dispute

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  • Old landlord rechargeable repairs dispute

    Hi everyone had some great help off this site before regarding CT issues always looking in but can't seem to find any advice for my current predicament. It's a bit of a long one so please bear with me.

    I was renting a ground floor flat from the private rent section of Bromford Housing. I had numerous problems with them in terms of repairs being reported, escalated or carried out. Even getting senior members of departments to return my calls was a chore. I would always ask for a workman to ring me when he was on the way to visit the property so I could guarantee someone being there to let them in however this never happened resulting in delays to repairs. In one instance the heating element in my cooker blew tripping the switch etc and leaving me without a cooker. I reported it and was told it wasn't an emergency this was on the Friday I asked how I was supposed to cook for myself and my kids over the weekend and was told to buy takeaways or just use the hob and someone would be out on the Monday. After taking a day off work no-one arrived and the issue wasn't resolved until late on the Tuesday. The property above me (Bromford owned) had a leak under the bath which affected my bathroom ceiling this was repaired however the problem re-occured and also started rotting the bathroom/hallway wall as the leak from upstairs was never fully resolved. I started to have an oily substance rise through the carpets (I did some research and discovered before flats the area was a chemical factory) after reporting this I was told carpets were nothing to do with them and were my responsibiity. I asked for some help with cost of replacing as when I did eventually leave I wouldn't be taking the flooring with me and they refused They did send an environmental officer however again no warning was given after being told the office would arrane an appointment I didn't hear anything again. There was also various issues regading the washer/dryer being repaired 4 times before I demanded a replacement and this was finally provided. Finally my property was due an annual inspection for necessary repairs etc at the start of the year to guarantee being in I arranged this for a Saturday being told between 8-12. On two seperate occasions I waited in until 1.30 and no-one ever showed. I also reported anti-social behaviour including having a settee slashed while waiting to get it into the property to be told there was nothing they could do without proof of who carried it out.

    Cut to April this year I was offered a job in a different part of the country which would put me closer to my kids however my enloyer wanted me to start and move the following week. I contacted Bromford via phone and e-mail to enquire and see if we could reach an agreement over the notice to leave as I needed to move urgently but never had a reply until the day before I moved only being told I would have to pay rent up until a month after the date I first gave notice. This would come to around £288. I moved that weekend giving the flat a full clean the only things I never managed to do is repaint two walls or replace carpet (still with oily substance and general wear and tear.) I hand posted all keys and a letter detailing all the issues above and leaving contact details if they wanted to speak to me in April. I stated as I was leaving early I was happy to forgo any return on my deposit (£500) and for it to go towards the final rent payment with the extra however they saw fit.

    Having had no contact I assumed the matter dealt with until around 3 weeks ago the finance officer contacted me saying I owed almost £1300 made up of £288 rent ans the rest rechargeable repairs. To say I was shocked is an understatement. They hadn't received my deposit from the DPS, this has now been resolved bringing the amount allegedly outstanding down to just under £800. The repairs listed were:
    Cleaning £180 (as said I thouroughly cleaned the flat before leaving and was always in a good standard of cleanliness during my tenancy)
    Decorating £751 ( I accept the two walls needed doing but no other wall had ever been changed)
    Carpet replacement £17
    lock change £42.86 (all keys were returned)
    Plaster replace £15.83 (again I would say this was due to the leak and damp from above.

    I am still in contact with a neighbour from the flat who told me someone else moved into the property around a month later after I left. The survey Bromford carried out was done without any contact or myself being there to dispute any claims for cost had they conacted me I would have arramged to meet and go around with them. I also believe had they managed to attend one of the property inspections arranged before I left these thins could have been pointed out and dealt with. I am wondering if I have any grounds to dispute these costs based on the problems I had with them during my tenency, annual inspections not being carried out (I was there for four years and never had a single inspection) and also them carrying out the work without contacting myself to discuss or to ask me to be present while assessing the property.

    Sorry for such a long post any advice will be hugely appreciated and thanks in advance
    Tags: None

  • #2
    Re: Old landlord rechargeable repairs dispute

    Going to assume I have no option but to repay the full amount?

    Comment


    • #3
      Re: Old landlord rechargeable repairs dispute

      Originally posted by robinson86 View Post
      Going to assume I have no option but to repay the full amount?
      I can't advise myself ... but I will flag your post up so people will see it :tinysmile_twink_t2:
      K x
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Old landlord rechargeable repairs dispute

        Thank you appreciate that

        Comment


        • #5
          Re: Old landlord rechargeable repairs dispute

          So much depends on the terms of the tenancy that it is difficult to comment on your situation.
          eg Does the agreement stipulate that the carets must be professionally cleaned? (the oil seeping through from below would not be your responsibility)
          Whose opinion of cleanliness is used to ascertain cleaning is necessary?
          Has faIr wear and tear been taken into account?
          Whose carpet was it anyway?

          Regarding the change of locks, if it is not specified in T&Cs, IMO the landlord cannot charge to do this.
          Plaster repair if damaged as you state is not your responsibility

          Without seeing your tenancy agreement I would be inclined to tell them you owe nothing and won't be discussing the matter further.
          If they start court proceedings then defend.

          I don't suppose you took photos when you left, but hopefully you have a copy of correspondence and emails, and notes of telephone conversations.

          Comment


          • #6
            Re: Old landlord rechargeable repairs dispute

            Hi thanks for taking the time to reply. I intend to get the copy of the tenancy agreement with my signature on e-mailed over to myself tomorrow so could provide more info then. I did take photos of the property but I will have to hope they are still saved to my cloud as my phone deleted all data I had stored on it..

            In terms of correspondence last week I received a letter stating I had 14 days to clear the balance aswell as a text from finance manager asking me to call him re arrears/court action. Since this I have only communicated via e-mail so as to keep a record of all correspondence.

            Hopefully I will have more info in terms of the tenancy agreement tomorrow but thanks for replying. I have suffered with stress (GP diagnosed) previously and having this burden weighing on my shoulders isn't helping so hoping to put it to bed as soon as possible

            Comment


            • #7
              Re: Old landlord rechargeable repairs dispute

              Quick update have e-mailed today asking for a copy of the signed tenancy agreement and have received a reply saying there is a £15 charge for this.

              I don't see how they can charge for this but maybe someone knows better than I do?

              Comment


              • #8
                Re: Old landlord rechargeable repairs dispute

                Originally posted by robinson86 View Post
                Quick update have e-mailed today asking for a copy of the signed tenancy agreement and have received a reply saying there is a £15 charge for this.

                I don't see how they can charge for this but maybe someone knows better than I do?
                If your old landlord's a housing association (and registered with the ICO) you could send a SAR request asking for all the documentation/data they hold on you - this costs £10 (but you have to give them 40 days to comply)

                k x
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: Old landlord rechargeable repairs dispute

                  Thanks have checked and they are registered with the ICO. I can start the request when paid next week is there another agency I need to contact to get the ball rolling?

                  Also can I inform the housing association of my intention to send a SAR and ask them to put a hold on any legal action they may be planning?

                  Thanks again advice has been great so far

                  Comment


                  • #10
                    Re: Old landlord rechargeable repairs dispute

                    Shouldn't worry too much about legal action at the moment.
                    If they are really intending to go down that route, they will need to rely on the tenancy agreement and they will have to supply a copy of that agreement to prove their claim

                    Comment


                    • #11
                      Re: Old landlord rechargeable repairs dispute

                      What type of Tenancy did you have ?

                      Comment


                      • #12
                        Re: Old landlord rechargeable repairs dispute

                        Thanks Des8 thats the nain thing causing me worry at the minute as the 14 day period since I last received a letter is up soon.

                        Wales01man I'm not sure of the answer to that all I can tell you is it was from the private rent section of Bromford (as opposed to taking people off the council list) and there was am option of part rent/part buy if I had ever wanted to take it up. Hope this may help identify the tenancy type if not is there anything else that may help?

                        Thanks to you both

                        Comment


                        • #13
                          Re: Old landlord rechargeable repairs dispute

                          Google Bromford Tenacy agreements there are some on there it may jog your memory as to which one you signed if its there

                          Comment


                          • #14
                            Re: Old landlord rechargeable repairs dispute

                            Have just googled it and looking at the decriptions I'd say it was an assured tenancy

                            Thanks

                            Comment


                            • #15
                              Re: Old landlord rechargeable repairs dispute

                              [QUOTE=robinson86;482050The repairs listed were:
                              Cleaning £180 (as said I thouroughly cleaned the flat before leaving and was always in a good standard of cleanliness during my tenancy)
                              Decorating £751 ( I accept the two walls needed doing but no other wall had ever been changed)
                              Carpet replacement £17
                              lock change £42.86 (all keys were returned)
                              Plaster replace £15.83 (again I would say this was due to the leak and damp from above. quote

                              A quick look at the wording you suggest may be the one you signed and:
                              Cleaning, as professional cleaning is not specified and you did clean the property I would refuse
                              Decorating & plaster: similar plus this quote from [url]www.tenancyagreementservice.co.uk[/url] discussing the 1985 Landlord and Tenant Act "The tenant would not normally be required to re-decorate the property at the end of the tenancy unless stated in the agreement. If the property’s interior decoration had been damaged the tenant may be required to re-decorate the property, or the landlord may retain some of the deposit to cover re-decoration costs".
                              As the damage was not your fault, and you in any case allowed them to retain the deposit, IMO they have no claim.
                              Carpet replacement :required because of faulty floor, which is structural and their responsibility
                              Locks: unnecessary.

                              On the basis of what has been seen I would decline all invitations to reimburse them, but would still be good to see actual tenancy agreement.

                              Comment

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