*Updated*Council billed me £6500 for work I didnt ask for? Rental house

Southend1

travelchick wrote: »

Apart from ensure that they are contacting the land lord, I understand some people are hard to get hold of but my big issue is that they didnt make any effort to look on my file, as I said they write statements to me monthly for the rent.
I would have stopped using this house as a rental

I think there is more to this story than meets the eyes, given there is a history of official legal notices from the council regarding this property going to the wrong address (https://forums.moneysavingexpert.com/discussion/comment/26918481#Comment_26918481). Are you sure your ex husband hasn't changed the address somehow? Can you be sure the address for serving notices is yours? What did you do after he previous episode to ensure legal notices would be served at the correct address in future?

BigAunty

travelchick wrote: »

Anyone got any further ideas on how I can deal with this mess now

You need to find out the actual appeals process to contest it. A previous poster indicated some kind of challenge has a time limit?

How are the council planning to enforce the court judgement in their favour and get the £6.5k from you? Have they issued an invoice? Are they planning to take you back to court to enforce it? Are they putting a charge against your property?

Contact your local MP - they are there to serve you.

Councils have their own complaints procedure. I can't see that it's going to be that effective, but still...

There is a local authority ombudsman and they are bound to have their own complaints procedure.

Seek legal advice with a housing solicitor. Yes, you may have to pay some hundreds or more but they could potentially save you thousands. They may be able to help you challenge the bill and point out which laws/procedures they have ignored.

Join a landlords association to give you a voice and gain accreditation, greater knowledge about your housing law, tenants rights and your obligations so you don't trip up again in future, join their member forum and find other landlords who may have successfully contested your issue.

usignuolo

OK "The Housing Act 2004 requires that some form of
fixed heating must be provided in all habitable rooms,
and that heating systems shall be of sufficient output
so as to heat adequately the bedrooms and the main
living room to a temperrature of 18°C with an outside
temperature of –1°C." There is also an assumption there will be adequate insulation.

I can find nothing at all which says that private rented homes must contain central heating, to a standard which the local council approves. Ask them for a copy of the regulation they were enforcing when they installed it in your property.

Is it possible your heaters had malfunctioned in some way and your tenant saw her way, or was encouraged to see it that way, as an opportunity to complain to the council. Surprised even then that they did not ask her how to contact you - maybe she said she did not know your address.

I am guessing this is a different council department to the one who you normally deal with.

BigAunty

usignuolo wrote: »

And clearly your relationship with your tenant has completely broken down and you should be taking whichever are the appropriate legal steps to evict them.

.

Or pay the full going market rate seeing as she had a 33% discount to fund the fuel costs and get it properly managed by an agent.

Funnily enough, when tenants have trouble contacting their landlords, they are told to contact the local council in order to help trace them.

http://www.landlordzone.co.uk/content/landlords-address

travelchick

anselld wrote: »

Is it not also the case that a benefit claiming tenant could potentially qualify for a free boiler / CH system under an ECO grant?

I ask about applying a few years ago and they said no

travelchick

anselld wrote: »

In that case the Council have failed miserably. Why would they look anywhere else for LL address? Numpties!

Thats what annoyed me the most they just made no actual effort to find me, all the paperwork is right there on their own files

travelchick

usignuolo wrote: »

So the man at the council said all rented houses must have central heating and as yours does not they installed it and charged you for it. I should be interested to see which law or regulation states this. Ask them.

And clearly your relationship with your tenant has completely broken down and you should be taking whichever are the appropriate legal steps to evict them.

Definitely think you should contact your councillor as well as they have greater ability to find out what council staff have been up to behind the scenes.

I am going to get an agency to take over the tenancy for me, I will then contact the tenant and say that they will be her point of contact for all repairs and that she will now be liable for the full rent, this way if she doesnt pay the rent she will be making herself intentionally homeless and not eligible for a council house.
I will right to the Councillor and anyone else that will look into this as well as following the appeals procedure as its a really shoddy way to treat someone.

travelchick

Southend1 wrote: »

I think there is more to this story than meets the eyes, given there is a history of official legal notices from the council regarding this property going to the wrong address (https://forums.moneysavingexpert.com/discussion/comment/26918481#Comment_26918481). Are you sure your ex husband hasn't changed the address somehow? Can you be sure the address for serving notices is yours? What did you do after he previous episode to ensure legal notices would be served at the correct address in future?

The address the council got is 12 years old so its not my ex.
I took steps to be the sole contact for the house with the tenant and the council because I am the one who wants to keep it for the future. and have received all correspondence apart from this to my home address, If he had changed anything with them then they wouldnt still be sending the monthly statements to my home.
To be honest the fact that he would be half liable as well he would have said get the tenant out.
I wish it was him this time it would be easier to fix

Alias_Omega

Hi Op,

I would suggest posting on Landlord Zone Forum.


I would question why you need to pay the £6500? What rule/law says you needed to have it installed? Why did they install it? Why did the tenant not contact you?

If you really get stuck, I would contact the local paper..there is usually one who hates the council.


I suspect you could be in court, defending yourself on why you did not need to install a £4000 heating system, and under what law...

travelchick

BigAunty wrote: »

You need to find out the actual appeals process to contest it. A previous poster indicated some kind of challenge has a time limit?

How are the council planning to enforce the court judgement in their favour and get the £6.5k from you? Have they issued an invoice? Are they planning to take you back to court to enforce it? Are they putting a charge against your property?

Contact your local MP - they are there to serve you.

Councils have their own complaints procedure. I can't see that it's going to be that effective, but still...

There is a local authority ombudsman and they are bound to have their own complaints procedure.

Seek legal advice with a housing solicitor. Yes, you may have to pay some hundreds or more but they could potentially save you thousands. They may be able to help you challenge the bill and point out which laws/procedures they have ignored.

Join a landlords association to give you a voice and gain accreditation, greater knowledge about your housing law, tenants rights and your obligations so you don't trip up again in future, join their member forum and find other landlords who may have successfully contested your issue.

Thank you :-)
The invoice that the council has sent states that I have 21 from sat days to appeal these costs, it is First-Tier tribunal who where closed by the time i got off the phone to the council, this puts it to appeal. The said if i dont respond to the bill in 21 days then I except the charges.
I will be speaking to them and then getting some proper advice after I know what will be happening, I think its more on principle that anything else.( I cant afford it either way but its nice to feel its on priciple 1st and skint 2nd)
I will look at that landlord association though, thank you for that