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

travelchick

BigAunty wrote: »

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

I know its ironic both people have my address and phone number and yet nether of them managed to trace me!!
I will get an agent to take over and charge her the full rent as per her tenancy

travelchick

Eton_Rifle wrote: »

You may have to take advice on that because you can't just increase the rent like that. You may have set a precedent by accepting less money and that might be regarded as the agreed rent amount.

Her tenancy does state a higher amount, I am happy to say I agreed to take less due to the heating type in the house costing more however this has been rectified.
There is nothing stating I agree to less, and I assume every landlord has the right to increase rent to a reasonable amount?

molerat

A lot to be said for compulsory landlord registration as in Scotland !

real1314

Eton_Rifle wrote: »

So the issues are:

Was it acceptable to use the LR address for the official serving of notice? I suspect probably was and it was really unfortunate that this was not updated. I don't think you'll get anywhere with that one.

and

Is central heating a requirement when there is another reliable method of heating in the property? Even if it didn't have sufficient output can they do this to a private let? Does it count as a commercial premises that probably does have a mandatory minimum heat level?
My experience says no but that's only two councils and it's never been put to the test.

As the council cannot pay HB without knowing the landlord's address (the real address), I'd suggest that not checking those records was negligent. Further, if they sent numerous letters to this address, but claimed in any way that they had a doubt about this address, they would be committing a DPA breach.
They have clearly made a huge mess. I doubt any judge or tribunal chairman would consider it reasonable to ignore the LL address on HB records.
If a private company took this approach, there would be an out cry, and the council should be judged on the same basis.

I'd also question the costs involved - did they get 3 reasonable quotes like a landlord has to for deposit deductions?

travelchick

Eton_Rifle wrote: »

I let a house that has abysmal central heating and another that has no central heating in one upstairs wing but I provide electric plug in radiators.

Ive been over this with both councils to make sure they were OK to let and they were both fine with it. I was worried about the first house because it really is cold in there in the winter.

I'm puzzled too.

I wonder if the tenant thought it would be a free installation because she's on benefits? That's perhaps why she contacted the council; she may not realize exactly what mischief she's unleashed.

I think she is fully aware of what she did because the council served all the notices to her, whenever anything needs looking at or she needs to speak to me she calls or texts, so to get a bailiff turn up giving her legal documents saying you have 21 days to appeal or we will do the work and bill you for it, she would have either called or suddenly thought ummmmmmmmm I can get cheaper rent cheaper heating if I just say nothing.
The council would have asked her if she had contact details for me which she has so she made the choice to say no I cant get hold of her!

travelchick

real1314 wrote: »

As the council cannot pay HB without knowing the landlord's address (the real address), I'd suggest that not checking those records was negligent. Further, if they sent numerous letters to this address, but claimed in any way that they had a doubt about this address, they would be committing a DPA breach.
They have clearly made a huge mess. I doubt any judge or tribunal chairman would consider it reasonable to ignore the LL address on HB records.
If a private company took this approach, there would be an out cry, and the council should be judged on the same basis.

I'd also question the costs involved - did they get 3 reasonable quotes like a landlord has to for deposit deductions?

I asked him about all the details of the work done and he just said I will send you the paperwork back out, I did ask who they got the quotes from for the work but he said we sauce all our work out to contractors?
He gave me the option of getting a manager to speak to me tomorrow however i cant see that will change anything other than upset me more so will stick to the appeals procedure and let them deal with it.

I hope your right about a judge and a tribunal agreeing with this, I just feel like my rights have been violated, I should be given the choice of if I want this work done :-(

missbiggles1

I wonder whether they "central heating only rule" that they quoted refers to the housing standards required by section 604 of the Housing Act of 1985?

This is Maidstone Council's information on the subject.

Excess Cold
The main cause of excess cold is a lack of a fixed form of affordable heating
which typical occupiers find affordable to run.


"Affordable heating systems include:
• Gas Central Heating
• Oil Fired Central Heating
• Gas Room Heaters
• Electric Storage Heaters running from off peak electricity
The heating system must be able to heat the living room and bedrooms to 21°C
and 18°C respectively when it is -1°C outside.
In addition to an affordable heating system loft and cavity wall insulation should
be installed to current Building Regulations to help keep in the heat that is
produced. This is essential in properties which have electric storage heaters.
Plug in electric fires and portable heaters are not considered a satisfactory form
of affordable heating. "

http://www.maidstone.gov.uk/__data/assets/pdf_file/0020/15257/Housing-Standards-Booklet-January-2014.pdf

travelchick

Alias_Omega wrote: »

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...

Thats my thinking, There was heating there if it broke then I would replace it.
So many people seemed to disregard that I was the landlord. I think the council thought ahhh tenant is screaming to be rehomed in a council house we will make the landlord sort this, but even better if we cant get hold of the land lord, the tenant thought whoop whoop cheaper heating.
What I also find ironic the grant they turned us down for was £2500 which covered the cost of the central heating but installed it at a later date for so much extra.

travelchick

Eton_Rifle wrote: »

I'm just worried that if it comes down to it, she may be able to demonstrate that you have accepted less rent and that pattern forms the agreement. By not chasing her for rent arrears, you may have implied your consent. If that was the case, you can now increase the rent (by hundreds a month?) but she doesn't have to accept it. She can wait for you to evict her.

Don't know, grey area, out of my depth, wait for one of the experts to come on here later.

I'd just be careful because this tenant isn't cutting you any slack.

I think thats why I want it to go to a proper agent now who will redraft the contracts so she has no choice but to sign or face eviction, if she signs shes re-agreeing to rent the house if she doesnt then she makes herself homeless.

travelchick

Eton_Rifle wrote: »

I agree with you. If there's no history of complaining about the heating, I think she's behaved despicably.

I don't know why you haven't served her notice.

I will sort this mess 1st and get her paying the market rate or mover her out so that I can get it elsewhere.
Because I want to get the house from my ex ( currently with solicitors and he has agreed to hang it over now) I didnt earn enough for the mortgage however I recently got promoted at work so waiting 2 more months for my wage slips to show I earn enough that and the combined income from the rent, I figure if the mortgage company see there is a long term tenant it helps, then I can get her out.
The mortgage is only £329 a month so its affordable even if its empty for a while.