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

travelchick

missbiggles1 wrote: »

Is this the same property you posted about 5 years ago which had been empty for some time or do you have more than one BTL?

https://forums.moneysavingexpert.com/discussion/comment/26918481#Comment_26918481

That's the same house.
I sorted that mess out (hence why i said the council defo had my contact details as I had to sort the council tax out and haven't had a problem since.
Although I'm not sure what the relivance of that comment is if you could explain what I'm missing?

Smi1er

I_have_spoken wrote: »

You could have installed C/H and written off the cost against tax.

No you can't. It's classed as an improvement.


Replacement of existing CH system could be offset

travelchick

Mylo_The_Moggy wrote: »

I thought councils only installed/upgraded things in houses actually owned by the councils, not privately owned homes?
If it's not a council house then why have they billed you for work?

You really need to find out from your tenant if the CH has been installed. If she hasn't replied by X amount of time, then it could be she has something to hide.

If she's been the model tenant you say she is, then she would waste no time in getting back to you however.

I still don't get why the council would install CH in a privately owned home though. Could it be due to tenant being on benefits perhaps, is there some kind of scheme for something like that?

It could just be an innocent mistake & they are chasing the wrong person.

Fr what I understand if a landlord is neglectful of their tenants as in the standards if the property the council can step in if the property is hazardous or dangerous ect.
But upgrading wall heaters to central heating I can't find anything on?

atrixblue.-MFR-.

travelchick wrote: »

Fr what I understand if a landlord is neglectful of their tenants as in the standards if the property the council can step in if the property is hazardous or dangerous ect.
But upgrading wall heaters to central heating I can't find anything on?

OK so you would need to contact the council who enforced the work if your tenant doesn't contact you.


I hope you kept receipts for the oil heaters and they were installed by a competent qualified and certified person?
if you do and it has, it was only 4 years ago so if they were in a dangerous state needing replacement your tenant by chances has broken or damaged it during this period.


the council has to act with due diligence like anyone else, if you find they have not followed procedure and there were failings within the council that led to this, then you could infact be in a strong position, because they would be owing you the price of the installation and purchase price of the good they removed, damage to property in fitting or altering internal walls floors or structures in order to fit them, and also lose money on the costs of CH system they fitted and remove them and make good the damage caused.


The council in any area are good at enforcing things, but when they get it wrong they are horrible at putting them right or paying people out, so if they haven't followed procedure, done due diligence in the actions and decisions, I would fight them all the way into court, and when they think decision from courts don't apply to them, move the bailiffs in to remove their stuff and see how they like it.

BigAunty

travelchick wrote: »

Fr what I understand if a landlord is neglectful of their tenants as in the standards if the property the council can step in if the property is hazardous or dangerous ect.
But upgrading wall heaters to central heating I can't find anything on?

No one on this forum has yet heard of a council stepping in to install central heating.

But it is clear that under the Health and safety standards for renting homes that if there is found to be a major issue, the council can step in and do the work. So I don't think the work will be considered 'upgrading' but on the grounds of safety or similar. The HHSRS legislation promotes risk based evaluation.

It's not clear why the council have done this but perhaps the oil filled heaters were defective and thus dangerous (dodgy electrics, perhaps the heaters caught fire) , perhaps this type of heating led to the tenant being able to adequately heat the house which caused damp and mould which then caused health issues.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/health_and_safety/hhsrs

https://www.gov.uk/government/collections/housing-health-and-safety-rating-system-hhsrs-guidance

There is guidance posted specifically for landlords. Things like mold, excess cold, fuel combustion, volatile compounds, electrical hazards, hot surfaces, come under it. And yes, one of the allowed remedies is the installation of an 'appropriate heating system'.

The OP can read this. Hopefully the council will give her a copy of the report that presumably formed the basis of their decision to undertake the work.

https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals

shegirl

travelchick wrote: »

That's the same house.
I sorted that mess out (hence why i said the council defo had my contact details as I had to sort the council tax out and haven't had a problem since.
Although I'm not sure what the relivance of that comment is if you could explain what I'm missing?

Not sure.


BUT it doesn't tell the same story. On this thread you are saying that the tenant has been living in the house for 7 years and was staying in it before you even got it.


On the thread MissBiggles has posted a link to,which you say is the same house, in November 2009 you say you found out the tenants moved out in December the previous year (2008) and the house had been empty that entire time.

travelchick

shegirl wrote: »

Not sure.


BUT it doesn't tell the same story. On this thread you are saying that the tenant has been living in the house for 7 years and was staying in it before you even got it.


On the thread MissBiggles has posted a link to,which you say is the same house, in November 2009 you say you found out the tenants moved out in December the previous year (2008) and the house had been empty that entire time.

Oh for goodness sake I'm typing on a mobile the numbers a typo!
This site is for people who need help and advice, I needed help and advice!
If you have any I'd love to hear it but if not please don't come here just to stir.
If your going to go to the trouble of reading all my posts from the past you may get bored I've been a member about 10 years!
You will find everything from ex husband to children on here that I've posted.
No wonder newbies get scared to ask advice!

travelchick

atrixblue.-MFR-. wrote: »

OK so you would need to contact the council who enforced the work if your tenant doesn't contact you.


I hope you kept receipts for the oil heaters and they were installed by a competent qualified and certified person?
if you do and it has, it was only 4 years ago so if they were in a dangerous state needing replacement your tenant by chances has broken or damaged it during this period.


the council has to act with due diligence like anyone else, if you find they have not followed procedure and there were failings within the council that led to this, then you could infact be in a strong position, because they would be owing you the price of the installation and purchase price of the good they removed, damage to property in fitting or altering internal walls floors or structures in order to fit them, and also lose money on the costs of CH system they fitted and remove them and make good the damage caused.


The council in any area are good at enforcing things, but when they get it wrong they are horrible at putting them right or paying people out, so if they haven't followed procedure, done due diligence in the actions and decisions, I would fight them all the way into court, and when they think decision from courts don't apply to them, move the bailiffs in to remove their stuff and see how they like it.

I think I still have them I have a big file I put all the house stuff in. If not I can contact the company that installed them for me.

travelchick

BigAunty wrote: »

No one on this forum has yet heard of a council stepping in to install central heating.

But it is clear that under the Health and safety standards for renting homes that if there is found to be a major issue, the council can step in and do the work. So I don't think the work will be considered 'upgrading' but on the grounds of safety or similar. The HHSRS legislation promotes risk based evaluation.

It's not clear why the council have done this but perhaps the oil filled heaters were defective and thus dangerous (dodgy electrics, perhaps the heaters caught fire) , perhaps this type of heating led to the tenant being able to adequately heat the house which caused damp and mould which then caused health issues.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/health_and_safety/hhsrs

https://www.gov.uk/government/collections/housing-health-and-safety-rating-system-hhsrs-guidance

There is guidance posted specifically for landlords. Things like mold, excess cold, fuel combustion, volatile compounds, electrical hazards, hot surfaces, come under it. And yes, one of the allowed remedies is the installation of an 'appropriate heating system'.

The OP can read this. Hopefully the council will give her a copy of the report that presumably formed the basis of their decision to undertake the work.

https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals

Thank you so much, you are like a font of knowledge with this stuff I'm really grateful.
Xx

bitsandpieces

Hope you get this sorted out OK. Don't assume the worst because your tenant hasn't got in touch yet, though, and be careful not to call/text so often that it looks like you're hassling them unreasonably. It's the weekend - people often don't respond to non-urgent business things over the weekend.