Builders haven't laid dust sheets. Who should clean up?

leveller2911

pickledonionspaceraider wrote: »

Dust still can penetrate dust sheets

Not the polythene backed ones it can't.....;) but you're right in that impossible to stop all the dust .........

MisterBaxter

leveller2911 wrote: »

The stupid thing is work to a tenanted property can be offset against tax... He can claim the cost back against his tax liability.. Never understood why LL either never have the work done or do it on the cheap..

That's because far too many Landlords out there are tight fisted basta**s who have such a strong desire to screw people out of money they simply can't help themselves.

DRP

ultimatefighter wrote: »

You have decided to make this as difficult as possibles

what does this mean? what is the back story?

If you were told there was a lot of work happening in the house and you have refused to cooperate, then a lot of the blame is your own.

J_B

leveller2911 wrote: »

Typical LL I'm afraid........... 1% of LL are good people and do right by their tenants..99% are complete @rseholes.......

Don't sit on the fence will you, tell it how you think!

southcoastrgi

J_B wrote: »

Don't sit on the fence will you, tell it how you think!

He ain't wrong though

ultimatefighter

DRP wrote: »

what does this mean? what is the back story?

If you were told there was a lot of work happening in the house and you have refused to cooperate, then a lot of the blame is your own.

The landlord is making things up and lying to the council with emails that I send to the housing officer who wants updates.

3 notices were served. An abatement which is 1 month in default, 2 are general repairs for excess cold, fire hazard of artificial cork ceiling in kitchen with wiring inside and mould in the bathroom.

I am 0% at fault. Not because it is my opinion, but that is how the facts will show. There was a leak caused by tradesmen today in the bathroom to the downstairs flat. There hasn't been a leak since moving in years ago to this day. Yet the landlord has sought to blame me for it.

ultimatefighter

Am I correct in sending the following letter/email?

The legal stance is clear cut for damages to personal effects.

As you are personally employing a private tradesman, in the event of a claim for damage or theft, the claim would be against the Landlord as he has employed the operatives to carry out work he responsible for any claims that will arise. If a building firm has been instructed to carry out work, the firm is responsible for any claims should any of their subcontracted/employed tradesmen cause damage to the occupiers' belongings. You have also authorised a set of keys to be carried by your own builder placing liability on the good faith of the tradesmen by the landlord.

Yes, when you do building work there will be dust and even if dust sheets were used it is unrealistic to expect the flat to be spotlessly clean afterwards however there are certain standards that people should work to, protection and a clean up is not an unreasonable expectation of any work being done.

I am receiving complaints from the flat upstairs and downstairs about the mess that is not cleaned up in the communal areas after work has been completed.

Should any items be missing from the property, a police report will be filed and tradesmen barred from entry should there be no evidence of forceful entry and asked to hand over keys and an alternate company will have to be employed. I don't doubt the integrity of any tradespeople however, you have chosen to take on all liability as above whether one is content with the decision or not.

I will also insist that you cease to defame me to council officials with slanderous, baseless accusations with speculation without any proof.

MisterBaxter

ultimatefighter wrote: »

Am I correct in sending the following letter/email?

The legal stance is clear cut for damages to personal effects.

As you are personally employing a private tradesman, in the event of a claim for damage or theft, the claim would be against the Landlord as he has employed the operatives to carry out work he responsible for any claims that will arise. If a building firm has been instructed to carry out work, the firm is responsible for any claims should any of their subcontracted/employed tradesmen cause damage to the occupiers' belongings. You have also authorised a set of keys to be carried by your own builder placing liability on the good faith of the tradesmen by the landlord.

Yes, when you do building work there will be dust and even if dust sheets were used it is unrealistic to expect the flat to be spotlessly clean afterwards however there are certain standards that people should work to, protection and a clean up is not an unreasonable expectation of any work being done.

I am receiving complaints from the flat upstairs and downstairs about the mess that is not cleaned up in the communal areas after work has been completed.

Should any items be missing from the property, a police report will be filed and tradesmen barred from entry should there be no evidence of forceful entry and asked to hand over keys and an alternate company will have to be employed. I don't doubt the integrity of any tradespeople however, you have chosen to take on all liability as above whether one is content with the decision or not.

I will also insist that you cease to defame me to council officials with slanderous, baseless accusations with speculation without any proof.

Honestly if it were me I wouldn't engage in such correspondence with the Landlord as it could make the relationship worse than it is. By all means inform him of your concerns over the fact that his appointed agents didn't provide protection and didn't clean up but if there was no other damage or losses then don't raise issues that haven't occurred. If items did go missing simply report the matter to the police and let them intervene. If your neighbours are unhappy about the dust in the communal areas suggest to them that they complain to the Landlord as he was the person responsible not you.

It sounds as though the Council private sector housing enforcement team are involved so I suggest you keep them informed of the situation and just let them get on with their job. Don't worry too much about what the Landlord is telling them, they take everything both sides tell them with a pinch of salt (I was a technical officer in housing enforcement for short time in the early 90's).

Finally your Landlord and any of his agents have no automatic rights of access to your home, if the Landlord holds keys and is entering your home without your permission I suggest that you raise this with the person you have been dealing with at the Council to get some proper advice. If you have supplied keys and have consented to work being done in your absence that is your right and you can revoke that right at any time you wish. Given the way the work has been done I would be tempted to say to the Landlord that you are no longer happy for work to be done whilst you are not present, make it clear to him that you have come to that decision because of the actions of his agents. Obviously this could delay works and under your tenancy agreement there is probably a clause requiring you to provide reasonable access.

ultimatefighter

Mr Baxter, the relationship between the landlord is already at an all time low and could not be any worse. I am dealing with someone who has not an iota of knowledge with regards to responsibilities of a landlord under the housing act. It is like dealing with a child.

Is it reasonable for me to request a break for works for the Christmas period?

MisterBaxter

ultimatefighter wrote: »

Mr Baxter, the relationship between the landlord is already at an all time low and could not be any worse. I am dealing with someone who has not an iota of knowledge with regards to responsibilities of a landlord under the housing act. It is like dealing with a child.

Is it reasonable for me to request a break for works for the Christmas period?

Presumably the people doing the work aren't planning on working throughout the Christmas period so it is not unreasonable to expect them to leave your home in a reasonable state over the holiday period.

If the relationship is a poor as you think it is then the Landlord may well see this as a further opportunity to place the blame for delays back on to you. If enforcement action is being taken against him then he will probably go back to the Council and claim that you have prevented him from doing the work.

You have to ask yourself what you think will happen if he pulls his operatives off the job now; will they return and what condition will you be left in. If any of the works relate to matters of safety then it is in your own interests to let them finish.

I would suggest getting your Landlord to commit to a firm timetable for completion of the works; tell him you want some free time over the Christmas period without the interference of the building works and ask him how he will make sure that you are going to be left in a reasonable state during the holiday period. A lot of builders will finish on Friday 18th December and won't be back until Monday 4th January but the people working in your home may be on a different timetable.