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Rental advice needed.
treelove
Posts: 15 Forumite
We rented direct from LL for 6 years with no real issues. LL didn’t get gas safety checks done every year so we paid for some checks. I reported to LL in August 14 that the sash had snapped in the old sash window in the dining room and the only way we could keep it shut was to prop it up with wood. LL came and took photos and said she would get back to us.
Agent took over management of the property in December 14. Did property inspection March 15. The window still hadn’t been fixed and this was noted on the check. We had one contact with them via telephone in July 14 regarding window. No further contact from them until called them to ask what was happening about the required repairs as winter was approaching. I was concerned at their reply.
30/09/15 I email LL asking to copy her into email communications with agent as concerned that agent have given several versions of why the repairs hadn't been completed. One of the being LL had claimed the repairs had been completed. LL happy to be copied in.
05/10/15 I inform LL via return email, we are willing to pay for repairs and provide receipts. Also,state we are finding dealing with agents very stressful and had also informed agent we were willing to do repairs at own cost.
14/10/16 We give agents 3 quotes for the window as after having various tradesman visit/cancel/rebook/givequotes the window was no closer to being repaired. Agent informed us they had given these to LL but she'd rather keep seeking her own quotes.
16/10/15 We informed agent via email we were not happy with being told via telephone that the rent was being increased by £100 pcm.We offered to pay £25 pcm raise. This was refused as was an offer of £50pcm. Agent inform us they have not been able to get hold of LL regarding quotes.
19/10/15 Agent send us section 13 notice confirming our rent will be increased by £100 on renewal of the tenancy.We are not happy with raise in light of repairs not being done but the agent tell us to accept £100 raise as LL wanted to raise it a greater amount.We agree to rise but do not sign another tenancy agreement.
18/11/15 We email another video clip,the first being 20 months earlier, to agent showing rain water coming through the electric extractor fan. Agent informs us LL wasn't happy with the quote given by a builder who had attended the property and he was trying his best to get hold of her.
29/11/15 Agent informs us LL has accepted a quote to fix the electrics in the extractor fan after clients send another video showing water coming in through the electrics.
05/12/15 We email LL to inform her that a business deal is looking likely to come into fruition and we would begin looking for properties,unfortunately, the circumstances of the following months meant the failure to secure the contract.
07/12/15 Agent tells us theyd asked LL roofer friend could visit the property and that the agent was still trying to get window quotes. We had already provided 3 quotes nearly 2 months previous.
15/12/15 We mail agent to ask for progress and whether is worth expecting any repairs to be completed before Christmas.Agent Informs us they had not heard anything from LL and it would probably be best to wait until the new year. He tells us to not use on suite bathroom. We tell him we have sealed the window to the best of our ability using stick on draught excluder.
12/01/16 We express our frustration at waiting nearly 2 years for repairs when they would have done them themselves. We inform agent we were considering getting repairs done ourselves and deducting cost from rent. Agent tells us as LL is on the case we cannot do anything.
09/02/16 We speak to Manager regarding the outstanding work and inform him our insurance is invalid in the property due to the window and their fuel bills are over £200pcm due to loos of heat through window frame. We remind him our obligations in the tenancy agreement were to keep the property free from mould which meant extra cost to us. We had also told all parties my husband has been sleeping downstairs as our autistic daughter was worried about bad men coming in through the window Manager tells us we should seek reimbursement from LL as agents can’t act on repairs without LL say. He tells us LL is in Breach of contract and we need to put concerns in writing for her attention.
09/02/16 We received telephone call from Gas tradesman who tells us LLhad text him to do a check that day and he would be arriving in 20 Minutes. Gas safety check is done. I email LL concerns of breach of tenancy as per Managers instructions. The next day we are given our notice to leave.
14/02/16 I email agent with list of items we would like clarified so we can make property right before vacating. Point 4 details a small fire which took place in the electric meter cupboard during the first year of tenancy. the fire was due to incorrect voltage for property.
05/03/16 I ask agent if property could be checked so we can put right any issues to secure the full deposit back. Agent respond they cannot check the property, it will be up to the inventory clerk on the last day of the tenancy and not the LL.
14/03/16 We tell agent we have had to they have register as Homeless. Council Housing officer asks LL why they are serving notice and was told the property was needed for an elderly aunt. Yet the agent told us it was needed for an aunt
A week before the end of the tenancy we were told LL did not want an inventory and would hand over full deposit 2 days after we left as she knew we had taken excellent care of property. I tell them we will pay and have inventory done before we hand over the keys. I then get an email from LL threatening court action if we don’t go. In the end the agent pays for the inventory against LL wishes and we hand over the keys. We had to put our furniture into storage and move into a couple of rooms in a Council Hostel. Two weeks later the property was to let.
After we left Shelter wrote to the LL. The LL stated we were a nuisance so the agent had told her to evict.She also denies the fire to which we have a copy of the report and more shocjingly the LL was there whilst the meter was changed. The LL claims we refused to leave. She also stated in her letter that as the property was Georgian ( its Victorian) the fuel cost would be high. Yet in the advertising of the property on the 26th April its states the property had a perfect energy rating(EPC) and would only cost approx. £68 pcm in Fuel! We received a final fuel bill of £171 but only £20 of this was ours, so, at the same time they were marketing it as a very fuel efficient property, the bill for the empty property showed otherwise. There was not a 'to let' board displayed and the property was advertised under a three bed description (its a 4 bed) with an increased rent of £1350 pcm.
We now want to go through the small claims court to seek cost to our fuel back and for breach of contract because the repairs were not done. How do i work out the cost which i am seeking? The agent always gave us the impression the LL was hard to contact and didn’t get back to them. We feel the whole thing was orchestrated to make us leave but I don’t think this would affect the small claims court? I suffered a breakdown over the stress and Major surgery had to be cancelled as i became to ill. The events of the last 2 years and the homelessness had a huge effect on us all. Please can someone advise how i set out my case and proceed with this all? Thank you in advance.
Agent took over management of the property in December 14. Did property inspection March 15. The window still hadn’t been fixed and this was noted on the check. We had one contact with them via telephone in July 14 regarding window. No further contact from them until called them to ask what was happening about the required repairs as winter was approaching. I was concerned at their reply.
30/09/15 I email LL asking to copy her into email communications with agent as concerned that agent have given several versions of why the repairs hadn't been completed. One of the being LL had claimed the repairs had been completed. LL happy to be copied in.
05/10/15 I inform LL via return email, we are willing to pay for repairs and provide receipts. Also,state we are finding dealing with agents very stressful and had also informed agent we were willing to do repairs at own cost.
14/10/16 We give agents 3 quotes for the window as after having various tradesman visit/cancel/rebook/givequotes the window was no closer to being repaired. Agent informed us they had given these to LL but she'd rather keep seeking her own quotes.
16/10/15 We informed agent via email we were not happy with being told via telephone that the rent was being increased by £100 pcm.We offered to pay £25 pcm raise. This was refused as was an offer of £50pcm. Agent inform us they have not been able to get hold of LL regarding quotes.
19/10/15 Agent send us section 13 notice confirming our rent will be increased by £100 on renewal of the tenancy.We are not happy with raise in light of repairs not being done but the agent tell us to accept £100 raise as LL wanted to raise it a greater amount.We agree to rise but do not sign another tenancy agreement.
18/11/15 We email another video clip,the first being 20 months earlier, to agent showing rain water coming through the electric extractor fan. Agent informs us LL wasn't happy with the quote given by a builder who had attended the property and he was trying his best to get hold of her.
29/11/15 Agent informs us LL has accepted a quote to fix the electrics in the extractor fan after clients send another video showing water coming in through the electrics.
05/12/15 We email LL to inform her that a business deal is looking likely to come into fruition and we would begin looking for properties,unfortunately, the circumstances of the following months meant the failure to secure the contract.
07/12/15 Agent tells us theyd asked LL roofer friend could visit the property and that the agent was still trying to get window quotes. We had already provided 3 quotes nearly 2 months previous.
15/12/15 We mail agent to ask for progress and whether is worth expecting any repairs to be completed before Christmas.Agent Informs us they had not heard anything from LL and it would probably be best to wait until the new year. He tells us to not use on suite bathroom. We tell him we have sealed the window to the best of our ability using stick on draught excluder.
12/01/16 We express our frustration at waiting nearly 2 years for repairs when they would have done them themselves. We inform agent we were considering getting repairs done ourselves and deducting cost from rent. Agent tells us as LL is on the case we cannot do anything.
09/02/16 We speak to Manager regarding the outstanding work and inform him our insurance is invalid in the property due to the window and their fuel bills are over £200pcm due to loos of heat through window frame. We remind him our obligations in the tenancy agreement were to keep the property free from mould which meant extra cost to us. We had also told all parties my husband has been sleeping downstairs as our autistic daughter was worried about bad men coming in through the window Manager tells us we should seek reimbursement from LL as agents can’t act on repairs without LL say. He tells us LL is in Breach of contract and we need to put concerns in writing for her attention.
09/02/16 We received telephone call from Gas tradesman who tells us LLhad text him to do a check that day and he would be arriving in 20 Minutes. Gas safety check is done. I email LL concerns of breach of tenancy as per Managers instructions. The next day we are given our notice to leave.
14/02/16 I email agent with list of items we would like clarified so we can make property right before vacating. Point 4 details a small fire which took place in the electric meter cupboard during the first year of tenancy. the fire was due to incorrect voltage for property.
05/03/16 I ask agent if property could be checked so we can put right any issues to secure the full deposit back. Agent respond they cannot check the property, it will be up to the inventory clerk on the last day of the tenancy and not the LL.
14/03/16 We tell agent we have had to they have register as Homeless. Council Housing officer asks LL why they are serving notice and was told the property was needed for an elderly aunt. Yet the agent told us it was needed for an aunt
A week before the end of the tenancy we were told LL did not want an inventory and would hand over full deposit 2 days after we left as she knew we had taken excellent care of property. I tell them we will pay and have inventory done before we hand over the keys. I then get an email from LL threatening court action if we don’t go. In the end the agent pays for the inventory against LL wishes and we hand over the keys. We had to put our furniture into storage and move into a couple of rooms in a Council Hostel. Two weeks later the property was to let.
After we left Shelter wrote to the LL. The LL stated we were a nuisance so the agent had told her to evict.She also denies the fire to which we have a copy of the report and more shocjingly the LL was there whilst the meter was changed. The LL claims we refused to leave. She also stated in her letter that as the property was Georgian ( its Victorian) the fuel cost would be high. Yet in the advertising of the property on the 26th April its states the property had a perfect energy rating(EPC) and would only cost approx. £68 pcm in Fuel! We received a final fuel bill of £171 but only £20 of this was ours, so, at the same time they were marketing it as a very fuel efficient property, the bill for the empty property showed otherwise. There was not a 'to let' board displayed and the property was advertised under a three bed description (its a 4 bed) with an increased rent of £1350 pcm.
We now want to go through the small claims court to seek cost to our fuel back and for breach of contract because the repairs were not done. How do i work out the cost which i am seeking? The agent always gave us the impression the LL was hard to contact and didn’t get back to them. We feel the whole thing was orchestrated to make us leave but I don’t think this would affect the small claims court? I suffered a breakdown over the stress and Major surgery had to be cancelled as i became to ill. The events of the last 2 years and the homelessness had a huge effect on us all. Please can someone advise how i set out my case and proceed with this all? Thank you in advance.
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Comments
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I haven't included every communication, I just added the main ones. I forgot to add we were a family of 6. Our eldest daughter had to find her own accommodation as she was over 18 and the council had would not add her to our homeless application. This really did split up our family.0
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I haven't included every communication, I just added the main ones. I forgot to add we were a family of 6. Our eldest daughter had to find her own accommodation as she was over 18 and the council had would not add her to our homeless application. This really did split up our family.
So she's housed separately by the council?0 -
We rented direct from LL for 6 years with no real issues. LL didn’t get gas safety checks done every year so we paid for some checks. I reported to LL in August 14 that the sash had snapped in the old sash window in the dining room and the only way we could keep it shut was to prop it up with wood. LL came and took photos and said she would get back to us.
Agent took over management of the property in December 14. Did property inspection March 15. The window still hadn’t been fixed and this was noted on the check. We had one contact with them via telephone in July 14 regarding window. No further contact from them until called them to ask what was happening about the required repairs as winter was approaching. I was concerned at their reply.
30/09/15 I email LL asking to copy her into email communications with agent as concerned that agent have given several versions of why the repairs hadn't been completed. One of the being LL had claimed the repairs had been completed. LL happy to be copied in.
05/10/15 I inform LL via return email, we are willing to pay for repairs and provide receipts. Also,state we are finding dealing with agents very stressful and had also informed agent we were willing to do repairs at own cost.
14/10/16 We give agents 3 quotes for the window as after having various tradesman visit/cancel/rebook/givequotes the window was no closer to being repaired. Agent informed us they had given these to LL but she'd rather keep seeking her own quotes.
16/10/15 We informed agent via email we were not happy with being told via telephone that the rent was being increased by £100 pcm.We offered to pay £25 pcm raise. This was refused as was an offer of £50pcm. Agent inform us they have not been able to get hold of LL regarding quotes.
19/10/15 Agent send us section 13 notice confirming our rent will be increased by £100 on renewal of the tenancy.We are not happy with raise in light of repairs not being done but the agent tell us to accept £100 raise as LL wanted to raise it a greater amount.We agree to rise but do not sign another tenancy agreement.
18/11/15 We email another video clip,the first being 20 months earlier, to agent showing rain water coming through the electric extractor fan. Agent informs us LL wasn't happy with the quote given by a builder who had attended the property and he was trying his best to get hold of her.
29/11/15 Agent informs us LL has accepted a quote to fix the electrics in the extractor fan after clients send another video showing water coming in through the electrics.
05/12/15 We email LL to inform her that a business deal is looking likely to come into fruition and we would begin looking for properties,unfortunately, the circumstances of the following months meant the failure to secure the contract.
07/12/15 Agent tells us theyd asked LL roofer friend could visit the property and that the agent was still trying to get window quotes. We had already provided 3 quotes nearly 2 months previous.
15/12/15 We mail agent to ask for progress and whether is worth expecting any repairs to be completed before Christmas.Agent Informs us they had not heard anything from LL and it would probably be best to wait until the new year. He tells us to not use on suite bathroom. We tell him we have sealed the window to the best of our ability using stick on draught excluder.
12/01/16 We express our frustration at waiting nearly 2 years for repairs when they would have done them themselves. We inform agent we were considering getting repairs done ourselves and deducting cost from rent. Agent tells us as LL is on the case we cannot do anything.
09/02/16 We speak to Manager regarding the outstanding work and inform him our insurance is invalid in the property due to the window and their fuel bills are over £200pcm due to loos of heat through window frame. We remind him our obligations in the tenancy agreement were to keep the property free from mould which meant extra cost to us. We had also told all parties my husband has been sleeping downstairs as our autistic daughter was worried about bad men coming in through the window Manager tells us we should seek reimbursement from LL as agents can’t act on repairs without LL say. He tells us LL is in Breach of contract and we need to put concerns in writing for her attention.
09/02/16 We received telephone call from Gas tradesman who tells us LLhad text him to do a check that day and he would be arriving in 20 Minutes. Gas safety check is done. I email LL concerns of breach of tenancy as per Managers instructions. The next day we are given our notice to leave.
14/02/16 I email agent with list of items we would like clarified so we can make property right before vacating. Point 4 details a small fire which took place in the electric meter cupboard during the first year of tenancy. the fire was due to incorrect voltage for property.
05/03/16 I ask agent if property could be checked so we can put right any issues to secure the full deposit back. Agent respond they cannot check the property, it will be up to the inventory clerk on the last day of the tenancy and not the LL.
14/03/16 We tell agent we have had to they have register as Homeless. Council Housing officer asks LL why they are serving notice and was told the property was needed for an elderly aunt. Yet the agent told us it was needed for an aunt
A week before the end of the tenancy we were told LL did not want an inventory and would hand over full deposit 2 days after we left as she knew we had taken excellent care of property. I tell them we will pay and have inventory done before we hand over the keys. I then get an email from LL threatening court action if we don’t go. In the end the agent pays for the inventory against LL wishes and we hand over the keys. We had to put our furniture into storage and move into a couple of rooms in a Council Hostel. Two weeks later the property was to let.
After we left Shelter wrote to the LL. The LL stated we were a nuisance so the agent had told her to evict.She also denies the fire to which we have a copy of the report and more shocjingly the LL was there whilst the meter was changed. The LL claims we refused to leave. She also stated in her letter that as the property was Georgian ( its Victorian) the fuel cost would be high. Yet in the advertising of the property on the 26th April its states the property had a perfect energy rating(EPC) and would only cost approx. £68 pcm in Fuel! We received a final fuel bill of £171 but only £20 of this was ours, so, at the same time they were marketing it as a very fuel efficient property, the bill for the empty property showed otherwise. There was not a 'to let' board displayed and the property was advertised under a three bed description (its a 4 bed) with an increased rent of £1350 pcm.
We now want to go through the small claims court to seek cost to our fuel back and for breach of contract because the repairs were not done. How do i work out the cost which i am seeking? The agent always gave us the impression the LL was hard to contact and didn’t get back to them. We feel the whole thing was orchestrated to make us leave but I don’t think this would affect the small claims court? I suffered a breakdown over the stress and Major surgery had to be cancelled as i became to ill. The events of the last 2 years and the homelessness had a huge effect on us all. Please can someone advise how i set out my case and proceed with this all? Thank you in advance.
This is mostly irrelevant. You are claiming for the depsoit? That is what you claim for via MCOL (assuming you went through the DPS/etc process)0 -
I think the OP wants to sue for fuel costs disrepair.
OP I have no idea what a perfect EPC is. I have never seen a property, even a new build, with an A rating on the EPC. The fuel costs on an EPC are subjective. Some people like their home warmer than others therefore it follows their fuel bills will be higher.
As for repairs the time to deal with them is during the tenancy. If after writing to the address for the serving of notices in your tenancy agreement twice your landlord did nothing you could have escalated the matter to the council. It doesn't sound like you did so that ship has sailed.0 -
No, for breach of tenancy. We full filled our obligations of the tenancy: to keep the property heated and aired to prevent mould. The LL failed in hers, to fix reported faults. But, I also feel that the agent has been unscrupulous here. We let the property for 6 years with no issues. They falsely advertised it and led us to believe we had an awful LL who wouldn't ok repairs and wouldn't let us pay for them either.0
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The energy rating and environmental impact were rated as meeting a B rating. It was advertised as meeting the optimum rating. Yet, the LL states it's an old house with high fuel bills in her letter whilst it had been advertised with the energy rating above after we left. Our friends new build eco house doesn't quite meet the expected band so how does an old Victorian house? Our elder daughter was luckily given a room in the nursing home where she worked.0
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No the deposit was given to us in full 2 days after we left. We want apply for a % of our fuel cost and breach of tenancy. The monthly fuel cost for the property we live in now is £80 pcm so we are not excessive. That property got very cold quickly and the dining room would also get mouldy with a week or so after the window broke. We just couldn't keep it properly heated.0
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You need to move on. A lot of what you wrote was hearsay, ie. the LL said the agent said, the agent said the LL said...
The repairs should have been done without a doubt, but ultimately, if things were so bad because of the lack of it, you could have moved out. You didn't and remain for many years after it became clear the repairs were not happening without escalating.
Same with the cost of heating. If you were making a loss as a result, you could have moved yourself to cut your loss. The fact that you had to heat it more than you would have wanted to prevent mould is not the LL's fault, it is the fault of the building structure, and it was your choice to go for that sort of building, ie. old.
You will go nowhere with your claim. Hopefully, you are now housed properly and you can put this stressful experience behind you.0 -
No the deposit was given to us in full 2 days after we left. We want apply for a % of our fuel cost and breach of tenancy. The monthly fuel cost for the property we live in now is £80 pcm so we are not excessive. That property got very cold quickly and the dining room would also get mouldy with a week or so after the window broke. We just couldn't keep it properly heated.
Good luck, you have no basis for a claim0 -
We rented direct from LL for 6 years with no real issues. LL didn’t get gas safety checks done every year so we paid for some checks. ....
Sigh! With the greatest respect, wrong, wrong, wrong.
Any landlord who can't be bothered to do his GSC is not to be trusted, probably "forgetting" to do other key stuff (paying tax on in rent etc etc etc...) (Next time...) move out & report landlord for not having GSC...
https://extranet.hse.gov.uk/lfserver/external/lgsr1
(IMHO: For 6 years!.........................). Others may hold alternative views..
You are perfectly entitled to sue landlord and/or agent as you see fit: However, I doubt you would get anywhere. The time to get matters sorted is when you are still there, ideally when 1st issue occurs. However, if you want to go to court start here...
https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/
Best regards to all.0
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