Threatening ex-tenant

susaq12

G_M wrote: »

1) Make sure all evidence, and statements, are submitted to the arbitrators about the fridge. The more comprehensive the better. Remember a LL cannot claim 'betterment', so if it's an old fridge, the age will be taken into acount

The arbitrators will simply look at the evidence submitted by each side, so the more the better

2) The roof. Sounds like the LL/agent responded reasonably prompty. It's unclear though only external examination took place. If the tenants refused access, this will destroy their case, but it's unclear why no one went inside. It's also unclear what the problem was.
But given the ceilig had not collapsed, and still hasn't, I doubt a court would agree the property was uninhabitable.

Without knowing all the facts (see Qs above) it's hard to advise, but it appears there is no real case to answer and the LL should simply wait and see if the tenants go to court or not.

3) I've no idea how Rent Smart WALES operate, but I imaging if they receive a complaint, they will write to the LL, who can then respond. Provided he can show he responded to the initial complaint (patio doors etc) reasonably (ie without excessive delay, and with appropriate remedial action), then I see no problem.

Thank you so much for this, it really has given me a great basis to argue our point, and highlight those areas we are lacking.
Nothing as far as I am aware has been submitted yet to the arbitrators. I have requested information from the agent which I am still waiting for. Once received I will prepare my sons case. I have pictures from the inventory but have never had any further reports from the agent. I don't think they did a quarterly inspection as promised when this problem could have been raised.
I only have one quote which the agent obtained, I will endeavour to find another today.
The fridge cost £600 so not overly costly but it was 2 months old when the tenancy commenced so is only 8 months old now. The inventory shows the whole as as clean and in good working order - it's was renovated throughout since my son bought it 3 years ago.
Both the contractors we used are roofers - one fitted the ceiling lantern in the kitchen roof so we went to him first. He couldn't see any damage around where the agents roofer had commented and so referred us to a local flat roofer who could do the repair.
He couldn't see any obvious signs of damage or leaking from the outside and so spoke with the agent to gain access. (He was only in Spain for 3-4 days).
The agent told us we couldn't go in, we all have keys. I enquirer about writing to give them notice but they wouldn't do this? We asked if we could serve notice but were told to stay clear.
As the property was to be marketed for sale the tenant was contacted many times for access for a valuation. He refused to allow this to happen and point blank refused for viewings.
We were at the mercy of the agent and as they had already told us he was reporting my husband to RSW we abided by their advice.
Yes they paid their full rent, up to date.
We were told there was water leaking through the roof lantern but as this is the centre point it doesn't mean this was where the leak originated from.
The roof was finally repaired at the end of the tenancy 15/2 when the agent let the roofer in.
The issue with the conservatory doors were the handle became a bit stiff. He reported it on the 24/11 and my husband sprayed some WD40 on it on the 28th. It didn't prevent the doors being locked.

[Deleted User]

Wouldn't the fridge still be under warranty? What was the damage?

Leaving a new £600 fridge with a tenant probably wasn't a clever idea lol.

DoaM

A warranty is unlikely to include for user damage.

Does the fridge actually still work OK and it is only cosmetic damage? Or has the fridge stopped working?

Pixie5740

It doesn't matter if there was a £1,000 fridge freezer or a £100 fridge freezer in the property the tenant shouldn't damage it (although I accept that accidents do happen) and if the tenant does damage it then the landlord can legitimately deduct money from the deposit. If the landlord and tenant can't decide between them what's a reasonable deduction then leave it up to the deposit scheme's arbitrator.

As for the tenant taking the landlord to court over the leaking roof well anyone can take someone to court for something, doesn't mean they'll win. I think the tenant is blowing smoke but if it does go to court then the landlord just has to demonstrate that he took reasonable steps in a reasonable time frame to sort the repairs and hopefully that will be enough for the judge.

As for reporting the landlord to Rent Smart Wales for some text messages that sounds ridiculous. I doubt the landlord has anything to worry about on that score.

susaq12

G_M wrote: »

1) Make sure all evidence, and statements, are submitted to the arbitrators about the fridge. The more comprehensive the better. Remember a LL cannot claim 'betterment', so if it's an old fridge, the age will be taken into acount

The arbitrators will simply look at the evidence submitted by each side, so the more the better

2) The roof. Sounds like the LL/agent responded reasonably prompty. It's unclear though only external examination took place. If the tenants refused access, this will destroy their case, but it's unclear why no one went inside. It's also unclear what the problem was.
But given the ceilig had not collapsed, and still hasn't, I doubt a court would agree the property was uninhabitable.

Without knowing all the facts (see Qs above) it's hard to advise, but it appears there is no real case to answer and the LL should simply wait and see if the tenants go to court or not.

3) I've no idea how Rent Smart WALES operate, but I imaging if they receive a complaint, they will write to the LL, who can then respond. Provided he can show he responded to the initial complaint (patio doors etc) reasonably (ie without excessive delay, and with appropriate remedial action), then I see no problem.

deannatrois wrote: »

Wouldn't the fridge still be under warranty? What was the damage?


Leaving a new £600 fridge with a tenant probably wasn't a clever idea lol.

We've learnt that lesson don't worry lol

susaq12

Pixie5740 wrote: »

It doesn't matter if there was a £1,000 fridge freezer or a £100 fridge freezer in the property the tenant shouldn't damage it (although I accept that accidents do happen) and if the tenant does damage it then the landlord can legitimately deduct money from the deposit. If the landlord and tenant can't decide between them what's a reasonable deduction then leave it up to the deposit scheme's arbitrator.

As for the tenant taking the landlord to court over the leaking roof well anyone can take someone to court for something, doesn't mean they'll win. I think the tenant is blowing smoke but if it does go to court then the landlord just has to demonstrate that he took reasonable steps in a reasonable time frame to sort the repairs and hopefully that will be enough for the judge.

As for reporting the landlord to Rent Smart Wales for some text messages that sounds ridiculous. I doubt the landlord has anything to worry about on that score.

Thanks for the reply. This is what I was hoping, even if we only get a small amount of compensation. He has actually admitted, in writing, that they damaged the fridge but it was down to 'poor kitchen design' as you can't open the fridge door when the oven door is open and he never received instruction on how to avoid this. He has even said he pointed out to the agent not to do it on the inspection as it'll mark the door. Pity they didn't take their own advice!

I've been trying all day to,source someone who can repair it for less but no joy so far.

Rosemary7391

Penitent wrote: »

Well, I've obviously been using my oven wrong all these years. I only open it to put things in or take things out, but obviously normal people have it hanging open all the time. (Seriously, though, what kind of instruction was he hoping for? "Close this door before you open this one." A diagram, maybe?)

Me too - in fact, I make a point of keeping both oven and fridge doors closed wherever possible! They both work better that way...

More than half the cost of the fridge to repair cosmetic damage does seem excessive. £375 for a big scratch! I'd try to get some other quotes - if everything works fine, it seems unlikely that the entire door+electronics etc needs to be replaced, hopefully it's designed in such a way that the outer panel can be replaced alone. Saying that, repairing things seems to be out of fashion at the moment so it might not be possible

susaq12

So today's main updates (for which I need more help) - the ex-tenant had sent an email to the agent stating their claims (fridge/roof/RSW). We had to provide a postal address for my son for communication which has been done.
Ex-tenant has provided a direct email address for me to respond to him. I have responded to the agent and asked for them to forward my response - this has been denied (stating as the tenancy has ended it's nothing to do with them). I have asked for a postal address to reply - declined.
So basically, do I have to reply via email? I can't guarantee receipt or reading of any communication whereas at least I could get proof if I sent by recorded delivery. Am I being unnecessarily cautious?
While I'm not bothered if I can't respond to his nonsense I am concerned it will go against me if I fail to enter into negotiations on the basis of a common ground for communication.
When I asked the agent she has advised us to seek legal advice! There's no application to the small claims court yet so does anyone think this is worthwhile?
I'm generally not a stupid person (believe it or not) and common sense says not to bother but I'm worried with this comment.
What are my best steps to get the requested evidence from the agent as they seem to be avoiding my requests.
Aaaaaarrrrrrrrgggggghhhhhhhh!!!!!

anselld

They are your Son's Agent. Your Son is entitled to access to everything they hold with respect to the tenancy. He should instruct them to forward their entire file if they are no longer acting on his behalf.

Why are you responding anyway. It is surely a problem for your Son to deal with.

G_M

So agent no longer acts for you. Therefore ignore tenant but obtain the file.

Has tenant given you a forwarding address? Or given agent a forwarding address? If not, you can't respond.


Go straight to dispute scheme with your proposed deductions (get that repair bill verified first though) ad a request for deposit to be released to you.

Roof? as previously advised: ignore.

Smart Wales? as previously advised: ignore.