Housing Association - landlord problems!

robertoefc

Hi all

Quick update on this issue.  After submitting a formal complaint I contacted the HA and asked for an agent to come out to inspect the damage caused by the roofing work they'd recently instructed.  An agent from the HA duly came to inspect the damage a couple of weeks ago and advised he would instruct a contractor to repair it, but warned they are extremely busy. He recognised that the damage needs to be repaired for me to move in to the property and that the delay is causing me financial detriment, so would potentially look to instruct an 'off-book' contactor to do it sooner.

I had an email a week later (last Wednesday 22/08) to advise he was still attempting to arrange for the repairs to be booked.

On Saturday (26/08) I received a written response to my complaint, in which the HA state:

"Three letters were issued to the property address notifying you of the proposed works and dates. Letter trail below:

Initial Works Notification Letter - 3rd July 23

Change of date Works notification letter - 10th July 23

7 Day notification letter - 17th July 23"

They go on to say they cannot confirm whether the most recent damage was caused as a result of the roofing work, but partially uphold the complaint on the basis of the earlier damage they'd caused after upgrading the loft insulation.  They note that they have agreed to repair all the damage and expect this meets my satisfaction to resolve the complaint.

Suffice to say, it doesn't.  I did not receive any of the letters they refer to, which is amazing when this complaint resolution letter arrived without issue. I have asked for copies of these letters, however there's nothing to stop them from creating them now and sending them with the earlier dates on, so not sure what good it will do.  The repairs still haven't been scheduled, so I am continuing to pay rent elsewhere until it is done and I can move in. Moreover, the contractors still haven't taken the scaffolding down, even though the roof was completed 2 weeks ago. This is causing access issues to my garden and further delays me from moving in.

On another note, I contacted the leasehold advisory service last Tuesday or Wednesday and have yet to receive a response; does anybody have any idea how long I should wait before contacting them again?

As always, any advice much appreciated!

HampshireH

robertoefc said:

Hi all

Quick update on this issue.  After submitting a formal complaint I contacted the HA and asked for an agent to come out to inspect the damage caused by the roofing work they'd recently instructed.  An agent from the HA duly came to inspect the damage a couple of weeks ago and advised he would instruct a contractor to repair it, but warned they are extremely busy. He recognised that the damage needs to be repaired for me to move in to the property and that the delay is causing me financial detriment, so would potentially look to instruct an 'off-book' contactor to do it sooner.

I had an email a week later (last Wednesday 22/08) to advise he was still attempting to arrange for the repairs to be booked.

On Saturday (26/08) I received a written response to my complaint, in which the HA state:

"Three letters were issued to the property address notifying you of the proposed works and dates. Letter trail below:

Initial Works Notification Letter - 3rd July 23

Change of date Works notification letter - 10th July 23

7 Day notification letter - 17th July 23"

They go on to say they cannot confirm whether the most recent damage was caused as a result of the roofing work, but partially uphold the complaint on the basis of the earlier damage they'd caused after upgrading the loft insulation.  They note that they have agreed to repair all the damage and expect this meets my satisfaction to resolve the complaint.

Suffice to say, it doesn't.  I did not receive any of the letters they refer to, which is amazing when this complaint resolution letter arrived without issue. I have asked for copies of these letters, however there's nothing to stop them from creating them now and sending them with the earlier dates on, so not sure what good it will do.  The repairs still haven't been scheduled, so I am continuing to pay rent elsewhere until it is done and I can move in. Moreover, the contractors still haven't taken the scaffolding down, even though the roof was completed 2 weeks ago. This is causing access issues to my garden and further delays me from moving in.

On another note, I contacted the leasehold advisory service last Tuesday or Wednesday and have yet to receive a response; does anybody have any idea how long I should wait before contacting them again?

As always, any advice much appreciated!

Push your complaint to stage 2 of their complaints process. (No idea what HA it is but they should have a stage 2 before ombudsman will  be interested).

Did their response confirm what they intend to charge you?

Check their complaints policy it will be on their website.

Cannot advise on leasehold advisory I'm afraid.

Specifically what repairs are you waiting on to be able to move in? None of what you mentioned would make the flat uninhabitable. As I understood you couldn't access your property to move in which was the main issue?

robertoefc

Thanks HampshireH!

No their response made no mention of costs. I still have no idea what the cost is, and obviously was not given the opportunity to recommend my own contractor.  I will escalate to level 2 upon receipt of the letters they claim to have sent. I am waiting on them repairing my ceiling as it appears to be vulnerable to giving way, and I am waiting on them removing scaffolding in order to enable clear access to the building and garden.

Thanks 🙂

robertoefc

Hi all

Another quick update. I asked the HA to send me copies of the three letters they claim to have issued notifying me of repair/upgrade works, and had anticipated they would send hard copies through the post.  To my surprise they have this afternoon emailed me the three letters as attachments. I have posted these here.  If anybody is able to offer advice on how I should respond I'd be very grateful, because (a) the email attachments are not evidence that the letters were actually issued, which is what I was looking for, (b) they appear to be addressed to The Occupier at my address rather than to me, even though they were aware by this stage that I was the new leaseholder and (c) can these letters legitimately be considered Section 20 notices when there is no reference to Section 20 on them, let alone any reference to the three stages a Section 20 is supposed to pass through?

Thanks

Jonboy_1984

So the critical part of that is they have been granted a dispensation, rendering the section 20 process null and void for all intents and purposes:

https://www.lease-advice.org/article/major-works-and-consultation-under-section-20-of-the-landlord-tenant-act-1985-a-brief-guide-to-your-rights/

DISPENSATION FROM THE NEED TO CONSULT

A landlord may apply to the First-tier Tribunal (Property Chamber) (FTT) for a dispensation from the need to consult. They may wish to do this if the work is urgent and it is not possible to wait the 2 months that consultation can take. They may also seek a dispensation if, for some reason, they have failed to consult fully under the Act.

An application can be made prior to the work being carried out, or even sometimes retrospectively. The most relevant recent case on an application for dispensation was Daejan V Benson in 2013 made in the Supreme Court. The Supreme Court gave some clear guidelines as to the matters that should be taken into account by a tribunal when deciding whether to grant a dispensation. See the article Daejan v Benson: S20 dispensation granted to freeholders, which provides more information on the effect of this decision.

sheramber

Is there a letter box to allow delivery of letters?

Could the postie have marked the letters with ‘ no occupier . House empty’ and they went to the dead letter office.

robertoefc

Jonboy_1984 said:

So the critical part of that is they have been granted a dispensation, rendering the section 20 process null and void for all intents and purposes:

https://www.lease-advice.org/article/major-works-and-consultation-under-section-20-of-the-landlord-tenant-act-1985-a-brief-guide-to-your-rights/

DISPENSATION FROM THE NEED TO CONSULT

A landlord may apply to the First-tier Tribunal (Property Chamber) (FTT) for a dispensation from the need to consult. They may wish to do this if the work is urgent and it is not possible to wait the 2 months that consultation can take. They may also seek a dispensation if, for some reason, they have failed to consult fully under the Act.

An application can be made prior to the work being carried out, or even sometimes retrospectively. The most relevant recent case on an application for dispensation was Daejan V Benson in 2013 made in the Supreme Court. The Supreme Court gave some clear guidelines as to the matters that should be taken into account by a tribunal when deciding whether to grant a dispensation. See the article Daejan v Benson: S20 dispensation granted to freeholders, which provides more information on the effect of this decision.

Thanks jonboy! Am I to understand then that the HA can apply for dispensation in order not to be required to issue Section 20 Notices, and this can be for whatever reason they specify?

Is there any way I can find out what the reason for the dispensation was, and/or indeed whether it was actually requested and granted?

robertoefc

sheramber said:

Is there a letter box to allow delivery of letters?

Could the postie have marked the letters with ‘ no occupier . House empty’ and they went to the dead letter office.

Hi, thanks. Yes there is a letterbox and had no problems receiving any other mail, including from the HA. Only mail I did not receive are the three letters they claim to have sent notifying me of works they intended to carry out.

HampshireH

Yes if they have applied for dispensation then this is instead of the section 20 process.

They have to have a Legitimate reason. Ask for copies.


Usually the leaseholders get written to about it but it does mean no consultation period.

robertoefc

From what I understand the Section 20 legislation seems utterly pointless, as the landlord can simply neglect to consult and then subsequently request dispensation from doing so "for some reason" 😂  Which is then granted, without any recourse to informing the tenant why.  I've asked for a copy of the form submitted to the First Tier Tribunal but seems futile.