Problem with a Letting Agent/Landlord.

Discussion in 'Finance, Property, Law' started by panzerknacker, Aug 31, 2011.

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  1. Wonder if anyone can give me a heads up on this.

    In April we had to move out of our home due to a fire. We found a reputable letting agent in our local area and rented a property from him on a month by month basis. We had to take the property on as we had exhausted the credit card on hotels while the Insurance Company messed about arguing as to whether they should pay our accomodation fees. When we viewed the property, we noted there was an ageing boiler in the rear bedroom, although it looked ok (As in room sealed) we decided not to sleep in it ourselves or let our little boy sleep in there due to the age of it and the fact the front panel had been held in place with insulation tape. We waited for the Landlord to provide the Gas safety certificate, he never did, even though it was requested twice. When we started moving our property into the house, we noticed a large volume of mouse droppings in the Kitchen cupboards, we contacted the Landlord who advised us he would sort the mice problem out, he was contacted twice more, he finally said that we had to sort out the problem ourselves as a Landlord he has no obligation to deal with rodents. In the four months we spent in the property, we caught in excess of 20 baby and 5 Adult Mice which were getting through a hole in the building structure (Obviously we have photo proof of this). Finally, the boiler packed in due to pressure loss, when the plumber came round, he said there was a problem with the front panel and it needed a part, he also said the boiler needed replacing, but as a contractor who works for this landlord he wouldn't elaborate on why the boiler needed replacing, especially when I tried to prise it out of him. In the end our house was finally finished by the building contractors and we gave our notice to the hovel we were in and left. Today, I've received a bill of nearly 500 quid for 'cleaning and painting' of the property stating that we hadn't cleaned the property nor touched up the walls after we left. As far as we're concerned, we left the property in a far better condition than when we moved in. I rang the Landlord and basically said I was seeking Legal Advice, so I'd leave my written reply to him until I've spoken to a solicitor. Unfortunately I can't do this for a short while due to the solicitor who I normally have dealings with since the fire is on holiday until the 9th September. Anyone on here with expert knowledge of boiler safety/environmental services can point me in the right directions as to whether or not I should give this **** near on 500 quid to hoover the carpets or is the legal way the correct way for me?
  2. You should have given a copy of an up to date CP12 landlord's gas safety certificate,(although unlike MOT's etc they can be bought over the counter and filled in retrospectivley by a bent engineer)
  3. Yeah, I've been trawling through the net about it, I'm trying to work out whether I can hit them for a breach of contract by not providing it within 28 days. I really want to smack the Landlord, but A. It's not worth it and B. I've got no power in my body after another surgery to make the smack count.
  4. TheIronDuke

    TheIronDuke LE Book Reviewer

    Does she own property or have a life insurance policy?
  5. H3

    H3 LE

    Suerly your lettings agent should be dealing with all this ...... They should be chasing the landlord not you !
  6. I presume the deposit was in a deposit protection scheme?

    I've heard that the deposit schemes rarely refuse to pay back the deposit unless there is clear abuse rather than normal wear and tear, which is what yours sounds like

    I'd think that the gas safety cert is a can of worms that could get the letting agency in a lot of trouble, a call to the council might be interesting...
  7. This might help: Gas safety FAQs - tenants if you haven't already found it. I had a problem with my previous landlady not repaying my deposit when I moved out, and threatened to report her as I had never received a gas safety certificate in the 13 months I'd lived there. It was obviously enough of a threat for her as her husband turned up two hours later with the deposit in cash.
  8. Looks like they're in cahoots, Letting Agent is close personal friend of Landlord, Landlord is Estate Agent, house is personal property of Landlord who gets his mate the Letting Agent to let it out for him.
  9. Why, you looking for short lived love?
  10. speak to Porridge gun, he's boned up on all aspects of tenant law etc and is a slum lord to boot so will explain to you how he might try and wriggle out of it.

    Failing that sell the problem to some Serbs who can bolt cropper his nose off and feed him it.
  11. He may also ask for sexual favours in return, he knows how gorgeous I am.

    And thinking of PG being a Landlord brought Hidden Camera straight to mind.
    • Like Like x 1
  12. Just to update y'all.
    After receiving a shitty letter from him again demanding the cost of cleaning, I went to his Letting Agent business armed and basically told him to **** Off. I couldn't be arsed trying to be nice, I just dropped a couple of pictures of the make/model of the boiler, pictures of the cover hanging off exposing live wiring and a few pictures of dead mice including a right big pile of shite that they'd dropped under the stairs. The ball is now in his court, if he wants to go to court then that shall be his decision, I'll see him there.
  13. Panzer. Have you had the deposit back yet? ALL deposits have to be placed in a Tenant Deposit Scheme - and its a strict liability offence; if there is no TDS, then the landlord is fined 3x the deposit which is paid to you. Thanks to some clever shenanigans, a lawyer has buggered up the Acts intentions and the landlord has until the day of the court hearing to open a TDS and place the deposit in it (even if the tenant has already moved on), BUT still good to know.

    Do you have photographic evidence of the state of the house when you occupied, and when you left? You will need them. Not just of the boiler and mouse droppings. Did you request copies of the gas safety certificate in writing, ditto other issues such as mice and the boiler in general? These all help to strengthen your case. IF the other side "produce" a certificate, you can still attack its authenticity - such as asking for evidence of the [non-existant] notice the landlord gave you of the visit, and the physical evidence of when the visit was arranged with the engineer. Extreme, but might just be necessary.

    I'd also be looking at the legal cover on my insurance policy in your shoes, and whether you have a claim against the insurance company if they were responsible for providing alternative accommodation...
  14. I had almost the exact same issue in my last property and my advice is as follows.

    The gas safety cert alone is enough for you to sue him. Legally landlords have a 24 hour turn around on this when it is requested (I asked my letting agency), as if there is an issue with the boiler/central heating (or anything else done by gas) then it could potentially be fatal. We had a dodgy boiler that when it fired up, let out massive shots of gas that required us to open up the windows in the kitchen to get rid of the gas, we asked for a cert from the letting agency, and less than 24 hours it was done and boiler got replaced at landlords cost. Letting agency let us know that there was a legal requirement for it to be done so fast due to the potential deadly nature of the gas.

    As for rodents (we had rats scurrying through the walls), it is the tenants responsibility to remove them if there is no mention in the contract, however costs incurred with this can be reclaimed if damage has been done to the property that you have fixed (EG cupboard fixings broken, or holes in walls, and things of that nature).

    Thankfully my insurance covered this (I got tenants property insurance including contents with Barclays Bank), and they got Rentokil to do the job in my old place, for which I had to leave the house for 2 days with mrs, daughter, and pets. The bank put us up in a hotel whilst they put the pets in the local vets "hotel" facility. Not bad for £75 excess and £15 a month cover!

    I hope this helps you!
  15. Cheers Tiny, no, we never put a deposit down, we did a Inventory when we moved in which was witnessed by a mate of mine in Greater Manchester Police in which the Boiler and Mouse activity was noted. As a bit of a jape, I've billed him for carpet cleaning, we had a mate do it at mates rates, but now he's been invoiced for each room. The Gas safety Certificate is not among the contract, which each page is numbered so he can't say it's among the paperwork and yeah, we requested the cert in writing once and once over the phone. The Boiler itself was held together with electrical tape when we moved in which is both photographed and on the inventory and then photographed again when the Plumber left the front panel hanging off.