repair costs and landlord/Agent harassment

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    repair costs and landlord/Agent harassment

    Hello Forumgoers


    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Joint tenancy AST for 12 months

    Q3 – What date did current TA start dd/mm/yy? 1 December 2018

    Q4 – How long was initial fixed term (6/12/24 months / other)? 12 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? it was monthly but we asked to be weekly

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? not sure what is it? we gave £2200 rent deposit

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). no

    Q8 – Does the landlord live in the same property as the tenant? no

    Since I found so much useful knowledge on this forum and website I decided to ask a few questions before I go mad renting in London. Apologies for the length and scope of my questions.


    We have moved in last December the flat was newly renovated and it is in a house with multiple units.

    It all seemed professional on the start we paid the deposit to the supposed owner of the place and moved in.
    Unfortunately, it all went when I caused water damage by overflowing the bath tube end of December. The damage was minor and required only regluing and repainting the wallpaper. "the landlord" starting to sending inflated estimates to sometimes reach £950 and asking us to pay to tear off replace wallpaper and redecorate with a lot of messages freaking out my girlfriend, so we agreed to put aside £600 from our deposit to cover the repairs. We have not received any invoices or photographic documentation, and the repairs were minor and did not include wallpaper removal and replacement just regluing and repainting( as stated in the estimate, I received multiple other estimates which never exceeded £300)

    Recently I overflow the bathtub again the damage is a minor bit of unguled wallpaper and fuse has blown out I happy to compensate for the accident but not inflated invoices.


    Here is a small list of things we got through besides water damage

    1 Blocked drain in the kitchen affecting boiler (fixed)

    2 Leaking roof ( still not fixed after two months)

    3 Blocked toilet (fixed) "the landlord" sent his plumber ( without informing me about the cost or advise me to go buy a plunger) cost £45 10second job, the plumber did not ask for the payment, now I'm getting a chain of text and WhatsApp messages demanding payment cash in hand for a fake invoice ( no company address just agent name and my address I rent from Ltd company) The agent is refusing to state his official address for the correspondence and it is not present on the tenancy agreement ( we did not receive the energy certificate) . I'm happy to compensate part of this cost but not cash in hand and by bank transfer.

    4 Moth infestation The flat we live in has an attic the only access to it is through our flat there are leftovers from 40 years ago when the owner sold the house suitcases boxes and so on. The moths are coming from there and from the fan exhaust in the bathroom. I asked for pest control but got refused and told to pay for it. We ordered some anti-moth sets from Amazon, but it is not working.

    5 Our pay as you go electric meter as used to supply energy to the common corridor and outside lights ( not sure if it sorted out since I can't see the separate meter)

    The agent arrived last weekend to replace the fuse ( no light in the corridor ) and have a chat with us. He admitted that he did not own the property and said the actual owners might give us the notice because of the damage.

    Overall we have received tens of messages by text and WhatsApp ( even at 8 am Sunday), multiple frequent home visits. The constant text and WhatsApp demands to leave cash for him in the corridor ( the toilet blockage) or demands to speak in person to carry out discussing. I have seen him way too often, and I would like him to cease sending me messages on my phone if it not an emergency. I really can't enjoy this place in peace, and if possible I would like to get this resolved by ADR when we will be moving out till then I don't want to speak with him in person anymore just formally by email.


    Again apologies for the length of it I appreciate all the responses.

    Regards





    #2
    One more question what if my agent is not registered with the redress scheme?

    Comment


      #3
      How did you manage to overflow the bath twice?
      If I was your landlord I would have tried to end the tenancy.
      Sue the agent - it will keep you busy.



      Freedom at the point of zero............

      Comment


        #4
        I'm really asking my self this question constantly! As I said the damage was minor and might have something to do with the plumbing set up.

        Comment


          #5
          Originally posted by Admonster08 View Post
          One more question what if my agent is not registered with the redress scheme?
          Report them to the council trading standards department.

          Comment


            #6
            The landlord can't require compensation for damage, especially from the deposit, until the tenancy is over.

            Comment


              #7
              If you don't want to communicate via any other method than email then let him know that you only want to communicate via email then block his texts and WhatsApp messages. Asking to only communicate via letter can be best effective as it takes much more effort for him to write a letter than email etc. Once you have dealt with an issue he brings up then you don't need to respond any further so ignore any further communication from him on that issue.

              If you feel the agent continues to contact you too often about matters already dealt with then you can write and say you feel it is a breach of your quiet enjoyment and ask him to stop. If he doesn't then stop you would have to take legal action. But often the most effective way to stop harassment of this type is to stop giving any response to it.

              Speak to council environmental health department regarding the moth infestation.

              Comment


                #8
                Wallpaper in a bathroom?

                Comment


                  #9
                  Originally posted by MdeB View Post
                  Wallpaper in a bathroom?
                  Came with mine. It is half tiled, but the rest is wallpaper painted with bathroom and kitchen emulsion. It's above all sources of water (except the flat above).

                  Comment


                    #10
                    Hi All,

                    Thank you for all the responses.

                    the Agent sent us an email asking to pay for the repairs now or at least pay something every month. and if this is not possible and then he wants to serve us a notice and wants to carry out extensive examination if we need to carry out additional repairs between floors and it not possible when we are using the flat. It is a veiled threat to get more money for the repairs. Could you please advice so we won't get abused financially because of minor damage?

                    Regards


                    Comment


                      #11
                      The agent can only serve notice to end after the first 12 months of the contract, unless they can show that you are in serious breach of the terms of the tenancy agreement or have not paid the rent.

                      There are other grounds, but they're very unlikely to be successful in court.

                      So I think I'd decline the examination, to pay for any repairs until the end of the tenancy and see what they do.

                      Point out that so far none of the estimates has been adjusted for normal wear and tear, which they should have been.

                      If the agent isn't a member of a redress scheme, report them to trading standards.

                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        You do not have to pay anything before the earlier of
                        1. the work being completed, and
                        2. the tenancy ends.
                        If the work is purely cosmetic and you are happy to live with the damage, then you do not have to agree to the work being done whilst you are in possession (the longer you leave it, the less the loss to the LL and hence your liability).

                        If you do want the work to go ahead whilst you are there, then
                        1. You should get your own quote for the work (for comparison with LL quote), and
                        2. You should agree the wear and tear deduction (proportion) before agreeing to the work.

                        Comment


                          #13
                          Originally posted by leaseholder64 View Post
                          The landlord can't require compensation for damage, especially from the deposit, until the tenancy is over.
                          Unless the tenancy agreement provides to the contrary (which I have never seen) a landlord can claim for damage as soon as it arises. Whether he can call on the deposit depends on the terms on which the deposit is held and there again I have never come across terms which say the landlord must wait until the term ends.

                          Comment


                            #14
                            The claim is for compensation for a loss that wasn't envisaged when the contract was entered into - i.e. not fair wear and tear.
                            And it has to be mitigated because it's contractual.

                            Waiting until the end of the tenancy would possibly minimise the amount claimed, provided the lack of repair didn't cause any increase in the loss itself.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment

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