Using 6-month break clause; L refusing to do works

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    #16
    No, the only thing we have is a letter each from the DPS. I must admit though that this is our second rental and we didn't have one before either.

    That having been said - I've never done one for our tenant and all the start up was dealt with my the agency.

    Are we in bother now?

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      #17
      Originally posted by salsal View Post
      No, the only thing we have is a letter each from the DPS. I must admit though that this is our second rental and we didn't have one before either.

      That having been said - I've never done one for our tenant and all the start up was dealt with my the agency.

      Are we in bother now?
      No. In theory, your Ll should have issued you (and you, your tenants) with this 'prescribed information', but I would not hold out in the hope it will prevent the s21 taking effect. (Fill it in and send it to your tenants, though).

      I think you need to put your energies into certainties now, not vague possibilities. If you tried to claim against your LL for this, all he would have to do is fill in the details on this form and you would be no further on. It might prevent the s21 taking effect but I doubt it. You are just prolonging the agony.

      Find a new house. Good luck.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #18
        Originally posted by mind the gap View Post
        No. In theory, your Ll should have issued you (and you, your tenants) with this 'prescribed information', but I would not hold out in the hope it will prevent the s21 taking effect. (Fill it in and send it to your tenants, though).

        I think you need to put your energies into certainties now, not vague possibilities. If you tried to claim against your LL for this, all he would have to do is fill in the details on this form and you would be no further on. It might prevent the s21 taking effect but I doubt it. You are just prolonging the agony.

        Find a new house. Good luck.
        The current s21 is invalid - but don't tell anyone just yet - if you wait until your LL starts the court process and then reveal his ommission then he will have to issue a new s21, having issued you with the 'prescribed information' - thus giving you an extra 2 to 3 months to find somewhere if you need it.

        Of course, this depends on you not having received it - not just having forgotten you'd had it. If LL comes up with proof of posting or some other proof in court, you'll be scuppered.

        The vital bit is in the Housing Act 2004, section 215(1)(b).

        As MTG says, make sure YOUR tenants have this info as it is as much a requirement as protecting the deposit in the first place and is subject to the same 3x penalty.

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          #19
          NOW willing to do repairs

          Morning all

          I should change my name to frustrated

          I put a thread on not so long ago asking for advice on a landlord who refused to do repairs. Then I continued the saga telling you that they had served us with a section 21(b).

          The next step is to suddenly want to start having access to do all those repairs whilst we are in our 2 month notice period. The good news is that we have found somewhere else but we cannot move in until June so we have to sit out the notice period here.

          One of the jobs is massive and will involve a week of dust, skips, workmen and no parking. Do we have to let them come and do it or would we be unreasonable to refuse. The last thing we want to be doing is packing dusty stuff and adding the cleaning up after workmen to the cleaning for the final inspection. We're not unreasonable people but I feel they should leave these repairs now until after we have moved out. Especially the big job as it will be much easier for the workmen without all our belongings
          Last edited by salsal; 10-04-2010, 09:24 AM. Reason: (spelling mistake tut tut)

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            #20
            My understanding is that you do not have to allow access.

            Perhaps be willing to negotiate however, a rent reduction perhaps?

            I must admit, if I had problems in the past with LL, I would be disinclined to allow access at all.

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              #21
              There are hundreds of threads on access on the forum but in essence you can not restrict the LL from completing their repair duties under section 11 of the 1985 LTA but you are also entitled to "quiet enjoyment"

              What is the massive job? is it repair work that ensures one of the three things?

              1. You have adequate heating and hot water
              2. You have access to proper sanitation
              3. The house is wind and water tight

              If it not one of the above the LL has no right to do work and must either wait for you to leave or provide alternate accomadation.

              Personally if the property is habitable then I would refuse access, does the front door has a Yale type barrel lock rather than a mortice lock (with a normal key). If so change the barrel it costs about £12 and is very easy to fit, but keep the old one and put it back on afterwards

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                #22
                I agree that access for a job like that should be refused. The lawful rights and wrongs are vague (search for "Quiet enjoyment") but there is a general consensus that you could refuse access to landlord or letting agent or prospective tenants - so I am sure you could refuse access to a stranger with a jack-hammer.

                In real terms, what could the landlord do about it? He wouldn't be able to withold anything from your deposit and he couldn't force entry. He could possibly take you to court if your refusal cost him any money - but as he has had so long to do these works, I can't see a court considering your refusal unreasonable. Also, it probably wouldn't be worth his time & money even trying for court.

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                  #23
                  From your previous thread
                  Originally posted by salsal View Post
                  We have been waiting 8 months for a new garage roof and the plumber came out 5 times for blocked water pipes in the bathroom. We were given £150 rebate on that after being without a bath or shower for 5 days. After the 5th episode we demanded that they fit an electric shower.
                  Originally posted by salsal View Post
                  Last week I called Environmental Health to ask how we can get rid of the mold on the outside wall after the LL said it was our fault. We haven't yet had the report but the LL was advised by the EHO but I had already told her. She was here when I told the EHO that I only wanted that advice but he said he had to check the whole property
                  So, it's quite possible that the EHO is compelling the LL to make the repairs. In answer to your question, is it unreasonable to refuse access - Partly yes, because you're the one who demanded the repairs and complained to EHO; partly no, because you've since been given notice and it's reasonable not to want the disruption when you won't be enjoying the benefits of the repairs.

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                    #24
                    Hi

                    Thanks for all your comments

                    We have had the report back from the Environmental Officer and he had asked for outside work which was done immediately. The garage roof is the big job and he wasn't interested in that at all as it isn't live in. The garage roof is extremely mouldy and would probably put new tenants off so I can understand why they want it doing but a week of inconvenience is just not worth our while anymore.

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                      #25
                      Two threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

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