damaged tiles - not our fault!

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    damaged tiles - not our fault!

    Hi I would like to ask for some advice from you experienced people please.

    We have been renting this place for 2 years now, the LL lives abroad and we have gone through the agency all the time. We do not have the LLs address abroad (is this right??) They are now back in England for a visit and have asked to come around in a few days to see the house. Have not met them before.

    During our tenancy there have been a few issues (mainly minor) with the house and we have asked the LA to fix them (in writing). However most of them have not been fixed. Some of them do not really affect us (for example flashing coming off roof on extension) we just thought we should put it it writing as none of them were caused by us and we don't want to be blamed/charged when we come to leave here.

    We don't know whether its the landlord who can't be bothered, or the agency. Yet the LA still come round every so often for an inspection, been a couple of times.

    Anyway, a few weeks ago there was a loud noise and a massive crack appeared in one of the bathroom floor tiles, the one right in the middle. We did not cause this, we dropped nothing heavy on it. The only possible cause I can think of is that, as is common with 80s/90s builld houses, the upstairs floor boards are very squeaky and I'm guessing are probably made of sheets of chipboard rather than proper floorboards, and that therefore there is a lot of movement which has caused the crack.

    I haven't bothered to report this yet as nothing ever gets done. But what shall I say to the LLs when they come round? I am NOT prepared to pay to have their bathroom floor retiled.

    Another thing is that their mail redirection ran out (Royal Mail only allows this for 2 years apparently) and we occasionally get post for them which we have been 'returning to sender'. A few months ago the LA requested that we bring any post for the LL into their offices., which is in a different town 5 miles or so away, so quite inconvenient - so we have ignored this. We know the LLs have relatives living in our own town, so why can't they come to pick it up?

    Anyone know what our position is on this?

    Thanks for any advice.

    #2
    To summarise I have 3 questions

    What do I say to the LLs about the broken tile?

    And about their post?

    And should I have their address abroad?

    Comment


      #3
      Hi

      You are best to report the issue with the tile as soon as possible. Explain as you have here re the bang etc and ask them to investigate what the cause could be. Just incase there is some underlying issue.

      If the letting agent has frequently ignored your request to have items repaired in the property then ask again, and again until the issues are resolved as you pay for a property in the condition it should be. Flashing loose on a roof can potentially cause damage to your person or personal property... also it causes other problems with the property and can progress to a substantial amount of damage eg leeks should they progress.

      Very few landlords will ignore an issue where it could cost them a large amount in the future.

      Yes you should have an address for a landlord provided to you - where they live aboard there can be an alternative UK address used. This has to be an address that you could serve notice to is required.

      Re the mail - there is no obligation for you to put yourself out - if you retain the mail and tell the LA they are very welcome to collect this whilst you are home or the Landlords family can collect it until they are able to set up a new redirection to their UK address

      Comment


        #4
        Thank you Springfields.

        Re: the ll's address, it is given in our contract as care of the Letting Agents. So is this acceptable? It s just that if we send anything via the LA I imagine they are likely to read it before passing it on?

        I shall suggest to them they give us their contact details abroad. I know the previous tenants had this.

        Comment


          #5
          yes it should be on the 1st page of the contract for you .... though the LA could of used theirs

          It maybe more time effective to ask your agent to supply the landlords mobile number or you could go down the route of asking the agent where to drop off the post locally and then passing on the letter to the relative to cut the agent out all together in handing on your complaint letter!!

          Comment


            #6
            Originally posted by Marisol View Post
            Thank you Springfields.

            Re: the ll's address, it is given in our contract as care of the Letting Agents. So is this acceptable? It s just that if we send anything via the LA I imagine they are likely to read it before passing it on?

            I shall suggest to them they give us their contact details abroad. I know the previous tenants had this.

            There are 2 issues with addresses.

            Section 48 of the 1987 Landlord and Tenant act requires you to be given an address in England & Wales where you can serve legal notices. This is often the agents address.

            However, there is also section one of the 1985 Landlord & Tenant Act that requires an agent to give you the landlords contact details if you make a request in writing. Failure to do so within 21 days is a criminal offence with a fine of up to £2500. There are some who feel that an agency address is sufficient for this, but I disagree on the basis that you have to already have the agency address in order to put your request in writing!

            Comment


              #7
              Originally posted by Snorkerz View Post
              However, there is also section one of the 1985 Landlord & Tenant Act that requires an agent to give you the landlords contact details if you make a request in writing. Failure to do so within 21 days is a criminal offence with a fine of up to £2500. There are some who feel that an agency address is sufficient for this, but I disagree on the basis that you have to already have the agency address in order to put your request in writing!
              Agent's address is not sufficient. Section 38 explains why:

              38. Minor definitions.

              In this Act:
              “address” means a person’s place of abode or place of business or, in the case of a company, its registered office;
              ...


              So the only acceptable address for L is:
              a. where L lives;
              b. where L has own business; or
              c. [company only] L's registered office.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Thanks Jeffrey - I think Lawcruncher (iirc) sees it differently.

                Comment

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