Few Issues

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    Few Issues

    Im having a few issues with my Landlord and was looking to see what was reasonable (hopefully you can help)

    1. We agreed that a new door would be fitted to a shed before moving in with the letting agency (hence paying £100 per month more, and have this in writing) this then didn't happen for 7 months despite weekly/monthly harassing of the Letting Agency (who were blaming the landlord) - Do I have fair grounds for asking for the difference in rent back over this period in time? Can I also ask for interest on this amount?

    2. Shed door also came off the hinges hitting me on the head (which the letting agency were informed of being being in disrepair 4 months earlier), and were informed of when the incident happened (it then was fixed in a week) - Im pretty sure I have a PI claim here but it will be through small claims

    3. In the contract if I miss an arranged appointment with the agency there is a £25 fee, the agency missed an appointment with me (Im getting picky now) do I have grounds for asking them for the same charges back although it is not stated in the contract.

    4. Similar as 3 but on change of account details, can I charge the same admin fee they would charge me?

    Final part is who should I be going after, the letting agency or the landlord (as the letting agency will not give me contact information)

    Thanks in advance, and sorry if this is in the wrong place, or has already been answered

    V


    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? Sole Tenant
    Q3 – What date did current TA start dd/mm/yy? Nov 15
    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)? Monthly
    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? Yes on moving in
    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). N/A
    Q8 – Does the landlord live in the same property as the tenant? No

    #2
    1 - Yes. The interest will be a bit of a bugger to work out. Personally I wouldn't do it while I was still a tenant.
    2 - Don't be silly.
    3 - No. That sounds like a penalty charge, though, and is possibly not enforceable.
    4 - No, and that's possibly not a penalty charge.
    5 - The landlord. The letting agency should give you the landlord's name and an address where you can serve legal notices and pay rent if you are still the tenant and make the request in writing.
    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


      #3
      Thanks JP - Im guessing the timelines I can go back to claim on are in line with small claims?

      Just on item 2, the door was in need of repair due to damp and the woodend frame coming apart, from my limited PI knowledge (and already seeking some legal advice on that one) as the agency / landlord were in formed of the disrepair and and failed to act within a reasonable time there is grounds for a PI claim, however as it would be sub £1000 it would need to be issued via a letter of intent, and then through small claims?

      Not trying to be argumentative on it, just wanted to get everything out there!

      Really grateful for the advice!

      Comment


        #4
        No problem.

        You have six years to make a claim (the clock starts with the initial failure), so six years for the first month there was no door for the first £100, then on another month for the next month etc.
        You would have to establish that the £100 of rent was specifically intended to reflect the value to you of the door (or a working fully functional shed), ie, you'd have to show that the landlord's failure to meet their contractual obligation caused you to overpay the specific amount agreed for that element, otherwise you'd have to show the failure to perform cost you that much, and it, fairly obviously didn't.

        A PI claim is a funny beast and you might even win. However, you were aware that there was a problem with the door, knew it was dangerous and should approach it with appropriate care. Unless you were sufficiently injured that your life has been affected as opposed to a bump on the head, regardless of your chances of winning, I stand by my comment.
        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


          #5
          Perfect! Thanks!!

          Comment


            #6
            How much was this shed door?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              That's just what I was thinking. I very much doubt that o/p can claim back £100 for each month it wasn't replaced.

              Please tell me you're having a laugh JPK?
              To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

              Comment


                #8
                Does OP have it in writing that if he pays an extra £100 pcm the door will be replaced????

                Why is it worth that much more? What have you got stored behind this door, OP? The mind boggles.
                '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

                Comment


                  #9
                  Originally posted by JK0 View Post
                  Please tell me you're having a laugh JPK?
                  Originally posted by jpkeates View Post
                  You would have to establish that the £100 of rent was specifically intended to reflect the value to you of the door (or a working fully functional shed), ie, you'd have to show that the landlord's failure to meet their contractual obligation caused you to overpay the specific amount agreed for that element, otherwise you'd have to show the failure to perform cost you that much, and it, fairly obviously didn't..
                  I'm answering the OP's question.
                  Trying to work out the truth of the complete (and odd sounding) back story as well is just too difficult.
                  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


                    #10
                    @vitus

                    Can you explain what injury you suffered from the door that hit you on the head?
                    I offer no guarantee that anything I say is correct. wysiwyg

                    Comment

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