Thoughts on this please.

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    Thoughts on this please.

    This is a copy of an email exchange I've had today, some of you will remember I was at risk of getting an enforcement notice from the council a few months ago, however the tenant died before that happened and I was able to get the property back and do all the work needed.

    My question is this.....

    Since there never was an enforcement notice issued should I allow this EH officer to disturb my new tenants. Am I within my rights to refuse/put him off.
    Put another way, does he have a right to insist on inspecting now the original tenancy is finished and the new tenants are not making complaints.(I hope)

    You need to read the emails from the bottom up to make sense of them.



    Hello Mr xxxxxxxxxxxxxx
    I'm quite happy for you to see a copy of the certificate, arranging for you to visit whilst my tenants are in situ is another matter.

    It is not convenient for us to show you the property at present because we have only just returned home to Spain, I have plenty of photographs of the property as it is now. I have attached some of them for your information.

    I do not wish to have to start harassing the new tenants and demanding they allow you to visit, they both work, I believe one of them is frequently abroad.

    I believe in allowing my tenants quiet enjoyment of their home.

    I have already forwarded the Elec. Cert. to you in another email.

    Regards

    J. Taxxxx

    From:xxxxxxxxxxxxxxxxx
    To: xxxxxxxxxxxxxxx
    Date: Thu, 19 Jul 2012 09:43:27 +0100
    Subject: RE: 80A xxxxxxxxxxx

    Dear Mr Ta


    Many thanks for getting back to me. Would you be able to forward a copy of the electrical certificate and assist in arranging for me to visit with a view to concluding our involvement in the matter?
    Kind regards








    From:
    Sent: 19- Jul- 12 09:22
    To: xxxxxxxxxxxxx
    Subject: RE: 80A


    Hello Mr xxxxxxxx

    The flat has been refurbished, re-wired and a part 1 certificate issued, heating has been installed, it has been fully insulated and re-decorated and had new carpets and floor coverings fitted.

    The stairs have been strengthened and the stairwell has been redecorated. All the unsightly electric wiring has been removed and the wiring is now trunked properly. Walls have all been repaired.

    The kitchen has had new units and worktops fitted with cooker, fridge, freezer and washing machine. There has been a complete new WC unit fitted and an electric shower has been installed over the bath which has been refinished. Certain pipework has been upgraded to allow better control of the water.

    It is now rented as unfurnished to a professional couple.

    I trust this answers your query.

    Regards

    J Ta



    From: xxxxxxxxxxx
    To:xxxxxxxxxxxxxx
    Date: Wed, 18 Jul 2012 09:28:08 +0100
    Subject: 80A
    xxxxxxxxxxx

    Good morning Mr Taxxxxx


    Further to my previous involvement with the above property please could you let me know the current status of the property.
    Many thanks
    I offer no guarantee that anything I say is correct. wysiwyg

    #2
    I would just give the guy the tenant's contact details and leave it at that. If they contact the tenant, but the tenant won't cooperate, that's hardly your fault is it?

    (Even if you lived next door, you couldn't let the EHO in without T's permission.)

    Comment


      #3
      Good thinking!

      I'll wait and see what he comes back with first though.

      Had a nice surprise just now when I checked my account, the new T has paid next month's rent 2 days early. Result.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        I trust you've protected it for those two days if the flat is in Brighton.

        http://www.landlordzone.co.uk/forums...n-County-Court

        Comment


          #5
          Council want to know that you have done the work, via a visit, so that
          they don't have to issue an enforcement notice.

          The original complaint about housing does not go away, as the property
          did not die and go away, it is still there.
          Council do not know if you have or have not done the work without
          seeing for themselves. They don't know if the photos you took are
          10 years old or 10 days old. ( anyone can put a date stamp on ).

          If you cannot prove to them you have done the work that was
          complained about, then they will have to issue an enforcement notice,
          at much cost to yourself.

          if the tenant won't let them in, they will have to issue an enforcement
          notice, as they cannot prove to their satisfaction that the work has been
          done, so then they issue a 28 day enforcement notice.

          I can't see the problem. To stop the hassle of enforcement notices,
          the Council have to view the premises. and liase with the tenants
          for access.

          R.a.M.

          Comment


            #6
            Jta I suspect that they will close the file. Adding to JKO's point you might say that

            "If I serve notice to inspect, and they decline as is their right, I would need court order, and that takes -mutter on about 'time' 'delays'- etc. You Mr EHO might have better luck....."

            To answer your question if they inspected and found actionable issues, they are property related, not tenant related. They are undertaking/discharging a statutory duty, whilst pre inspection they are simply responding to, and not acting on, an individual's concerns. Depending then on the councils policy their resources and the judgement of the officer, they will have considerable discretion.

            Persuade him or her.I'd send him the piccies ( and the EPC or any other official looking documents) to assure him that you are a decent landlord after all.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              Let the council inspect. It's pointless getting into a battle about it.

              Comment


                #8
                electrical certificate
                A bit cheeky to demand something that isn't a legal requirement...

                ML
                Refer Mad Regulators to Arkell vs Pressdram.

                Comment


                  #9
                  Originally posted by midlandslandlord View Post
                  A bit cheeky to demand something that isn't a legal requirement...

                  ML

                  Might they mean for any works that do need one, say part P works?

                  A sensible landlord will get a certificate for significant works, and perhaps therefore the EHO is looking for a way to close his file without bothering jta, now back home, or a tenant who is often away?
                  Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                  Comment


                    #10
                    Originally posted by leaseholdanswers View Post
                    Might they mean for any works that do need one, say part P works?

                    A sensible landlord will get a certificate for significant works, and perhaps therefore the EHO is looking for a way to close his file without bothering jta, now back home, or a tenant who is often away?
                    True, that's possible.

                    ML
                    Refer Mad Regulators to Arkell vs Pressdram.

                    Comment


                      #11
                      Originally posted by jta View Post
                      My question is this.....

                      Since there never was an enforcement notice issued should I allow this EH officer to disturb my new tenants. Am I within my rights to refuse/put him off.
                      Why not try talking to him direct instead of emailing?

                      Comment


                        #12
                        Originally posted by boletus View Post
                        Why not try talking to him direct instead of emailing?
                        see post 5, as it's the property that is on file as not being up to
                        standard, and if they cannot view the property to see that the problems
                        have been rectified, they will issue an enforcement notice.

                        Comment


                          #13
                          Originally posted by ram View Post
                          see post 5, as it's the property that is on file as not being up to
                          standard, and if they cannot view the property to see that the problems
                          have been rectified, they will issue an enforcement notice.
                          See post 1 and the history behind it,

                          ...then see post 12.

                          Comment


                            #14
                            The EHO has thanked me for the certificate, he has not mentioned another visit yet. Possibly because I sent him about 25mbs of pictures showing the work had been done with special attention to the areas high lighted by him in his original letter. There were only three main points he was concerned with, electrics, lack of worktop in kitchen and a problem on the stairs where a bargeboard had rotted.

                            If he still wants to visit then I will have to speak to the tenants and fit it in as a normal inspection, maybe in 2 -3 months.
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment


                              #15
                              Originally posted by jta View Post
                              The EHO has thanked me for the certificate, he has not mentioned another visit yet. Possibly because I sent him about 25mbs of pictures showing the work had been done with special attention to the areas high lighted by him in his original letter. There were only three main points he was concerned with, electrics, lack of worktop in kitchen and a problem on the stairs where a bargeboard had rotted.

                              If he still wants to visit then I will have to speak to the tenants and fit it in as a normal inspection, maybe in 2 -3 months.
                              "I'll let you know when I am next inspecting, and you are welcome to attend" sounds like a good technique.

                              For interest, if EHO fails to attend an appointment does that discharge the LL responsibility.

                              Or does it need 3 like a Gas Safety certificate visit?

                              ML
                              Refer Mad Regulators to Arkell vs Pressdram.

                              Comment

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