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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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How long can a landlord leave me without hot water and heating?


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How long can my landlord leave me without hot water or heating?

It only went off last night but no-one can come in to have a look until tomorrow or sat.

 

I have no other means of heating as the fire doesnt work.

 

Any help would be appreciated.

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The landlord has probably got an odd job guy that does work for him, but this is an emergency so it's not the cost that matters, but that you get heating/hot water especially as you've got a Chronic condition. I ring him up and tell him it's not good enough.

 

Thanks. I am not well and are under the hospital with COPD (Chronic obstructary Pulmanary Disease) does that make any difference?
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'Emergency' repairs can take 3 days, but unless you are an infant, elderly or otherwise 'vulnerable' the current weather/temp is not an emergency IMO so I would hope LL could find qual engineer to assess/repair the problem in 2-3 days. If special parts meed to be ordered repair may not be completed for 2-3 weeks.

In the meantime I assume you have a kettle and stove to boil water for washing etc and you can buy a new basic fan heater for £10-20 at Argos etc

 

Rebel11, the heating only went off last night acc to OP so this is not yet an emergency, even with COPD. If it is gas c/h the LL should use a Gas Safe Regd engineer, not an 'odd job' man.

The OP has hot water alternatives, I presume, and could provide some basic room heat at little cost.

 

If the OP was a house owner, resp for repair, s/he would have to make temp arrangements and she could use anyone to fix the prob, LL cannot.

Edited by mariner51
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Thank you for the leaflet, Rebel.

I do not mean to be insensitive to the OP, I also suffer from a chronic condition listed in the leaflet, which is aimed at healthcare professionals, carers and relatives/sufferers. I assume the LL is none of these and may not even know of the OPs condition.

I also read with interest, the page on 'Preparations for a cold snap'

 

The thread title was How long can a landlord leave me without hot water and heating? and my basic reply addressed LLs resp for any T, inc 'vulnerable' ones. Generally, Council EH dept will allow up to 3 days for a critcal repair and the LL has had less than 24 hrs evem if OP tel him last night.

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Ok, LL never had anyone to do repairs and told me he doesnt have any one he uses.

Told me to get someone in I know. which I did but they wouldnt bill LL direct instead I have had to pay them send LL bill for him to then send me money and not having alot of money needed to take out of my rent payment which is due next week, where do I stand on this? It was quite a big chunk, but it is all working fine now.

Please not: The person I got in is fully qualified. Note; Part was more than anything else.

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I will be paying the rent it just wont be the full amount and the shortfall will be paid in 4 days after. So full rent will be paid. I am not withholding rent or not paying, just wont be full amount at the beginning then the rest in 4 days so full amount will be paid.

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Forgot to mention been in this position before but the repairs was small amount so could cover them and LL sent me money once he had received bill.

I know once he has received bill he will reimberse monies which will be after the 4 days that I will pay the rest of the money.

So any amount owing on the rent would be paid on the 4th day after it was due. The main bulk of it being paid when due. well 3/4 actually!

Does that make a difference?

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Right, I have checked my paperwork and I have been without proper heating and water since 28/1/11.

Landlord knows the problem but said he will sort it, but I need to know how long he has. The gas man has spoken to him and explained what needs to b done before it breaks down altogether. I can only use one room at the moment together with the bedroom..

 

Where do I go from here?

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What did the gas man tell you and what was his cost estimate and date he can undertake the repair?

How does the LL 'intend to sort it out'

 

Heating has not broken down completely acc to your last post, so for the moment it is a non-urgent repair. Give the LL 1 month to repair and negotiate.

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If he had got it done in first pplace properly 3 years ago then there would not have been a problem. Boiler 3 years old. Put in boiler that also should have been a combi and adjusted pipework, They just put in boiler and left pipework as it is.

I didnt know he could apply for a grant and I dont think he does either, any more info on this?

 

Is this now classed as an emergency!

Because I think it is.

 

Because they didnt adjust pipework for new boiler it has mucked up pipes so that they need replacing together with the boiler, if it doesnt get changed then everybit of pipework including rad ones need to be done, which means more money than replacing boiler and pipework.

Something else my gas man found was that when they put in something by tank in bathroom they must have had a leak and put alot of putty stuff on it and newspaper underthat. So job not done properly in first place.

 

This person who installed cannot be contacted on phone number we have, Is it possible to check if his corgi reg was legal? I hav his number remember this was in 2007?

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Quick reply now due to hour, but what have you been doing for heating and hot water these past few weeks?

 

You initially said the problem started 17 Feb 2011, but subsequently stated "I have been without proper heating and water since 28/1/11."

 

It's pretty much 4 weeks now that you've had this problem (is this right?) and you seem no closer to it being resolved. You may well be able to negotiate a reduction in rent for this period too (depending on circumstances, but no guarantee) but the priority has to be to get the problem sorted

 

Personally, I'd be seeking a firm undertaking from the Landlord as to his intentions now, as to when he expects to start and complete the work. If you have an email address do it this way, so as to more easily document what's happening. If you get no satisfaction I'd be on to the Environmental Health Department at your Local Authority pdq - I'd be tempted to do this anyway, as it may be a few days before they can get to see you

 

The downside is that you arel likely to have an AST (Assured Shorthold tenancy) if so you do not have any great security after the initial term has expired, so keep your dealings with the landlord polite, reasonable - but by all means firm

 

All that aside I doubt that the Landlord would accept this state of affairs in his own home, not after this time, why should you?

 

 

(Are you in England and Wales and is your deposit, if paid, protected? Please post here if uncertain as others will be along soon enough too I'm sure)

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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I have been using kettles and an electrician fiixed the electric fire so that is what I have been doing/using. Which is putting up my electric bill.

I rented my property in Jan 2006. So dont know if deposit is protected or not.

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With regards deposit protection the key date was the 6 April 2007

 

Have a read through http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits?gclid=CKDc6vOEn6cCFQwf4QodigpBYg and also through the stickies on CAG too (main page of this part of the forums)

 

Has anything changed since you moved in in 2006 ie new rent, new agreement, that sort of thing. If so, tenancy deposit protection should then apply (subject to certain conditions) Post again to let us all know

 

Back to main problem in hand though, if OK

 

It'll be, I think, 4 weeks this Friday since you've been without proper supplies of hot water and so on - what IS your landlord doing about this?

 

(I'm out for a few hours now, but someone will be along soon enough I'm sure - plus this will serve as a bump too)

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Everything has stayed the same.

He just says get the gas man in which I keep doing and the gas man has told what the problem is.

He said can i get a quote from British gas for work which i cant do as he has to ask them so they say.

 

Then who knows. BG come in do quote then etc., etc., could be another couple of months.

So I would say not alot he is doing.

In the meantime my electric fire is on continuously from when I get up to when I go to bed which is getting earlier to try and keep warm.

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Sorry, lost internet connection, so quick post now before it should disappear again

 

What, if anything, has been put in writing to the Landlord? Do you have an email address for him? If not, a correspondence address will do

 

It does not sound like very much is going to happen though, without you first upping the ante. If you do you have to consider that the Landlord may (later) seek possession etc, but for now - and apologies for saying so - it does not seem that you can continue as you are...

 

Personally, I'd be on the 'phone to Environmental Health first thing Monday, if you haven't already. Alternatively, you may wish to, first, write a very firm, but polite email to your Landlord, asking him to confirm his intentions - and timescales for resolving these issues

 

I'm typing at speed, just in case I lose my connection again, but the proper supply of hot water and heating is your Landlord's responsibility (Section 11 etc) and the fact you now say there is no Gas Safety Certificate for 4 years means the Landlord is either unaware of his responsibility, or unwilling to do anything about it

 

I would suggest that almost all right thinking people - especially those who are Landlords - try to check and service their gas appliances most years, regardless of legislation. And also sort out our hot water and heating as soon as we can following a breakdown. We don't not do the former for four years and don't leave the latter for, what, getting on for a month now

 

I'm sorry if it sounds that I may be pushing you in to something you may feel uncomfortable doing, but do you think the Landlord is going to get this sorted, unless you push now? The Environmental Health Department at your Local Authority can assist, as can (indirectty) CAG too

 

Let us know what you think - and good luck too

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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