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    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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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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