Who should I push ???

[maroondevo52]

Hi,

 

My 72 year old mother has been in rented accommodation with a private landlord for over 35 years, in that time the Landlord has done nothing to the flat, there is a Factor who is supposed to be looking after it.

 

Three months ago the flat was flooded, everyone was moved out of their flats, including two flats above my mums and one flat and a shop below as the flood come from the roof and went all the way through the rest of the building.

 

The only flat that was not vacated was my mums ??? every time it rained,she had to scoop up water for about two weeks before the leak was fixed. I had to cut up and throw out her carpet that was satuarated, all the wallaper on her ceiling and walls is hanging off and the place stinks of damp.

 

When my mum contacted her insurers, they said they would only pay for a new carpet, as long as she paid the first £150 excess first. They would not pay for any re-decoration.

 

After complaining to the Factors, the Landlord went up to the flat and said she would get the decorating done. This was about five weeks ago and nothing has happened.

 

I'm not sure where my mum stands legally, does she push the Factor or the Landlord or should both be doing their bit.

 

My mum lives in Edinburgh.

 

Thanks to anyone who can help.

 

Regards.

 

Scott.

[rory32]

Does she have a copy of the insurance policy?

[maroondevo52]

Sure she does Rory, I've not seen it, but a guy did visit her and said they would only cover the carpet, yet her curtains were ruined too.

[rory32]

First thing to do I think is have a look at the policy and see what it states she is covered for and the extent of the cover - don't take the insurers agent's word for what she is covered for.

[maroondevo52]

Ok, thanks Rory, I'll have a peek

[Planner]

Theres obviously two issues (at least) here;

 

1) Your mothers landlord/factors lianility to repair and maintain the flat;

 

2) the Insurance Issues.

 

In terms of 2) you have been given the best advice I can think of, have a good read of the insurance policy.

 

In terms of 1) I doubt you are going to get very much help from anyone on here as we deal exclusivley with English/welsh law only, Soctland is different!

 

I would suggest your first port of call should be Shelter, who are really very very good at letting tenants know their rights. It is a free service.

 

There scottish website is Shelter Scotland - The housing and homelessness charity and the phone number on there is 0808 800 4444 . They should be able to advise you on your mothers rights from her factor/landlord.

Edited December 27, 2008 by maroondevo52

[Ell-enn]

You could try this link The City of Edinburgh Council - Letwise Private Tenant Advice Service

 

Help the Aged also have a website with advice for private tenants:

Advice for tenants - Help the Aged

[ErikaPNP]

doubt you are going to get very much help from anyone on here as we deal exclusivley with English/welsh law only, Soctland is different!

 

Forgive me for saying so, but I was under the impression that this was a UK forum. And unless someone has been messing about with geography, Scotland is still part of the UK.

 

Scottish law is different in parts to English and Welsh law but there are members here (many members) who reside in Scotland and/or have experience with Scottish law, and may be able to advise accordingly. In addition I was also under the impression that any advise expressed within this site is to be taken as opinion only, not as law.

[maroondevo52]

In terms of 1) I doubt you are going to get very much help from anyone on here as we deal exclusivley with English/welsh law only, Soctland is different!.

 

 

Good spot, ErikaPNP

 

Not sure where Planner gets their information from.

The last time I looked we were helping people from all over the UK.

 

Regards.

 

Scott.

[Planner]

Forgive me for saying so, but I was under the impression that this was a UK forum. And unless someone has been messing about with geography, Scotland is still part of the UK.

 

Scottish law is different in parts to English and Welsh law but there are members here (many members) who reside in Scotland and/or have experience with Scottish law, and may be able to advise accordingly. In addition I was also under the impression that any advise expressed within this site is to be taken as opinion only, not as law.

 

A quick scan of the rental section of the forum will show you that none of us really advise on Scottish housing/rental issues. In all my years of posting in the rental/housing issues of this forum, none of the regular posters ever give advice on scottish rental/housing issues. The lack of any responses of substance to the query would seem to support my opinion.

Edited December 27, 2008 by Planner

[Planner]

Good spot, ErikaPNP

 

Not sure where Planner gets their information from.

The last time I looked we were helping people from all over the UK.

 

Regards.

 

Scott.

 

As I have posted above, I doubt you will find any posters in the rental/housing section of the site that will comment on scottish issues due to the different laws and way of dealing with such issues in that part of the county.

 

My apologies if my attempt at helping you and pointing you in the direction of a site/phone number that maybe able to help as offended you and ErikaPNP. You can rest assured that I wont make such a mistake again if either of you ever require any rental/housing advice.

[maroondevo52]

Hi, Planner.

 

Point taken, though saying "as we deal exclusivley with English/welsh law only," is going over the score a bit.

 

I admit I'm very rarely in the rental/housing Forum, so can't comment on who helps out on a regular basis, as you do, I'll take your word for it

 

When I started my thread, it never crossed my mind that because I was asking about someone living in Scotland, I would struggle to find someone who could and would help me.

 

I would not discourage anyone from Scotland posting any questions, in this Forum, as I for one don't know if they would get a helpful response or not.

 

Regards.

 

Scott.

[Planner]

Hi, Planner.

 

Point taken, though saying "as we deal exclusivley with English/welsh law only," is going over the score a bit.

 

I would disagree. The statement is quite accurate (possibly not strong enough!) due to the subject being dealt with. Its important to note that in this section of the forums we arent dealing with questions on broken tvs or malfunctioning i-pods, we are dealing with peoples homes....accuracy is paramount.

 

I know the answer to your question should your mothers home have been in England and I know for a fact that that same answer would be inaccurate in your case because of the scottish connection.

 

I also wouldnt discurage questions from scottish tenants on the site, but as pointed out, its the inconvienent truth that they are un-likley to get a substansive and accurate response.

[saintly_1]

But surely this is how people learn by asking questions? ..... how all the forums have developed we learn from asking questions and researching answers.

[maroondevo52]

Planner.

 

You can disagree all you want, but how do you know some expert on Scottish Housing Law or rental and housing in Scotland, has not recently registered on CAG.

 

Then people living in Scotland would have help at hand.

 

Regards.

 

Scott.

[Ell-enn]

Glad to hear you wouldn't discourage questions from Scots as of course there's always the possibility that someone who works in Scottish housing or law might well visit this forum and be able to assist:rolleyes:

 

There are many, many Scottish posters on CAG and also many Scots who are regularly giving good advice. So I have to agree with Scott in that telling people that the knowledge here is predominantly English/ Welsh is not entirely appropriate.

[Planner]

Glad to hear you wouldn't discourage questions from Scots as of course there's always the possibility that someone who works in Scottish housing or law might well visit this forum and be able to assist:rolleyes:

 

There are many, many Scottish posters on CAG and also many Scots who are regularly giving good advice. So I have to agree with Scott in that telling people that the knowledge here is predominantly English/ Welsh is not entirely appropriate.

 

Then I shall look forward to reading their answers and the answers of those posters who have been quick to be critical (in fact it appears to be the first time they have ever posted in this section of the forum) but slow on a helpful response.

[Ell-enn]

I think you'll find that advice has already been given by way of links to sites which may be able to help.

[Planner]

I think you'll find that advice has already been given by way of links to sites which may be able to help.

 

As I actually posted one of the links and corresponding phone number I am aware.

 

However none of the links posted actual have the answer to the O/Ps question. I am interested in that answer. As a poster in the rental/housing forum that actually tries to give advice rather than the critical and irrelevant 'post and run' responses we have seen from members in this thread, that answer will be useful should the question arise in the future.

[Ell-enn]

While your contribution on the rental/housing forum is commendable I don't think it's in any way helpful to criticise others who have taken the time to reply by labelling them as "post and run". Sometimes it takes only one post by a newcomer to a forum to provide the answer the poster has been waiting for.

 

However, I don't intend to continue to debate the quality of the advice on this thread or the quantity of yours in the forum in general.

[ErikaPNP]

I may not post often but I do read a lot, and have come across Scottish Legislation within the site. I'm also aware of some legislation and Regulatory bodies which apply only to Scotland, which I have posted in replies (although stating they apply to Scotland alone) and took your statement to mean that the entirity of the site does not deal with Scottish Law, with the useage of the term "Exclusively".

 

That is why I posted what I did, because of how I read and understood your statement, other newer members who may be perfectly capable of answering a query which requires a knowlegde of Scottish Law may be put off posting a reply as they may think as I did that you were infering that this forum is not the place for Scottish Law.

 

As soon as I read your post, I began searching for a Scottish version of this forum - I could not find one, but could find a subforum in the Bank Action Group. Therefore I made a post within this thread to throw up the question, as I had believed the site dealt with Scotland as well as England and Wales.

 

(And yes I am in Scotland. And no, we don't all have red hair, are named "Hamish" or "Heather" and wear tam o shanters and kilts at all times and have to climb up on a high hill to go to work )

 

I do not doubt the experience of your replies at all, I just queried a statement you made.

[Planner]

I may not post often but I do read a lot, and have come across Scottish Legislation within the site. I'm also aware of some legislation and Regulatory bodies which apply only to Scotland, which I have posted in replies (although stating they apply to Scotland alone) and took your statement to mean that the entirity of the site does not deal with Scottish Law, with the useage of the term "Exclusively".

 

That is why I posted what I did, because of how I read and understood your statement, other newer members who may be perfectly capable of answering a query which requires a knowlegde of Scottish Law may be put off posting a reply as they may think as I did that you were infering that this forum is not the place for Scottish Law.

 

As soon as I read your post, I began searching for a Scottish version of this forum - I could not find one, but could find a subforum in the Bank Action Group. Therefore I made a post within this thread to throw up the question, as I had believed the site dealt with Scotland as well as England and Wales.

 

(And yes I am in Scotland. And no, we don't all have red hair, are named "Hamish" or "Heather" and wear tam o shanters and kilts at all times and have to climb up on a high hill to go to work )

 

I do not doubt the experience of your replies at all, I just queried a statement you made.

 

If your post had read like a question rather than a sarcastic geography lesson, then I would have been happy to clarify that my post was in reference to tenant/housing issues only and not all of the site.

[ErikaPNP]

If your post had read like a question rather than a sarcastic geography lesson, then I would have been happy to clarify that my post was in reference to tenant/housing issues only and not all of the site.

It's not sarcasm, it's dry Scots humour. Try it sometime, you might like it

My point remains. Unless you have become the administrator of this site and changed its workings, (or changed Geography) the tenant/housing issues welcome posts which require Scottish Law answers.

 

(in fact it appears to be the first time they have ever posted in this section of the forum)

There's a first time for everything, posting in a section for the first time to raise a point does not indicate anything other than that. I did not say I was able to answer the query at hand, if I was qualified to do so then I would have done so already. I raised a valid point in response to a statement made, I got an answer. I was not criticising you, merely pointing something out which as it turns out, I was right to do. There is a difference between being critical and raising a point. I've already stated that I don't doubt your experience, which would clarify that it was not a criticism.

[Planner]

It's not sarcasm, it's dry Scots humour. Try it sometime, you might like it

My point remains. Unless you have become the administrator of this site and changed its workings, (or changed Geography) the tenant/housing issues welcome posts which require Scottish Law answers.

 

There's a first time for everything, posting in a section for the first time to raise a point does not indicate anything other than that. I did not say I was able to answer the query at hand, if I was qualified to do so then I would have done so already. I raised a valid point in response to a statement made, I got an answer. I was not criticising you, merely pointing something out which as it turns out, I was right to do. There is a difference between being critical and raising a point. I've already stated that I don't doubt your experience, which would clarify that it was not a criticism.

 

Its sarcasm no matter how you try and dress it up, and no, I dont think I will try it.

 

Unfortunatley I cant find anywhere in my postings where I have suggested that scottish tenants shouldnt post on here, I have merley pointed out that they are likley to be in for a very long wait for any substansive response due to the differences between the systems north and south of the border, which for some strange reason numerous posters (not necessarily pointing the finger at you) have taken exception to, while at the sametime proving my point by not posting the answer that was originally sought. All very strange.

 

Posters with Housing/landlord/tenant questions often require a very quick response, as afterall, it is their homes being dealt with. In the case of scottish tenants they may find the quick answers to their questions they may require are better sought elsewhere due to the lack of experience with such scottish housing/tenant questions on here.

[maroondevo52]

UPDATE:

 

It turns out my mums Landlady was waiting on her Insurance company giving her the ok to do the decoration.

 

So last week the Painter turned up, well I say painter, when he was in the week before fixing a leak in the Bathroom, he was a Plumber. He says next week he's a Joiner and will re-rope my mums windows

 

Can't moan, at least the works getting done.

 

I had a look at the work he had done in the living room, he'd stripped the Ceiling and Walls, also lined the Ceiling and Walls and I must say he was doing a superb job, for a jack of all trades.

 

I tried to have a word with him but he does not speak a word of English.

 

Anyway, I'm going up on Wednesday to do my 'clerk of works' bit and shall report back then.

 

Thanks to everyone who contributed to this thread, and anytime you fancy a cup of Tea in Edinburgh, just give me a shout.

 

Regards.

 

Scott.