Another question this time re: instruction manuals

[NewSAHD]

No specific requirement of which I am aware, save that the landlord owes you a duty of care.

 

The landlord 'should' ensure you have all that you need to live in the property safely. If this goes so far as including 'welcome packs' / manuals, so be it.

 

On the other hand, I can foresee an argument that it is simply a question of what is reasonable - and, similarly, that you should return the property as you find it too.

 

Yes, you 'should' have a manual for the oil fired boiler, but if you had not used such a boiler before there is an argument that you could, perhaps, have asked for advice / sought the manual direct from the manufacturer had the landlord not co-operated. More so, perhaps, if you had lived at the property for some time, or had some 'history' with the landlord/boiler.

 

Sorry if that sounds a bit harsh, but hope that helps. I'm rushing off now, so will check back later.

Edited November 11, 2009 by NewSAHD

[NewSAHD]

Hello again. Have a read through Factsheet 4 - The Electrical Equipment (Safety) Regulations 1994 | Factsheets | Letting Factsheets for specific reference.

 

In practical terms, however, you should find most reasonable Landlords / Agents will :

 

- carry out yearly testing of any electrical appliances (that have a plug / are not hard wired like storage heaters / cookers) by arranging for a suitably qualified contractor to carry out PAT testing (Portable Appliance Testing) on their behalf.

 

The tell-tale that this has been done can often be the little stickers attached to the electrical appliances .

 

- whilst also carrying out periodic inspections of the hard wiring itself.

 

Again, hope that helps.

 

Also, now that I've just actually read the link I offered above (plus, it could be out of date, there are others, and I'm not connected in any way to the link given either!) you will see that it says, amongst the information, that

 

"RECOMMENDED:

 

• Have appliances checked by a qualified electrical engineer.
  
• Ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants.
  
• Refer to the Regulations within the agency agreement with your landlord.
  
• Avoid purchasing second-hand electrical appliances for rented properties and advise owners likewise. If used appliances are installed, it is necessary to have them checked by a qualified engineer.
  
• There is no specific requirement for regular testing under the Regulations. However, in order for the agent to ensure compliance, some ongoing checks should be scheduled."
  

There are some items of legislation that you cannot avoid - Gas Safety a case in point - but some common sense on the part of Landlords/Agents would go some way to help too.

 

Asking "Is the property safe?" and "Have we done all that could be reasonably expected of us?" and so on.

 

You mention getting all your ducks in a row, what is it that you feel the landlord may and/or will pursue? Also, what is it that you feel you must and/or should pursue?

[NewSAHD]

Deleted

Edited November 12, 2009 by NewSAHD

[NewSAHD]

Hi, this was, initially, a quickly typed post for you, but it hasn't worked out as quickly as intended. Apologies in advance for any typos!

 

I've read through your other posts, and can see how frustrating this is for you.

 

First few thoughts for me are that:

 

1.) There are some here with better knowledge of dealing with disputes through the Tenancy Deposit Scheme (not me, never had any cause to do so) so be worth checking with them as to the mechanics of what you do and when.

 

Key, I recall, is stick to the paperwork sent to you. No deviation, etc

 

I mention this as some of what I may suggest, below, will be covered elsewhere when dealing with TDSs.

 

2.) Your other posts set out some of the problems you have experienced, so will read through again in a short while too. MrShed, who I have seen posting elsewhere here at CAG, seemed to be giving some good pointers for you on those.

 

3.) To my mind you need, quickly, some way to now properly document your attempts to deal with this gentleman though.

 

You may need to rely upon these later on too, so give some thought to what, if anything, you offer at the outset i.e. you need to be fair and be seen to be fair, but it appears he will take advantage wherever he can. Don't let him.

 

4.) What has changed so that you don't have his address? Please advise, as all communication via a mobile doesn't seem to be helping here.

 

5.) Ask him as soon as you can for his email address (subject to this not compromising TDS protocols, see 1), above ) The informality of email may more easily allow him to slip up.

(make up any story you need, if needs be, such as your partner / you are about to start on shifts and won't be able to speak during the day for a short while ).

I was going to suggest you get one polite, non contentious email out to him and a reply back from him too, so that you know it works, but time may be against you.

 

6.) If he does not have email then ask him also for his current correspondence / postal address, as you wish to write to him, so that you can agree a way forward, in writing, if that is what it's going to take.

 

How you go about that will leave to you as you know his character.

 

7.) If he ignores these reasonable requests, don't worry for now, just say "you're disappointed, these are quite reasonable requests, what does he expect you to do next" or some such and leave it at that, for now.

 

8.) Also, if he ignores these requests, there may be several addresses you can initially use for him anyway, but I wouldn't let on to him about this. For my part I'd then be looking to:

 

a) Send a letter addressed to him, care of the Letting Agent. They may forward it on to the last known address.

 

b) Send a copy to the property itself. What's happened to the property though, has it been relet? Is is vacant, awaiting a sale?

 

c) Moving on, go to Property Search - Land Registry and put in the details of the rented home.

 

You may find the address given on the LR records was that of the rented home itself, if not, you then have an alternative address you can then use for him.

 

Send the letters by recorded Delivery and/or deliver the letters by hand (and make a note of the date / time / who took it), as needs be, so that there is little or no doubt that he has had them.

 

d) There may be a lender noted on the LR records, if so, I'd copy the post there too if he's not replying / co-operating. Polite cover note asking them to forward the letter(s) to their Client etc. It's late, so will give some thought to this particular suggestion later, as the goal is the return of your deposit, rather than stirring up (too much) trouble.

 

9.) Need to know the specifics of what he's claiming, equally, don't want to jeopardise TDS protocols.

 

Again, for what it's worth, hope that may help.

 

 

(PS Last tiny point, been in the back of my mind whilst typing - you let the oil tank run down when you were getting ready to move out, but do you recall if there was any record of how much oil was in the tank when you first moved in, or when you first purchased fuel for it and the subsequent pattern of use?)

Edited November 12, 2009 by NewSAHD

[NewSAHD]

Post back once you have an email / postal address and all of us here, I am sure, will help put together a 'summary' to try and help bring this a close.

 

You may well need more formal advice in due course, but, perhaps, best you be seen to be reasonable in your approach, even if he hasn't responded more positively - yet.

 

Good luck with the call, should be straightforward - just keep to the script and don't be drawn.

[NewSAHD]

My suspicion is that you won't hear back and will need to chase/call him. Come to that in due course

 

Where are you with the formalities of TDS though?

 

I am less familiar with the mechanics of deposit disputes, but don't want to see you inadvertently missing any deadlines

 

Post again in about a day or so too if you have not heard from the landlord!

[NewSAHD]

That's the short and sweet of it.

 

 

Thanks, that's most helpful. Time now for us all here to put together your initial, more formal request for your deposit to him and see if we can bring this to a close now, without the need for too much 'formality' later.

 

I'd be inclined to keep it short and sweet to start - and simple - with, if appropriate, detail to follow later, as needed.

 

No doubt those with more experience of deposit disputes will assist too.

 

Look forward to catching up with you later.

Edited November 12, 2009 by NewSAHD

[NewSAHD]

have a tendancy to give too much information/ say too much.

 

Firstly, you and me both .

 

If anyone has any real experience with this and wishes to edit it and send it back to you please feel free to do so and send your "fixed" copy to me via PM. I would greatly appreciate it.

 

There appears to be a mix of experience on the CAG forums that should serve you well.

 

For my tuppence worth, your letter is your opening shot. Arguably, less is more, so I'd be looking to cut the letter down a bit and not give too much of your own position away either at this stage.

 

I'll leave the mechanics of Tenancy Deposit schemes to others, but will gladly read through your draft.

[NewSAHD]

I've been cogitating and now the shopping that has just been delivered needs putting away too! Will be back to the posts later

[NewSAHD]

Have sent you a message, hope it helps, catch up again later