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How to solve some ( apparent ) loopholes in this legal procedure ?


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I was told that only an official letter to the landlord, complaining about a fault in the collective facilities of the house, would have a legal consequence and that a verbal complain ( either personally or by telephone ) does not legally oblige the landlord to take any action. However, after thinking on it a bit, I found two possible loopholes which a crafty landlord ( in my case ) would not hesitate to use:

 

1) Unless the letter is registered, the landlord could allege not having received any letter.

 

2) Even if the letter is registered and the landlord had to sign its reception, he still could say that it was an “empty” envelope with nothing inside.

 

So, how to avoid a crafty landlord to use these loopholes ?

 

3) Does recording my conversation with the landlord, where I am complaining about the problem of the house, amount to a legal proof ?

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1. In law a letter which is posted by oridnary first class and correctly addressed is deemed to have been delivered 2 days later.

2. No such thing as registered in Uk anymore, nearest being Special delivery. Yes, they could but who would believe them? A crafty tenant could indeed send an empty envelope. But in that case the honest landlord would contact said tenant as the senders details are on the back of the envelope.

3. You may record any telephone call made to or from your private phone. However, they are not admissable in court. A transcript of the call may be useful, but the actual call is not admissable and thus worthless.

 

If you have to have proof of a letter being received, there are people used called 'process servers'. Used by courts and solicitors. They will hand deliver the letter, not in an envelope if requested, and a signature is not required.

 

Easiest solution is to pay a solicitor to send a letter. £25 or so and there is court acceptable proof of sending/delivery.

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I was told that only an official letter to the landlord, complaining about a fault in the collective facilities of the house, would have a legal consequence and that a verbal complain ( either personally or by telephone ) does not legally oblige the landlord to take any action.

 

I only offer the following to give a slightly different take on this.

 

Who told you this, an Agent? Ultimately, whoever it was, their answer must be rubbish, as, worse case scenario, it's really going to be down to a Court to decide what is reasonable.

 

Be interested to hear from any lawyers though.

 

Yes, clearly you need to document what occurs and, as problems remain unresolved, or escalate, you will go beyond making a call, or calls, sending email(s), writing formal letter(s) and so on.

 

The reality of the situation, though, is that you have called about something that may require some action. If that something really does need action and the Agent, say, ignores the call, then it's on their head.

 

What do they expect you to do?

 

I'd email, or write to them now and say something to the effect of:

 

"Further to my call of DATE, advising you of the PROBLEM, please can you confirm when you will attend please?

 

I was also a little bemused to be told at the time of my call to NAME that only an official letter to the landlord, complaining about a fault in the collective facilities of the house, would have a legal consequence and that a verbal complain ( either personally or by telephone ) does not legally oblige the landlord to take any action.

 

That does not seem quite right, please would you confirm what your companies position is on this please"

You may already have done this, of course, apologies for initially assuming you may not have done. Either way, post again here if and when they ever reply.

 

To put this in a practical context, I know of someone who had been able to document the beginning of what became a relatively serious problem by pointing out that an initial series of telephone calls (taken from a mobile telephone record) clearly showed that X was calling Y at a time when Y had (previously :D) denied any knowledge of the problem / calls.

 

Obvious, but still quite funny, really.

 

Hope that helps.

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 agree with the post above. I have never heard anything about only an official letter will do. You just need to make contact and make them aware of the situation. Are they really saying that if there was a leak in the property you should be reporting this through an official letter because otherwise they may not do anything about it? What is an official letter from a private individual anyway? Are you supposed to word things in a certain way or perhaps use your headed stationery?

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Post your letter from two different post offices on two different days and on both occasions obtain a proof of posting (free). A judge is unlikely to believe that two letters sent in such fashion both failed to reach their destination. The recipient could refuse to sign for a recorded or registered letter.

 

Keep your letter succinct and to the point. List the repairs which you consider require to be carried out. If nothing has happened within a week do the same again but state that unless the repairs referred to are carried out within the next [7-14] days you will obtain 3 estimates for the work and taking the cheapest, have the work carried out and deduct it from the rent.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Is this a rental?

 

It sounds like it, but I ask as a few years back there was a ground rent grazer, sorry, Freeholder, that I heard about that wanted everything :rolleyes: in writing.

 

At the time I tended to make calls though, which was always fun, then confirm what was said in writing. Much easier, sometimes, and less doubt when trying to sort out a headache.

 

Fully appreciate that their responsibilities at the time were limited, and would have little, or no repairing liabilities, but re-reading this post I was reminded of them :(.

 

Just a thought, plus, it sounds like Blue Crystal is renting a flat/room anyway.

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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Post your letter from two different post offices on two different days and on both occasions obtain a proof of posting (free). A judge is unlikely to believe that two letters sent in such fashion both failed to reach their destination. The recipient could refuse to sign for a recorded or registered letter.

 

Kentish, the problem is that this procedure does not prevent a crafty landlord claiming that he received an mail envelope but it was "empty" ( no letter inside ).

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I am sorry but you do seem a bit paranoid. Judges are not stupid and are very unlikely to believe such a story. If however, you are still wary and you want to guarantee proper service of a document, use a process server, then there will be no question.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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