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By BankFodder · Posted
As a rough guess it would be your landlord who would be responsible. But you need to understand the extent of your losses before you can begin any claim. This means that you need to list out any expenses to which you have been put, any expenses which would be associated with repairing damage or cleaning et cetera. And then list out the inconvenience to which you have been put as a result of this. Any actual expenses – money loss which has been incurred already all that is likely to be incurred in result of repairs will need an inspection and to quotations which eventually you will present to the landlord. Even if I'm wrong and it is not the landlord – you will still need the evidence that I have listed above in order to begin any claim. -
Hi, I have been renting a three bedroom, top floor flat for six years now in England. Just so you know, there is a letting agent, landlord and a block management company involved. Eighteen months ago we had a considerable leak in one of the bedrooms, affecting the next door bedroom as well but not as badly. This led to a lot of damage to the ceiling and the formation of mould within the first bedroom and to a lesser extent in the second bedroom. As far as we are aware, the leak has only recently been sorted by the block management company(who owns the roof etc…) Just over three weeks ago, a large inspection hole was cut into the ceiling, the workmen (instructed to come by block management) who undertook the work did not put any dust sheets down over any of the furniture, causing an incredible amount of dirt and debris throughout the entire flat, rendering the room unusable. We were left on a Friday afternoon with a gaping hole and no instruction as to what was going to happen next. Only after contacting our letting agent to inform them about the state of the bedroom had been left in, with a gaping hole and bits of debris falling, did they come to do a temporary fix to cover the hole which was after a week. As the bedroom is still unusable. My daughter has for more than three weeks been sleeping in the lounge. The letting agent did offer to get the place cleaned, but we see no point until the job has been completed. My landlord has reduced my rent by £200 for the past couple of months and is now wanting full rent regardless of the work being incomplete. A plan has been put in place, however, we have not been given a timeline for when these will be completed and this could take some considerable time. In addition to this, there was a leak in the kitchen but this was very minor, and we have a major condensation issue in the bathroom as the extractor fan is apparently not strong enough so the ceiling is covered in mould which is now being revealed as the paint is flaking off. The problem we have is that the building (roof etc..) is managed by a block management company. My letting agent has basically said that the damage is the responsibility of the block management and this nothing to do with the landlord, and therefore, does not want to give us any compensation. What are my rights as a tenant in this situation? Am I entitled to a continued rent reduction or additional compensation given the ongoing uninhabitable condition of the bedroom and the disruption this has caused? I have attached photos as supporting evidence and would be very grateful for your advice. https://imgur.com/a/yfm4FP9 Should you require any further information, please let me know. Thanks in advance! 😁👍 -
By BankFodder · Posted
I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out. -
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
Hello,
On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
Car was dirty and test drive was two circuits of roundabout on entry to the showroom. Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm. They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.
The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.
I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.
Please can you advise what I need to do today to get this done.
Many thanks-
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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