Inspection report withheld

[lively1996]

I am the Landlord who has a full management agreement with a LA. My agreement stipulates that my property will be inspected every 3 months and I will receive a written report.

 

Today I told the LA that I had not received a written report regarding the quarterley inspection and that it was due on 28.02.10. I was then told by the LA that the property had been inspected and a leak was reported, (this is being sorted at present) they stated they would not issue a written report until the repairs regarding the leak had been completed. I want the report to see exactly where the leak has caused damage as the LA is very vague. Can the LA withhold the inspection report until repairs have been done?

[NewSAHD]

What does the management contract that you have with the Agent actually state?

 

If it is silent on the withholding of reports then, personally, it would seem they will be hard pressed not to send it on.

 

Remember that few of us here are lawyers though.

 

On a practical note the inspection was on the 28/02 and they are close to two weeks later - arguably a more direct approach would be to ask, perhaps, and in no particular order:

 

- exactly what has happened and where,

- what is the cause,

- what is the severity of the problem,

- do they have photographs they can send you of any damage done by return (they should already have these of course)

- when did the leak itself first occur, if known,

- when was it first notified to the Agent,

- or was it not noted/noticed until the inspection,

- and has it happened before, if known.

 

As an aside, a few other thoughts:

 

Is an insurance claim required? If so, has it been raised with the Brokers and if so, when was the first call to the Broker.

 

Also, if the report was due 28/02, did you have to chase the Agent for the same and, if so, was it only then that the water leak was reported to you as the Landlord?

 

What does your agreement with the Agent say about notifying repairs/insurance claims to you too?

 

The Agent noted the leak two weeks ago and it is unresolved?

 

You need to know all this by return, so that your own position as landlord is not prejudiced in any way, otherwise you must hold them directly responsible for any claims, damages or costs and fees arising.

 

Hey ho, don't envy you, but hope that helps.

 

Let us know how it goes too.

[Conniff]

How are you supposed to know about the leak (or anything else) unless they send you a report. You should get on to them and quote your agreement.

[NewSAHD]

How are you supposed to know about the leak (or anything else) unless they send you a report. You should get on to them and quote your agreement.

 

It occurs to me that it depends on just how "hands off" the management is for the Landlord - it could be that repairs up to the value of £x are just done without reference to the Landlord.

 

That aside, the Landlord, here, seems to be asking a reasonable question and it is being sidestepped by the Agent for reasons currently unknown .

 

Be interested to see how it all pans out!