Need help: disrepair, TDS, gas safety

[NewSAHD]

mich_21, have sent you a PM

 

MrShed, morning, you're a popular outhouse/person (sorry! it's been a long morning already), as "MrShed has exceeded their stored private messages quota and cannot accept further messages until they clear some space."

 

Need to sign off shortly for much of the day, but will check back in later.

 

Hope the righteous indignation is accepted in the spirit it was intended though.

 

Catch up soon.

[NewSAHD]

thank you so much! I think I just needed some reassurance that what I'm asking for is still justified. He's screwed with my head so much in the past months, I started to feel like I had done something wrong. sigh.

 

thanks again.

 

At the risk of sounding like a self help book ... on the face of it the only thing you have done is to be reasonable in your approach throughout, with an individual who does not respond to reasonable approaches.

 

There should be a way, however, to make him take notice, which I shall PM to you and MrShed first, as soon as I can, prior to posting on the main forum and / or taking up PainSmith on their kind offer too.

 

Must go now, but catch up as soon as can.

[MrShed]

Will clear them once more!!!!!

[mich_21]

oh and I've emailed you and NewSAHD.

 

have a good day!

[MrShed]

NewSAHD - what are your current thoughts on this?

 

Unfortunately, my time pressures continue, and I'm not going to be able to give this the attention it deserves - in particular, its going to be a while until I can go through the paperwork in detail. Have you made any findings regards the paperwork that the OP has sent over?

[NewSAHD]

Quote:

Originally Posted by MrShed

Unfortunately, my time pressures continue,...

 

Know the feeling well.

 

Have sent a PM to you and mich_21.

 

Intend to review this later tonight in more detail, but it seems to me, from what I have so far read, that the Property Manager has clearly let mich_21 down very badly here

 

For instance - and please don't get me started - who here would ignore, delay, obfuscate and generally d1ck about (sorry) getting, arguably, a very simple job sorted, whilst all the time knowing full well that tenants were without hot water and heating from November 2009 to March 2010?

 

What was the Property Manager thinking? Frankly, it beggars belief.

 

More so when you read through the details of emails, texts and calls that were exchanged over many months. Not that there were always replies to mich_21's quite reasonable and repeated request for help from the Property Manager.

 

If only mich_21 had come to CAG in November.... Sorry mich_21, hope it's OK for me to say that, as painful as it may be to you now.

 

I am relatively clear in my mind where this could go next though, but I should first like to speak with a solicitor friend. I hope to do so tomorrow, as I should hopefully be in his office dealing with something unrelated.

 

mich_21, this will be on a "no names" / "no mention of forum" approach, out of courtesy to you, although I trust my friend implicitly - he has assisted me unfailing now for at least 15 years with professional and personal matters too, so maybe I should not be so coy!

 

I should like to think on all this later, but catch up as soon as we can.

Edited March 29, 2010 by NewSAHD

[NewSAHD]

MrShed, morning...

 

"MrShed has exceeded their stored private messages quota and cannot accept further messages until they clear some space."

 

...if OK, have a PM for you?

[MrShed]

Cleared

[NewSAHD]

Done, cheers!

 

Unrelated, but hope may prove helpful in some ways.

 

Off now for reasons mentioned, back later.

[mich_21]

trust me NewSAHD, I wish I found this forum in November too!

 

But nonetheless, I found it now and you guys are monumental in driving this forward...otherwise I'd still be crying every night (and after every email/text with him!)

[NewSAHD]

mich_21, you're welcome.

 

That said, the kids have been ill throughout the night, or, at least, two of them - so I think I shall be crying shortly too. They are playing quietly for now though, so I'm off to sink in to a vat of coffee

 

MrShed, you're a popular guy (or receiving a fair amount of privately PM'd grief) as just had "MrShed has exceeded their stored private messages quota and cannot accept further messages until they clear some space."

 

My PM to you from @10.20am re boiler has now been copied on to mich_21, just so you know though.

 

Signing off now, catch up laterzzzz.

 

[mich_21]

Would like everyone's opinion: Do you think we should get a solicitor and just push forward with this? We're still in the flat and planning to move out as soon as our break clause comes up (sometime in June).

 

Appreciate everyone's help immensely, but understand that everyone is also very busy, especially with Easter break coming up.

 

Many thanks!

[NewSAHD]

PM with you and MrShed

[MrShed]

As I previously said, I think this is in danger of being overcomplicated.

 

IMHO withhold 25% of rent, and proceed for TDS non compliance after termination of tenancy.

[NewSAHD]

Agreed - to a degree .

 

To my mind the professional standing of the property manager has some bearing on this though.

 

With only two months to go I wouldn't be rushing in to anything - and would be seeking to withhold the rent in the latter stages, so as to not to tip the other side off just yet.

 

I certainly would not raise the question of deposit protection again with either the property manager, or the letting agent.

 

Let them walk in to it.

[mich_21]

Okay, I've contacted a solictor and he's currently reviewing my papers at the moment.

 

Can I just withhold 25% of the rent? Do I need to write to the property manager first to inform him of my action? Every time I threaten to withhold rent, he says he'll take me to court...

[NewSAHD]

Okay, I've contacted a solictor and he's currently reviewing my papers at the moment.

 

Good move - and good for you too

 

Can I just withhold 25% of the rent? Do I need to write to the property manager first to inform him of my action? Every time I threaten to withhold rent, he says he'll take me to court...

 

Personally, would do nothing at this stage to tip the property manager off to what is coming his way.

 

Be guided by what your solicitor says, but, as you are closely familiar with how you have been treated, don't hesitate to query the advice you are offered too!

 

Best of luck and look forward to hearing how it all works out.

[mich_21]

Hi everyone, just a bit of an update:

 

We got in contact with a referred solicitor and we're still in the process of hammering out an fee agreement.

 

Several things raised concerned that I'd appreciate the experience and knowledge of you from: if he registers our deposit now (almost 2 yrs late) is our case out the window? That's the feeling I'm getting across from the solicitor.

also, the chances of getting compensation for the broken boiler doesn't seem that great, because it's hard to put a monetary value to discomfort?

 

he's suggested that we take out insurance in case we lose and we have to pay for all the fees, plus the opponents fees. what is your advice on this?

 

this is all getting a bit scary...

[MrShed]

It depends who he registers with quite frankly.

[mich_21]

just called all three schemes again, it's still not been registered.

[mich_21]

need advice,

 

my solictor has gotten back to me and said that the ATE insurers are not willing to take my case on - he assures me that this is not because they don't expect to be successful, but because the value of the legal fees is too low...

 

is this a bad sign???? should we still continue anyway without ATE insurance?

 

What if we lose and I can't pay it all? I'm a poor phd student!!

[mich_21]

my head is really hurting from all of this again - now I'm thinking - should I just proceed with this through a small claims court and just go through it alone?

 

help. please help.

[NewSAHD]

Hi, hello again...

 

It's been a little while, sorry to hear your news though

 

For whatever it is worth, sorry, too, as I have not been around and see now that the last time I visited CAG was..."You last visited: 20th April 2010 at 22:54" and then only to collect some information...

 

Will have a read through our earlier exchanges, but for now could you

 

a) check to see if your deposit has been protected since we last chatted - and do so without alerting the Property Manager or his Letting Agent (no matter how friendly the latter has been)

 

b) confirm the date you are due to vacate

 

c) confirm what notices have been served/arrangements have been with regards you leaving too

 

Others here at CAG far better understand the niceties of deposit protection... will leave others to comment on this aspect, if OK

 

My gut feel, at this stage, is to

 

- (re)document your complaints and concerns to the Property Manager, which happy to help you draft,

 

- tell him what you want, without being too mercenary, bearing in mind you may want to use your "new" written complaint letter to later...

 

- ...raise a formal complaint to his professional governing body, the RICS, as, for whatever it is worth, I feel his conduct falls well short of that which the RICS would expect of him...

 

- the threat of reporting him to the RICS and to his Client (who, earlier, he claimed knew all about this... hmm) may, perhaps, give you some leverage

 

Will read through again though and write again as soon as can

 

Hope that helps for now

[mich_21]

Hi NewSAHD, long time!

 

a) check to see if your deposit has been protected since we last chatted - and do so without alerting the Property Manager or his Letting Agent (no matter how friendly the latter has been)

 

have checked - still not registered with any of the three!

 

b) confirm the date you are due to vacate

 

June 26th

 

c) confirm what notices have been served/arrangements have been with regards you leaving too

 

emailed PM and LA and PM replied that he acknowledges my notice to end tenancy

 

Thank you for your suggestions - but I get the feeling that our PM will be calling my bluff as he has in the past with any concerns I raise and will continue to threaten me with legal action. I guess I really have no option but to take him to court, or just drop it all, completely.

 

If I threaten that I will report him to RICS, he would just laugh in my face. sigh.

 

will have to sleep on it, i think I'll just have to continue and risk losing a chunk of my savings on fighting this battle.

[NewSAHD]

Hi NewSAHD, long time!

 

Oh yes, more than I could possibly say!

 

 

 

a) deposit still not registered with any of the three... ok noted

 

b) vacating June 26th, ok, gives some time to to and fro

 

c) PM has acknowledged your notice to end tenancy, noted too

 

If I threaten that I will report him to RICS, he would just laugh in my face. sigh.

 

I can only speak from personal experience, but IMHO, don't underestimate the weight that could be given to threatening, or, indeed, writing direct to the RICS and to his Client too.

 

As previously advised I was a little shocked to see who your Property Manager was... or, at least, who he seemed to be, on the face of it... I do not believe he would put up with the problems that you experienced had it been in his own home... so, perhaps it is time to call his bluff

 

As for the deposit, slight tangent, I don't recall that I checked his own company's accounts, as to his own financial standing, but did you?

 

I ask as he was adamant that the landlord knew all about your issues, but it seemed doubtful, to me, and we should use this time now to complete our checks on him and best protect the return of your deposit too.

 

will have to sleep on it, i think I'll just have to continue and risk losing a chunk of my savings on fighting this battle.

 

Will sleep on it too... and, agreed, no point throwing good money at bad, but if this is timed right, you could, perhaps, pay your last month's rent, less a suitable deduction, then, later, let him walk in to problems with deposit penalties too... save for one thought, whilst his company is UK based, his Client is not... as I say, best we all sleep on it.

 

Two last questions, for now:

 

I gather you only have one month left to pay, perhaps on or around the 26th May, for the month in advance? If so, shame, but when is your last rent payment actually due?

 

Is there any period of grace in your tenancy agreement as to when rent has to be paid before interest kicks in (ie 14 days) ?