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    • Hi all,   I hope this is the right forum to ask the question.    Today I have had a knock on the door, with a man claiming to be a roofer saying that he and his team is doing a big job near by and today there is some down time and they would like to go around the neighborhood to find extra jobs with a discount. He looked genuine enough and asked if I would like to have my gutters cleaned.  When he gave the price of 120 pounds and that he would do it straight away.  I agreed.    I was very busy today with back to back work meetings and I just left them doing the job.  Soon one of his team came to me again saying that while cleaning the gutter he saw some missing slated and rotten timber underneath, with some small birds nesting in the holes, asking if I would like to get it fixed.  I asked for a quote and he said no more than a couple of hundred and he can do it quickly.  If I don't fix it then potentially it would result in damages to the walls etc.  He wanted to show me the damages but I was in the middle of a meeting and just agreed, but insisted that I must be informed of any more work and anything more expensive I need to see a quote first before deciding.   So about two hours later they told me they have completed the job --- I did not observe them.  And to my estonishment they gave an invoice initially of 1750 pounds!  The reason, they explained was that they went on to the flat roof and find edge of the roof splines to be in a poor condition and decided to repair those for me.  They used concrete to secure them and was quoting 40 pounds each, for total of 41.  They also said they sealed the lead covers underneath.  The original job to fix the rotten timber was quoted at around 500 (already much more than I was expecting).  They gave me a discount which resulted in that 1750 figure.  They claimed repairing those were necessary as part of repairing the rotten timbers?  I am no expert but it didn't sound right.   I am definitely not happy and asked for an itemized breakdown of materials and labour before I will consider paying any of it. They then sent me an invoice of 1500 with no details at all.   It has now dawned on me that all of it feels so fishy.  I am considering my next actions:   - I am willing to pay for gutter cleaning - I am willing to pay for the repairs for rotten timber, IF they can provide proof of what they have done.  I am asking for before and after photos. - I am not willing to pay for the work I have not asked for and did not know of beforehand.  They tried to make it sound like I agreed to it, but I am quite certain I definitely did not.  However there is no proof, everything is verbal.   There are no contracts signed.  As of now I have not paid them a penny.   I wish to seek advice on if my next step actions are reasonable and what other courses I should take?  To be honest I am now really gutted that I opened the door for them, and I am now even not sure if they had actually replaced anything on my roof as I did not see any rotten timber being taken down, no waste whatsoever.  I am even more worried if the roof was damaged in the process.   I am sure they will be coming back to my house tomorrow to demand payment, so any advice on how to deal with them would be really helpful.  I also don't want to antagonise them, I have no idea who those people are, I checked their company and it looks like they only established it last year.   Thank you so much in advance!    
    • You think the "Local Council" (of other authority depending on the status of the road) had a responsibility to take winter weather precautions for your protection.   Before gaining my support, can you confirm that you did similarly by equipping your car with 'winter' tyres?   Most people 'south of the border' do not bother. In many countries/regions (including where I live) they are obligatory in winter months irrespective of daily weather conditions.  They work, even on black ice, but adapting driving style is still required.
    • well cabot get nowt then.   cant hurt to CCA BC, they never kept them in the right format most of the time anyway.   the Barclays OD , what i means is you are no longer having any wages/benefits or anything paid into it...thus you are controlling when it ever gets any money...whats the sum?
    • aI have made a further complaint to the ICO regarding the second incomplete data disclosure received from Ombudsman Services. Within their disclosure is a key document missing a date. The date on the document I am in receipt of does not match the data of the document the Ombudsman disclosed and appears as if their document could have been deliberately falsely dated by a member of staff that works(ed?) in the "Legal & Compliance Team".   I believe I am now in receipt of evidence that the OS is attempting to mislead both myself and the court.   Are the CAG aware that it is highly likely that a signifcant number of staff that work at Ombudsman Services also work on behalf of POPLA? This should certainly steer the understanding of what sort of treatment appellants can receive when using such a "service".
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Short Assured Tenancy - habitable condition


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Long story short...

 

Any experts on Scottish short assured tenancies here? We've just rented a property and there are problems which are having an impact on health, namely damp and air quality.

 

The land where the house is situated was flooded a few years back, and it will take a few years for the land to return to its normal water table level. The land under the house is still damp, causing an unpleasant smell in the house, not to mention the potential for hazardous spores finding their way into our lungs.

 

The piping under the floor has old cladding on it. The cladding has deteriorated with age, and is disintegrating. The particles are entering the house and circulating in the air. This is aggravating my partner's asthma and god knows what damage it could do to our new born baby.

 

We are effectively being released from our obligations for the tenancy duration (6 months) and are having our deposit and month rent refunded, minus our landlords estate agent fees (approx £250).

 

Any experts feel we should accept this (we really need the money for our new new digs), or do we have a case and go for a full refund plus removal costs, hotel expenses (we had to stay in a hotel one night the problem was so bad), etc etc? We believe the house was not habitable and therefore should never have been let.

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It sounds as if the property is not fit for habitation and as such I think deducting £250 is a bit excessive. I would be tempted to say no. If you google scottish tenancy law, there are some very informative websites but I am not sure that your specific situation would be covered. In England and Wales, most councils have someone who helps private tenants - and there is also the Environmental Health department - you should see if your local council has these services. Considering the conditions you describe, I suspect the environmental health would be prepared to get in volved - and of course, it is quite possible that if you mention contacting them to the agent, their £250 demand might dwindle......

Kentish Lass

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

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Thanks Kentish. Environmental Health have already been out to see the house and identified the problem, although they didn't comment on the suitability to live in. EH took a sample of the cladding to check for asbestos so once the results are in, hopefully he'll send us a written report. Quite simply, the place can't be lived in to an acceptable standard. I have no chronic breathing problems but after only 10-15 minutes in the property I can feel a wee bit wheezy myself, and much longer I get a headache. A joiner friend has confirmed the smell is that of dry rot. The missus has her 6 week post natal checkup today so hopefully the doctor can point us in the direction of further help.

 

I actually sought advice from a solicitor who feels I would have a good case to ask for everything back- full deposit, full rent, removal costs, hotel, etc. He recommeds we ask for it, and if he won't give it then accept his offer so long as we don't sign a full and final settlement, then take him to small claims for the remainder. If we accept his offer we have lost over £500.

 

We have just started moving our stuff into our new home to discover another problem. All of our clothes etc are stinkning and will need washed. Soft furnishings such as pillows, cushions, and matresses are stinking right through and will have to be replaced. We're probably going to have to chuck our sofas in the skip. Everything else will have to be washed down. Our new home is currently smelling of it too because of all the dust ingrained into our clothes etc.

 

I think we will definately be taking a small claims action.

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