Suing landlord, what next after LBA?

[marlow]

I rent a room in a house share and I have a £100 deposit in place. Have been here nearly 2 years already, but that's neither here nor there. It's always been the landlady also lived here but she is soon moving away and another tenant is coming. Anyway am not sure what exactly is in the contract but roughly it'll be the usual stuff of whatever damage is caused will be taken out of the deposit. What I want to know is what is deemed as damage and what is wear and tear? Basically the issue is this. The carpet all over the house is white! Yeah real clever with 2 cats! Anwyay my room is small so there is a small path way only a foot wide that is constantly used for walking around my bed and drawers etc. as the carpet is white there is OBVIOUSLY a blueish tint embedded in from wearing dark socks. She is getting the carpets cleaned before she leaves and said if the sock fluff doesn't come out she will have to charge me! WTF?? This surely cannot be classed as damage as it's basically dictating wot flippin socks I can wear!!!! Anyway despite that, there are also one or two small spots of like felt pen n stuff from my daughter, and I mean ONE OR TWO SMALL SPOTS. Easily seen tho. She says if carpet cleaning doesn't get this out she will have to replace whole carpet now surely I can't be charged for a whole carpet??!!

 

Thanks for any help

[MrShed]

Simple.

 

- Sock wear - fair wear and tear, not chargeable.

- Pen etc - not fair wear and tear, irrespective of size.

- If she replaces the carpet, then she is only entitled to charge what carpet of that age and type would cost now. Realistically this obviously isnt possible, so basically you would only be liable for a percentage of the new carpet replacement. How old is the carpet, do you know?

- Did you see any inventory upon moving in? Doubt it in a lodger situation.

[marlow]

No there was no inventory but she is creating one now when she moves away. The carpet isn't that old maybe 2 years tops.

[MrShed]

You could argue, should it go that far, that as there was no inventory that no damages are provable (i.e. she would need to show to a courts satisfaction that these "damages" were not in place when you moved in).

 

However, being a resident landlord, I doubt she would have too much trouble in stating that the fact she has been there daily will be "proof" enough, it will basically come down to her word against yours.

 

If there are pen marks then they should come out with a thorough carpet clean anyway, so hopefully this is a theoretical conversation.

[wheelergeezer]

She cannot create an inventory retrospectively to be used as evidence of condition and or items when you moved in.

 

As Mr Shed advises, new carpet for old is not on the cards.

[marlow]

Can anyone tell the path I need to take to have these exposed and punished? Basically the story is the boiler where I live packed up on Saturday. There is a child below 5 in the house (who is freezing to death!) and STILL no one has been out to fix it. The roads are NOT bad in this area there is absolutely NO excuse for it. It seems they are only using ONE contractor per area and that if we get our own local one out and send them the bill they claim they are not responsible for it! DISGUSTING!!!!!!!! Who do I contact about this? I wanna go as high as possible. I guess there's the local MP for a start. What about the papers would they be willing to publish a story just on my word etc???

 

ps no clue if this is in the right place, navigating this forum is alot harder than it used to be, plz move if so, thanks.

Edited December 20, 2010 by marlow
edit but don't help out, jeez what a great mod

[bigegg]

fastest way?

Phone environmental health department of your local council.

The charity "shelter" will be able to help - they have a telephone helpline (dunno the number, sorry).

 

Do you have any heating?

 

What sort of tenancy agreement do you have? - be aware that rocking the boat too much with your landlord can see you on the streets.

[NewSAHD]

A call to Environmental Health will do no harm, perhaps, and helps record what's happening...

 

Do you have any heating, or hot water at all though? Anything?

 

Are you - and your child - able to stay with friends and family in the meantime, if needs be?

 

I know what I'm about to say is not what you may want to hear - and it also does depend on how quickly Paradigm claim they attend to matters such as this, as set out in any more formal service standard (their website gives information, including http://www.paradigmhousing.co.uk/index.php?pageID=78 have a read through that and report back to us - usually I would, but I can't now as need to go, sorry) BUT this was reported, out of hours, perhaps, on a Saturday and we're 'only' Monday today? I'm not suggesting this is ideal, or acceptable, but it depends (to a degree) on their service standards too. So, have a read through their website and let us know what you find

 

When have they said they can attend though?

 

By all means be firm, but fair, with them - but you need them to sort this out for you, so keep it polite. It's very frustrating I know and no offence intended, but you need them on side here so you can get this sorted

 

Alternatively, find a suitably qualified and experienced local contractor anyway, find out how quickly they can attend - and at what cost - and then ask Paradigm (bearing in mind we are in the run up to Christmas) if they will, on this occasion, allow another contractor to deal with this rapidly. There will be reasons why they may not want 'unknown' contractors dealing with this, not least of all insurances, control over costs, conflict with existing contracts and the like. That said, no harm pursuing this in parallel, otherwise nothing much may happen until after the Christmas break, of course

 

I don't mean to be unsympathetic, I have a young family and our boiler AND immersion both packed up on the same day and we were without heating and hot water too - and even though I can do some of the work myself AND have local contacts who attended pretty much immediately to the gas boiler it STILL took two days or so to sort - and we had some luck on our side too, such as a friend have a PCB on his van that fitted the boiler and my finding the last two immersion rods in the local area that would fit, where everywhere else was out of stock

 

And, long before I had kids, I once moved in to a house on New Years eve and the boiler blew up... so all those who had helped us move sat in sleeping bags for the night eating a take away. I know it's not easy and it IS cold out too (I had to sleep in the car overnight the night before last with a disabled friend who was stuck) but just stick with it and do what you can to help yourself where you can too. Please accept all this in the spirit intended too and I'll check back in later, as will others, I'm sure

 

So, do you have any heating / hot water at all?

 

What does their website say about repairs / emergencies such as this?

 

How soon have they said they can get someone to you?

 

Is there any way you can get a temporary supply of hot water / heating of some sort?

 

Are there friends or family you could stop over with temporarily?

 

Typed at speed and may well come back later to edit, but hope all that helps all the same... in the meantime, good luck, hope this gets sorted for you rapidly now

[andydd]

Is this a rented or leasehold property ?

[NewSAHD]

Andy, hi, marlow referred to a house, so I've assumed it's a rental - http://www.paradigmhousing.co.uk/index.php?changeUserZone=1&pageID=2 Got to be off now, hope to be back later though...

[marlow]

 

What sort of tenancy agreement do you have? - be aware that rocking the boat too much with your landlord can see you on the streets.

 

Oh trust me if it was PRIVATE landlord it would be his jaw rockin!!

 

We do have some heat yes but that's totally besides the point! There's an immersion for hot water, not 100% if it works properly yet as water was still hot from before the boiler went. The link you provided says they expect someone to be out in 24hrs. It was reported Sunday morning.

 

I very much doubt there would be an issue with if it was a council house. I've lived in council properties most of my life and they have always had someone out within a couple of hours tops!!

[NewSAHD]

Oh trust me if it was PRIVATE landlord it would be his jaw rockin!!

 

We do have some heat yes but that's totally besides the point! There's an immersion for hot water, not 100% if it works properly yet as water was still hot from before the boiler went. The link you provided says they expect someone to be out in 24hrs. It was reported Sunday morning.

 

I very much doubt there would be an issue with if it was a council house. I've lived in council properties most of my life and they have always had someone out within a couple of hours tops!!

 

I've had a quick look at http://www.paradigmhousing.co.uk/index.php?pageID=78

 

It states "Having no hot water is NOT considered an emergency. The only exception to this would be for household members who are frail, elderly or registered disabled."

 

It does state it will be treated as an emergency if

 

"Where, due to failure of the heating system, either children under the age of five, the elderly, the disabled or the sick are in a situation without space heating (between the months of October to April inclusive)."

 

but you do say you have some heat - so, how should the heating be provided, if it were working (gas fired central heating? please advise) and what are you currently using (some form of space heating? free standing electric heaters? please advise)

 

So, if you have some heating (please advise) and have hot water too (via the immersion) then, to my mind, they may not class this as an emergency

 

Their website also states (at http://www.paradigmhousing.co.uk/index.php?pageID=194) that

 

"Whenever you report a repair we will tell you when you repair will be done:

• If it is an emergency, it will be done within 24 hours
  
• If it is urgent, it will be done within 5 days
  
• If it is non-urgent (routine), it will be done within 20 days"
  

What have they told you direct?

 

Also, the other link at http://www.paradigmhousing.co.uk/index.php?pageID=78 states

 

"If an emergency call-out is not a genuine emergency, the costs incurred will be charged to you." so be a little wary as to how you pursue this, perhaps

[marlow]

Pardon me for any misunderstanding caused. It is being treated as emergency as there is a child of 3yrs here. They have indeed said it's being treated as urgent and will be attended to within 24hrs but that was yesterday morning. The heating system is gas central heating yes. There is no other heating. We have had to put the gas cooker hobs on full blast and pretty much huddle up in the kitchen for warmth.

 

ps we have still heard nothing. Whatever their crappy contracts state, it's still an absolute farce that they liimt themselves to 1 ot 2 contractors for entire areas. There are THOUSANDS of plumbers who would be glad to urgently attend who are probably short for work but all they care about is their own accounts. The mere fact housing associations HQ's themselves are always bloody miles away from any of their houses is pathetic. Bring back the good old fashioned council all is forgiven!!

[NewSAHD]

Pardon me for any misunderstanding caused. It is being treated as emergency as there is a child of 3yrs here. They have indeed said it's being treated as urgent and will be attended to within 24hrs but that was yesterday morning. The heating system is gas central heating yes. There is no other heating. We have had to put the gas cooker hobs on full blast and pretty much huddle up in the kitchen for warmth.

 

ps we have still heard nothing. Whatever their crappy contracts state, it's still an absolute farce that they liimt themselves to 1 ot 2 contractors for entire areas. There are THOUSANDS of plumbers who would be glad to urgently attend who are probably short for work but all they care about is their own accounts. The mere fact housing associations HQ's themselves are always bloody miles away from any of their houses is pathetic. Bring back the good old fashioned council all is forgiven!!

 

Hey, no worries, hope whatever I posted wasn't telling you too much of what you already know either

 

If they know your circumstances (especially with regards your child) and they've told you they are treating this as an emergency and will attend urgently then I'd call them know, before they close, and say you've not heard from anyone and were told that you would - if that's the case. Keep it simple, polite and direct and see what they say. Post back so everyone on CAG can comment further as needed

[marlow]

I have just tried calling them @ 4.53pm and their lines are closed yet office hours are supposed to be open til 5pm. Another complaint I wanna log.

[marlow]

Someone came out today about 12pm. So longer than 48hrs after we first reported it. Also, I asked the gas guy when was the first time he'd been contacted about us and he said THIS morning. Will the housing assoc have their own complaints dept? Any kind of ombudsman for this sort of stuff?

[NewSAHD]

marlow, I'm really glad this has been sorted for you, really am, bearing in mind you have a young child there with you too...

 

Have a look at Paradigm's website though - screen shot attached

 

 

It's clear they are under pressure and yet they've still sorted the problem for you in, arguably, a very reasonable timescale.

 

If you wish to take the matter further, that's your prerogative, but - for whatever it is worth - I'd be tempted to email them and say "Whilst I was initially unhappy I should like to thank you to your staff and contractors for sorting out our problems at this difficult time, it is much appreciated - and a Happy Christmas to you all too" or somesuch.

 

Yes, they get paid to sort this, yes, they could have seen some of the problems arising, but, I'd pretty much bet on the staff who were in their office the past few days are not paid a huge amount, have families (young and old) to provide for and, often, have a pretty thankless task too. A simple 'thank you' sometimes goes a long way

 

Also, being brutal, a formal compliant over such a matter may, perhaps, take front line staff away from dealing with the next problem - especially where they are already stretched at present.

 

Life is short, it's Christmas too, and on reflection, perhaps, you might reconsider your proposed course of action?

 

Whatever you decide, glad it's been sorted though

[marlow]

I know the law in the basic fashion, that one month's notice is required of tenants, but there really are lots of tiny grey areas that I can't find out about.

 

There is a proper written contract for where I stay. It quotes that I live there on a "month-to-month basis". However I do in fact pay the rent on a week to week basis, as bank statements for the last 2 years show. Also..."if the tenant wishes to end the tenancy they must give 30 days notice." It also states about the landlord having to give 60 days notice, but what isn't stated is the fact these are supposed to be FULL RENTAL MONTHS (which I believe the law is?). So if it doesn't say this on the contract then can I give my notice as from any day at all? ty for any help

[xoAmyox]

You can give notice at any time, but this notice must be a minimum of 4 weeks, and should expire at the end of a rental period. For example, if you pay your rent on a Monday, the last day in a rental period is a Sunday.

[marlow]

So she defo can't back track and say "oh I meant a FULL rental month?"

[xoAmyox]

If your original contract has run its course, and you are, as you say, on a 'month to month' tenancy, by law you only have to give 4 weeks notice.

However, if you are still within the fixed term contract, then you have to follow the notice period written in it to the letter.

If you give the dates etc then it will be easier to know for sure.

[marlow]

We're well into month by month I've been there 2 years lol. Thanks alot.

[marlow]

I have just agreed to move into a new room where the house is also ocupied by the owner. She just sent me the contract and first of all it says the tenancy runs for one year, on a month to month basis. Well I always thought 6 months was the longest a contract can be for and then it is month by month after that?? But THE most hilarious thing of all, it also states...."4. LATE CHARGE: A late fee of £50.00 shall be added and due for any payment of rent made after each Monday of each week. Any dishonoured cheque shall be treated as unpaid rent, and subject to an additional fee of £50.00." This surely cannot be applied, right? Surely if giant companies are not allowed to profit from charging people then this won't stand?

[Planner]

I have just agreed to move into a new room where the house is also ocupied by the owner. She just sent me the contract and first of all it says the tenancy runs for one year, on a month to month basis. Well I always thought 6 months was the longest a contract can be for and then it is month by month after that?? But THE most hilarious thing of all, it also states...."4. LATE CHARGE: A late fee of £50.00 shall be added and due for any payment of rent made after each Monday of each week. Any dishonoured cheque shall be treated as unpaid rent, and subject to an additional fee of £50.00." This surely cannot be applied, right? Surely if giant companies are not allowed to profit from charging people then this won't stand?

 

As you are renting a room from an owner occupier, you are likley to be considered a lodger rather than a tenant. You therefore have very little protection. As a lodger, the contract can be as long or as short as you choose. In terms of a 'late payment fee', its enforcability or not is likley to be pretty irrelevant, you arent dealing with an anynomous business where the only outcome of your refusal to pay 'late fees' is likley to be a few indifferent letters. In this situation, refusal to pay a late fee is likley to result in you loosing your home as there is very little to stop your frustrated landlord placing your stuff in the garden for your collection when you return home from work.

 

I think the simple answer is, if you want a shorter contract then negotiate it now and if you dont want to pay late payment fees, either negotiaite them away or ensure you are never in a situation where the contract requires you to pay them.

[marlow]

There is a patch of paint taken off the wall where my head has been leaned against it as the bed has never had a headboard, and there are a few tiny spots taken off for whatever reason (I don't even know). I said some spots need touching up and I'm willing to pay for the paint but she has got a painter in to quote for the entire room and wants to take the whole bill out of my deposit!! Surely this is just regarded as wear and tear anyway????