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    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
    • How a fast-growing baby food firm saw investors pull out because of the Covid-19 crisis. View the full article
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Dave421

Damage caused by workman in HA property

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Posted (edited)

Hello there. 

 

I'm a tenant of a housing association property. Recently I had an issue with the toilet flush system. It came under general wear and tear so they sent someone out to sort it. The guy was totally useless and on the first visit didn't have the right parts. The second he did but he bodged it. He didn't fix the flush issue but now it refills faster so I can flush again quicker. 

 

After he left, I was outside my home later that day and saw water dripping out of the overflow pipe. Concerned about this I took a look inside the tank. What happens is it fills to the peak level but doesn't stop. It carries on with droplets and eventually gets to the overflow pipe levels and comes out the side of the house. 

 

Of course, it's costing me money in water waste. Would I be due any compensation for this (to cover the definite increase in my next water bill)? It was the plumbers fault entirely. Possibly he didn't tighten some bolts enough. I don't want to touch it as if anything goes wrong, I become liable. (I've requested a repair job on this and still waiting for them to send someone round). 

 

 

My second issue is with a fence. As we know with terraced homes it tends to be the responsibility of the tenant/homeowner to secure the fence on the left hand side. 

 

There was already a fence on the left hand side which the neighbours (also HA tenants) had put up before I moved in. It's on their land on their side of the boundary posts. 

 

A few months ago they left, stripping the house bare and damaging the fence in the process. The fence is now pretty much broken completely due to this. 

 

The property has been empty since and so I've contacted the HA about it. They told me the fence is my responsibly and that's that. 

 

Actually is it though? It's not my fence. The former neighbours bought and put it up before I even moved here. So how can I be responsible for someone else's property?

 

If the HA has accepted the property back, doesn't that mean the fence is now theirs? 

 

Do I have a case for being mislead into the tenancy agreement? As when I moved here, the housing officer told me the neighbours have taken care of the fence so I don't have to. Had I known I'd have to pay for a fence I wouldn't have signed the tenancy agreement (as I can't afford it) and I would have remained on the gold tier bidding system to find something else. 

 

Thanks :)

 

 

Edited by Dave421

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Scrap the fence issue. I've sorted that but now it's just about the toilet situation with water loss through overflow pipe. 

 

Thanks

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Adjust the ballcock.....small screw on the arm...or on newer systems Find the float adjustment screw between the fill valve and the flush valve.

 

Its a 2 min job.

 

https://www.google.com/search?q=Adjust+the+ballcock.&oq=Adjust+the+ballcock.&aqs=chrome..69i57&sourceid=chrome&ie=UTF-8


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16 hours ago, Dave421 said:

 

My second issue is with a fence. As we know with terraced homes it tends to be the responsibility of the tenant/homeowner to secure the fence on the left hand side. 

 

 

 

I know you've sorted this problem now, but for future reference, we do not know that because there is no such general rule.  If it was a freehold property you'd probably have to check the deeds to see who owned the fence.  If it's a tenancy I assume you'd have to check the tenancy agreement to see who was responsible.

 

(Whether it's worth starting an argument with a neighbour over the upkeep of a fence is another matter).

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51 minutes ago, Andyorch said:

Adjust the ballcock.....small screw on the arm...or on newer systems Find the float adjustment screw between the fill valve and the flush valve.

 

Its a 2 min job.

 

https://www.google.com/search?q=Adjust+the+ballcock.&oq=Adjust+the+ballcock.&aqs=chrome..69i57&sourceid=chrome&ie=UTF-8

 

It's really too complex for me. I haven't even got the right tools. 

 

Plus I had a look earlier and there's a round...pipe screw/connector? The sort of thing you see under the sink linking pipes. There's a seal of some kind there and water is spraying out if that seal. 

 

When I pull the ballcock up, the water still comes out of the filler part (whereas it should stop if it's an adjustment issue?)

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23 minutes ago, Manxman in exile said:

 

I know you've sorted this problem now, but for future reference, we do not know that because there is no such general rule.  If it was a freehold property you'd probably have to check the deeds to see who owned the fence.  If it's a tenancy I assume you'd have to check the tenancy agreement to see who was responsible.

 

(Whether it's worth starting an argument with a neighbour over the upkeep of a fence is another matter).

 

There isn't but when properties are built isn't it fair to say that if there's a boundary post in place, the fence would be built in front of that post on the land belonging to that home? So when it's sold the buyer is purchasing that fence on their land too? So generally they would be responsible for their fence?

 

I guess I just grew up thinking the left side would always be down to me to maintain, unless as in this case, the fence is clearly located on someone else's land and it is known to belong to someone else. 

 

In the end the HA said I was given wrong info and that I was indeed correct that I'm not responsible for that fence due to the land it's located on and the owners of it. 

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2 hours ago, Dave421 said:

 

It's really too complex for me. I haven't even got the right tools. 

 

Plus I had a look earlier and there's a round...pipe screw/connector? The sort of thing you see under the sink linking pipes. There's a seal of some kind there and water is spraying out if that seal. 

 

When I pull the ballcock up, the water still comes out of the filler part (whereas it should stop if it's an adjustment issue?)

 

 

Sound like it requires a new cistern valve then...

 

https://www.wickes.co.uk/Wickes-Bottom-Entry-Cistern-Ball-Valve/p/421636


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new cistern valves a doddle to replace and usually somehtinmg you are responsible for with LA/HA rental.

 Turn the water off, drain toilet and use adjustable spanner to undo the locking nut where the pipe connects to the valve assembly. Take old valve to plumbers merchants and buy identical one,

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I have to disagree that a Tenant is responsible for the replacement of anything within the Toilet Cistern whether it be the ball cock of the entire internal valve this is the Landlords/Housing Associations responsibility responsibility to repair and never the tenants.

 

Housing Association like to try and pull a fast one with things like this but it is their responsibility to repair so simply contact them and report it as a repair as you would with any other repair.

 

 


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It is written into the tenancies of some councils (eg Croydon, Lambeth, Northamptonshire from personal experience) that internal plumbing fittings are tenants responsibility so tap washers, bathplugs, toilet cistern valves etc fall into this. Now if your tenancy DOESNT expressly say that they are your responsibility then they are the LL's

 

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