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    • i point you to two threads whereby you'll see an explanation by andy (post 22 here) https://www.consumeractiongroup.co.uk/topic/410486-lowell-interim-charging-order-from-credit-card-debt-2009/?tab=comments#comment-4912902   and   https://www.consumeractiongroup.co.uk/topic/406428-remortgage-issue/   if yours says:    written notice of the disposition was given to XX Council ( - disposition = sold vis: disposed of) ..... notice means letter telling them it's been sold -    doesn't say it must be paid or settled BEFORE disposition..   that's the way i read it.          
    • dx100uk   You are absolutely correct. That's exactly what the wording is! And if that's the case then - happy days for me! However, I thought that:   1. This wording meant the conveyancing solicitor had to tell the council that the house was about to be sold so they were aware!   But you are saying that the council only needs to be informed AFTER the house has been sold? Can I tell the council that? [I think I've seen something on the internet that says I can, rather than the CS] Or do I need the conveyancing solicitor to contact the council?   2. That this wording wasn't a restriction K [as I'd looked at Schedule 4 of the Standard Forms of Restriction] and tried to match my wording to those listed - and thought restriction K was the closest.     3. That this was a non-standard restriction [and that's what the Land Registry told me too and that the restriction was not a Restriction K!!! [see extract below]   Please remember that when applying for a restriction not in standard form:   it must always contain the words ‘is to be completed by  registration’ rather than ‘is to be registered’. This will serve to make the effect of the restriction clear. The term ‘registered’, where used in any of the standard form restrictions, means the completion of a registrable disposition by complying with the relevant registration requirements prescribed in Schedule 2 to the Land Registration Act 2002 (rule 91(3) of the Land Registration Rules 2003), but this statutory definition only applies to standard form restrictions. Please note that we will not accept restrictions not in standard form for registration that contain the words ‘is to be registered’   So I'm confused now. IF it is a restriction K - then the conveyancing solicitor doesn't have to do anything and I can let the council know.   It seems it is dependent on the wording 'completed by registration' and 'is to be registered'???   Below is copied from Martin's MSE.   This relies again on the 'is to be registered' whereas my wording is ' completed by registration' which you say is restriction K and LR says is not.   I need to go to sleep now!   Thanks dx.   Extract from MSE below.   If your property is jointly owned a creditor will not be able to obtain a CO against you, they can only get what is called a restriction. The laws on Restrictions are totally different to Orders, the most important being there is NO OBLIGATION for you to pay any of the proceeds of the sale to the creditor. However, during the whole court process you go through the reference from all parties (especially the creditor) will be to charging order and NOT to restriction. This is done in order to deceive you believing you are stuck with a CO. However, not all solicitors are aware of the law in this regard and it is important that you raise this point with them in the first instance before proceeding with them Quote: Restriction The restriction which can be entered on the register where a charging order is made against one of joint proprietors is in the following form :- No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of /I]an interim[I/I]a final[I charging order on the beneficial interest of (name of judgment debtor) made by the (name of court) on (date) (Court reference.…).        
    • Hi Tony,   Please ensure YF does NOT acknowledge any debt  when confirming their new address.   They should simply state, " Please note my new address, as shown above."   Do not say anything about "a debt owed", or "the money you are chasing."   Do nothing that resets the SB Clock - ie acknowledging the debt and causing probs for the next 6 years. 
    • you ring you bank    
    • i suspect the charge on the Land registry site against the house reads:   2. (XX.XX.2007) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to XX Council at P.O. Box XX, STREET, TOWN, POSTCODE, being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.   ..............   that is a restriction k and is useless to the council, as all 'legally' your have to do is inform them AFTER the house has been sold . then it's too late money has gone.   dx
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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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