Need help: disrepair, TDS, gas safety

[NewSAHD]

More than welcome.

 

May as well PM us the Letting Agent's details as well!

 

Catch up soon.

[MrShed]

unless you work for him? I've just suddenly realized that he might read my posts.... as you can tell, I'm very intimidated by him...

 

I hope something good will come out of this otherwise I feel awful for wasting you and MrShed's time!

 

 

You are right to be wary, so dont post personal info on the forum, or anything that might identify you or the situation.

 

I can vouch for NewSAHD though, and I have been on the forum long enough that you can probably assume I dont work for them

 

Time is never wasted when it comes to people like this!

[MrShed]

Out of interest, how much in arrears are you, as they mention it in the email? Sorry if you have answered this already.

[MrShed]

PMs are clear now NewSAHD

[NewSAHD]

I can vouch for NewSAHD though, and I have been on the forum long enough that you can probably assume I dont work for them

 

Why, thank you, that was unexpected!

 

Time is never wasted when it comes to people like this!

 

Trust OK for me to say "I agree with the agreement"

 

More seriously, I have put a number of questions to mich_21, which she has kindly already answered.

 

Your message box is full, so will edit the exchange and post it here as soon as I can.

 

The house is here is waking up now though after a long week, so may not be back on line until later in the day. Cheers for now, catch up later.

[NewSAHD]

PMs are clear now NewSAHD

 

Ah, thanks, that will save some time. Eldest is up, the others are all snoozing, so have a few minutes here before the day kicks in! PM on it's way...

 

(EDIT - All PM's now forwarded. Can hear my youngest, so off now. Catch up later)

Edited March 27, 2010 by NewSAHD

[mich_21]

MrShed, we're not in arrears, I threatened to stop paying rent if he didn't give me the landlord's details. Rent is due today, so I'll transfer it through, I guess.

 

We've always been on time with rent and the rest of the bills.

[NewSAHD]

MrShed, hi, self-explanatory PM copied below...

 

===

 

Hi, try

 

The Consumer Forums - FAQ: Reading and Posting Messages

 

and use PM in the first instance, although I've never had a go at this before now.

 

Interesting thread just started too at

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/253579-spypig-com.html

 

but, personally, suggest no further contact with the property manager, just for now, and not until some agreement reached as to the best way forward.

 

Off to finish cooking tea for the kids now before they get back from their walk, so catch up later.

 

As before, hope that helps.

 

cc MrShed

 

(No, that didn't work, message received that states:

 

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

 

Will copy this on to the main forum so he knows it's ready for him too)

 

===

 

okay, I've got the pdf, how to I attach it to the PM?

 

===

[MrShed]

I'll clear them (again) lol.

 

BTW - apologies, but I wont be able to look back at this in detail until start of next week due to pressures away from here ....

 

But will be back in ASAP to go through all the info in detail and see what we can do.

[mich_21]

MrShed, NewSAHD, thank you so much! I fully appreciate you two taking so much time to go through all my paperwork when you clearly have jobs, families, your own life, etc, etc. It's really touching to see that there are still people out there with hearts to help out a stranger.

I've just emailed NewSAHD the email logs (the rest of the documents to follow tomorrow when I go into the office to use the scanner!), would you like me to email them to you too? PM doesn't allow file attachments!

 

If it's okay with you, pm me your email address and I'll send you all relevant documents, and as I promised NewSADH, your email will only ever be used for that purpose!! no funny business!

 

thanks again!

[mich_21]

MrShed and NewSAHD, I've emailed you all the relevant documents.

 

Let me know if there's anything else you need.

[PainSmith Solicitors]

Having read the details of this we are in agreement with other posters. You should do the following:

1. Report the agent to trading standards for refusing to provide you with the landlords address

2. Write formally to the agent asking for tenancy deposit protection details and for compensation in the sum of 25% of rent for each day you were without heating/hot water

3. Assuming 2 is ineffective issue proceedings against the landlord care of the agent for 3 times the deposit, the deposit itself, and 25% of the rent for the disrepair. You may as well put the agent down as a defendant for the deposit issue

 

Bear in mind that late deposit registration is a possibility so that claim may fall but your claim for disrepair is probably solid.

[mich_21]

Hi PainSmith Solicitors (are you really a solicitor?) thanks so much for your advice!

just a couple of things:

1) who to report him to? Trading Standards...will have to look that up.

2) we did write to him formally requesting details for the TDS, he never replied. We also asked for compensation or a rent reduction (at the time when we didnt' have heating and hot water) and he refused.

3) do I need to write another formal letter to inform him that I willing to take this to court?

 

thank you so much!!!!

[PainSmith Solicitors]

Yes we are a firm of solicitors.

Write to him and the agent again giving them 7 days to reply before you issue proceedings

[NewSAHD]

PainSmith, hi, thanks for joining in.

 

Are you really the PainSmith that I have seen referred to elsewhere by MrShed though?

 

If so, and if MrShed can vouch for you, and mich_21 is agreeable too (and no reason to think otherwise, of course) then I am sure that we would all be very pleased to summarise our private exchanges on to you for further comment.

 

For my part I would expect to be in a position to do so in the next day or so, for reasons I refer to below.

 

I mention this as the exchanges the Property Manager has had with mich_21 over some months have filled us with considerable dismay.

 

More so, as the Agent states (on his website) that he is a member of the RICS.

 

To my mind, arguably, this makes things much more problematical for him, especially in light of other failings on his part that have since been identified.

 

I will be checking the RICS List of Members tomorrow, just to be certain he is MRICS, as he has stated.

 

With regards the CAG forums I am aware that you cannot tout for business on the forums. I also fully appreciate you may feel cautious, perhaps, as to what you can offer here "for free".

 

All that aside, however, I would hope that we can summarise matters for you in such a way - either on the main forum or by way of PM's - that should not take up too much of your time at all.

 

Would you be agreeable to commenting further for us in more detail, or, at the very least, exploring the possibility of doing so?

Edited March 28, 2010 by NewSAHD
added the words "in more detail" in the last line!

[PainSmith Solicitors]

We are that PainSmith. If the agent is a RICS member then he should be a member fo one of the ombudsman services and can be reported to them. Feel free to send more info. We may be able to assist with the case more formally on some form of structured fee agreement.

[NewSAHD]

PainSmith, noted, and many thanks.

 

I cannot speak for mich_21 over fees and fully appreciate that this may not be an option that can be pursued anyway. I am also mindful that CAG seem to jump on those who tout for business. Understandably so, perhaps.

 

For my part I will gladly summarise the concerns as I understand them though and will post again either here, or by way of a PM as soon as I can.

 

mich_21, hi, trust that this is OK with you too? Will be PM'íng you under separate cover shortly anyway, so catch up later.

[MrShed]

Hey NewSAHD - to my knowledge, this is the PainSmith that I mention they first came on due to a linkback when I quoted them on the forums

[mich_21]

great, if you three are in agreement with each other in terms of a plan of action, I don't think I can really turn down the advice!

 

This is so great that you guys are helping a complete stranger here. I was so close to just giving up on pursuing matters, because he managed to make me feel like it was actually me that in the wrong. I really thought that I was the one being unreasonable for asking for hot water and heating in the winter?!?

 

Please let me know if you require anymore information that will assist!

 

many many many thanks!

[NewSAHD]

MrShed, hello again, hope your inbox was not too overflowing

mich_21, more than welcome, will summarise and post again, either by way of PM, or on the main forum.

 

For what it is worth the Property Manager's replies to you, to my mind, seemed increasingly nonsensical, beligerant and evasive.

 

I fully appreciate that comments posted on forums such as these can sometimes be a little inflammatory. From what I have read so far, however, you seem to have bent over backwards to be as accommodating as you can for your Property Manager - and have been largely ignored by him.

 

That the Property Manager may also be a member of the RICS makes matters worse, perhaps. Worse, that is, for him.

 

PainSmith, once again, thanks in advance for any input you feel you can offer here, it is welcomed.

 

PS I am not a lawyer.

[mich_21]

And so the plot thickens...

 

I had emailed the letting agent on Friday with regards to the owner's details, they of course did not have it on file. Then I asked if I was going against my right by requesting for it (even though I knew the law states that it is within my right) and she replied that the owner may have asked the property manager to not disclose his address if he doesn't want to be bothered. But if I make a written request, he has to give me the address, right? The property manager kept on telling me that I had no right to ask for his address or contact him.

 

Then, the letting agent tells me just by chance, that they have the gas safety certificate! What!?!? we're they ever planning to inform us?!?! Was he going to just let me pursue this issue forever until we got to court and then say that he had it all along?!? It's dated March 5 2010, so we still didn't have one covering the period from June 2008 to Feb 2010.

 

Does this mean that I don't stand a chance fighting anymore? At the moment, boiler's working, and now there's gas safety. I'm looking into the TDS now.

[mich_21]

Just called the three deposit protection schemes, not registered.

 

What do I do now? Should I wait until we leave in June (our 6-month break clause) to pursue this further, or can I do something about it now?

[NewSAHD]

Just called the three deposit protection schemes, not registered.

 

What do I do now? Should I wait until we leave in June (our 6-month break clause) to pursue this further, or can I do something about it now?

 

General consensus on CAG, I believe, is NOT to tip the agent/landlord off to their mistake, as yet.

 

Personally, I would agree, why do the Agent's work for them?

 

Especially when they have let you down in the way that they have.

Edited March 29, 2010 by NewSAHD

[NewSAHD]

And so the plot thickens...

 

I had emailed the letting agent on Friday with regards to the owner's details, they of course did not have it on file. Then I asked if I was going against my right by requesting for it (even though I knew the law states that it is within my right) and she replied that the owner may have asked the property manager to not disclose his address if he doesn't want to be bothered. But if I make a written request, he has to give me the address, right? The property manager kept on telling me that I had no right to ask for his address or contact him.

 

Then, the letting agent tells me just by chance, that they have the gas safety certificate! What!?!? we're they ever planning to inform us?!?! Was he going to just let me pursue this issue forever until we got to court and then say that he had it all along?!? It's dated March 5 2010, so we still didn't have one covering the period from June 2008 to Feb 2010.

 

Does this mean that I don't stand a chance fighting anymore? At the moment, boiler's working, and now there's gas safety. I'm looking into the TDS now.

 

Ok, here goes!

 

Just for the moment hold off speaking with either the Property Manager, or the Letting Agent.

 

Unless, of course, they contact you. And, even then, I would say little, or nothing to them if you can help it.

 

The Letting Agent is in a tricky position, for as helpful as they have been (thanks for the PM) they may have realised they may have crossed the line with their Client.

 

Or, at least, the Property Manager may take that view. Either way, they are not going to want to get any grief for the Property Manager not dealing with your concerns properly.

 

Gas Safety, great, if you have a copy, please email it to me, as before. If you haven't, don't ask for it, not just yet.

 

Your annual rental is just below the £25,000 threshold for deposit protection, so, as before, do not tip them off to their mistake.

 

All that aside, do not view this as a fight, as such.

 

To my mind it's very simple now too. They have let you down, badly, in some instances. In your own words they have bullied you in to signing a new agreement too. And then refused to discuss your concerns in a reasonable, timely, or even a cogent manner.

 

If this were "Joe Bloggs" letting agent in a side alley some where in the middle of nowhere (no offence to the middle of nowhere) then so be it.

 

But all this from a member of a leading professional body?

 

Not acceptable.

 

Sorry about the righteous indignation , but you have done nothing wrong here.

 

What makes you think it will be an easier to get your deposit back when you leave too?

 

Time to draw a sensible line under this sorry affair, but that's just my humble opinion.

 

Drafting a document for you as we type, as promised, will get it over as soon as I can.

[mich_21]

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.