Housing Disrepair Pre-Action Protocol – need to reply in 20 days!!

Reply to the comment left by "All BankersAreBarstewards Smith" at "23/01/2014 - 19:03":

Hi ABABS
I couldn't reply last night as I had an appointment, hence, trying to catch up today.
Thanks for your help.
Regards

May i also point out that if you are using your real name here - this thread could be read by your tenant. bw

Reply to the comment left by "Gary Butler" at "24/01/2014 - 12:30":

""Please provide us with your proposals for compensation.” - this is the crucial point ... in your letter of reply ask their solicitor to please "quantify and provide documentary evidence" for the financial losses they have incurred.

That should focus their minds......

Reply to the comment left by "Mike W" at "23/01/2014 - 19:09":

Hi Mike
This is partly an end of tenancy dispute but there are other factors that I haven't mentioned because I wanted to address the issue of repairs first.

The tenants £850 deposit is protected with the DPS. I haven't requested for any of the deposit to be repaid to me yet. The same applies to the tenants I understand.

Yes, I have admitted my shortcomings regarding this matter, but despite these I consider myself to be good landlord who generally shows respect and consideration to my tenants by the way I deal with them.

Your remaining comments are useful and I will take on board. May I thank you for taking time out to assist.
Regards

Reply to the comment left by "Gary Butler" at "24/01/2014 - 13:38":

how much is the rent arrears ?

Reply to the comment left by "All BankersAreBarstewards Smith" at "24/01/2014 - 13:34":

Hi ABABS
Thank you for pointing this out. Have I said anything untowards that could be used at a later time to weaken my position or discredit myself? I hope not, but I'll try to remain professional.

Reply to the comment left by "Chris " at "23/01/2014 - 20:27":

Hi Chris
I consider I could've done better and keen to move on.

Like you, my relationship with the vast majority of my tenants is very good. Do you still bend over backwards with tenants who are not particularly friendly and obnoxious?

Thanks for your contributions and advice.
Regards

Hi Yvette
Thanks for taking the time to comment.

I have no proof that the tenant's wife is receiving legal aid, but this will explain why the husband isn't the claimant. This may be a case of the solicitor and tenant trying it on and waiting to see how I'll respond.

As to your comment "events surrounding their departure" you're spot-on to raise the matter. There are unusual circumstances that I haven't mentioned up to now because I believe they would complicate the "repairs " issue. I wanted to deal with "repairs" first then deal with the other factors.

To put you in the picture, my property that my tenants were renting suffered a series of floods in July & August '13. The cause of the flooding was due to a blocked rainwater channel under my maisonette. When it rained heavily, rainwater from the maisonette above ran onto the upstairs balcony and into a rainwater gully. This gully had no protection to prevent miscellaneous items falling or being disposed of down the drain gully. Every time there was a heavy downpour of rain, the rainwater drainage channel would back-up and enter the hallway of the property from an outlet under the laminate flooring. It took over 6 weeks to find the source of the flooding despite numerous visits by my plumbers and contractors appointed by the Freeholders. To make matters worse in late August the sewerage drain for a neighbouring property became blocked. When there was a heavy downpour again, raw sewerage and rainwater flooded the property in the hallway, kitchen and lounge areas. The property became uninhabitable.

To assist my tenants, I offered to re-house them with immediate effect temporarily in two bedsits I had available at the time. The tenants accepted this. Despite me stating they could live in the bedsits for a maximum of two weeks allowing them time to find alternative accommodation, they stayed for 5+ weeks without paying any rent. After this, the council placed them in temporary accommodation. At this point, I had already decided that once the property was repaired I would sell my interest in it. The tenants were given the statutory 2 months notice. As no repairs had started I informed the tenants that they would not be returning to live in the property and that should find somewhere else to rent. Whilst in temporary accommodation their large pieces of furniture and personal possessions remained in the vacated property in after their notice petriod had expired, preventing all repair work to the property. Despite requesting numerous times for them to remove their personal belongings they refused. I was given no other option, but to apply for an Accelerated Possession Order which was challenged by the wife with the help of a solicitor. Thankfully, the judge ruled in my favour.

Although much of the furniture was removed by the tenant two weeks ago, a Bailiff still needs to attend the property to givbe me full vacant possession. When I visited the property I found it in the state that I reported earlier. As it stands, the tenant has paid no rent whatsover since early Setember '13 for the bedsits (5 weeks) and maisonetyte ( since September '13). As far as I concerned the tenants made use of my property to store their furniture and wash their clothes, therefore, rent is payable. Loss of rent amounts to nearly £4500 and damage, cleaning and disposal of their property amounting to another £500 approx. An email was sent to the tenant asking them to settle their debts. They've responded by asking for compensation for "repairs" and £5350 for their flood damaged property that has been extremely exaggerated. With regards to this I believe they should have insured their own personal items. I hold the Freeholder as liable for the flooding due to negligence on their behalf and claiming on their Public Liability policy. I have yet to hear from the insurer.

Yvette, I've tried to summarise here but that's what's happened here.

Any further comments? Please.
Regards
Gary

Reply to the comment left by "All BankersAreBarstewards Smith" at "24/01/2014 - 13:40":

Hi ABABS
Can you read my reply to Yvette please?

My original enquiry put forward here re:repairs was an attempt to clarify my position before sharing other information that has probably caused my tenant to initiate the letter from her solicitor. It's all been been pretty complicated. I hope you understand why I'ver tried to deal with "repairs" first.
Regards
Gary

Hello Gary

This sounds far more complicated than it first appeared from your original posting. It seems very odd that the solicitor letter you original posted highlights these minor issues, when in fact the tenants had to be rehoused during their tenancy! Putting that aside, what does your tenancy agreement say with regard to the house not being habitable and your obligations? Do you not have landlord insurance that covers this situation and pays out when your tenant has to be rehoused for a period of time? Given the inconvenience your tenants have suffered I cannot imagine you would be able to claim for rent during the time they were rehoused from the tenant, but would do so from your insurance. Did you not put anything in writing about them moving temporarily to the other accommodation and the length of time you expected them to be there?

I could go on, but the more I read your last post the more I am thinking that if you did have the correct insurance for your property, you would have been covered for this. However, it does not explain why their solicitor is picking up these minor issues to challenge you on, perhaps it is because they are trying to claim from you PRIOR to you chasing them for rent arrears. What sort of notice did you give them? Section 21 or did you claim rent arrears under Section 8?

If the property was uninhabitable I don't feel you could claim for rent during that time, even if they are getting some use out of it for storing their property.