BigC Posted September 3, 2008 Share Posted September 3, 2008 More advice required from the Shed Massive! You may remember this thread...... http://www.hmfckickback.co.uk/showthread.php?t=20663 Where I let of a bit of steam about my pesky landlord. Well, it's all kicked off again and this time it's even worse. The repair job that was carried out by the cowboy from the letting agency lasted approximately 4 weeks before the neighbours downstairs came up to complain again. We called the letting agency again, and were told that someone would be up to fix it in due course once they had contacted the landlord. That was Thursday - 13 days ago. It took until Monday for someone to even come and look at it. We found out at that point that the landlord was claiming it of his insurance so it might take another couple of days before the work started.... On the following Thursday/Friday the work still hadn't been done so we called the agency again to ask why work started, quite annoyed by this point - and we were told without even asking that we would be offered compensation for all the hassle, so please bear with them, they were doing everything they could. Monday, nothing. Tuesday, nothing (despite several messages being left). Eventually my brother gets a call on his mobile today, saying the work will start this Saturday, meaning that by the time it's fixed (which will probably take at least three working days because they will have to retile it all) it'll be Tuesday and the grouting will take around a day and a half to dry, so it'll be at least three weeks from the shower breaking to the shower being repaired before we can use it again. He called the head of maintenance back saying that three weeks was ridiculous and that he hoped that we were going to get a decent amount of money back to compensate - no figure had been discussed previously although it had been mentioned to me and also to my brother on a number of occasions. His response was: "Ah, yes, about that... The landlord says that he's had to fork out enough money repairing the shower and if he has to fork out any more he's going to say sod it, I'm just going to sell the flat". So basically, we've been told that we ain't getting any compensation, despite the amount of hassle being showerless has caused us - we don't have a bath either and even the sink is tiny so losing the shower is an utter nightmare - and if we try and extract compensation then that's fine but it'll mean you'll have to go through the hassle of finding somewhere else to live because he's just going to sell the house because he can't be bothered with the hassle any more. To me that is nothing short of blackmail and although the hassle of moving out is more of an inconvenience than the shower was I think we need to fight the fecker as it's going to just keep on happening and I don't like being bullied. So... Any suggestions as to the best way forward? We have the option of withholding rent, but how much do we withhold? The rent for the period that the shower was broken? Half that? How do we approach it when we are telling the letting agency that we are doing it? Do we need to consult a lawyer before withholding? Is there anything else we can do - i.e. report the landlord to the council to get his landlord license revoked? Are there any dangers if we do withhold the rent? Can the agency be spiteful and affect our credit rating? Is there anything else I haven't thought of? (Short of going round to his house and smashing his shower with a hammer - which would be fun but probably counterproductive in the long run). Any thoughts would be appreciated. Link to comment Share on other sites More sharing options...
Stuart Lyon Posted September 3, 2008 Share Posted September 3, 2008 Tell the landlord you will be withholding 25% of the rent for the period the shower was out of commission. That is reasonable given that you are enjoying the rest of the facilities the flat provides. If you have a formal tenancy agreement then his threat to sell the flat is just that; a threat as you may well have rights under the appropriate laws governing leased properties. Play hardball but in a reasoned and non-argumentative manner and have witnesses to any discussions with the landlord. Oh and take notes of any discussions. The likelihood is that he/she won't take notes and consequently will find it difficult to rebut your arguments. This advice is free but if you benefit from it a pint will be the appropriate payment. Link to comment Share on other sites More sharing options...
Boaby Ewing Posted September 3, 2008 Share Posted September 3, 2008 Get it (shower) pumped! Never gets old. Or maybe it just did. Link to comment Share on other sites More sharing options...
BigC Posted September 3, 2008 Author Share Posted September 3, 2008 The tenancy agreement was 6 months initially, after which time it turned automatically into a rolling contract whereby either party has to give two months notice. So as long as we get the notice period, he is within his rights to serve it to us and sell the flat once we have moved out. The discussions thus far have all been with the agency rather than the landlord (apart from when I phoned him two months ago as I mentioned in the old thread). Link to comment Share on other sites More sharing options...
Toxteth O'Grady Posted September 3, 2008 Share Posted September 3, 2008 The tenancy agreement was 6 months initially, after which time it turned automatically into a rolling contract whereby either party has to give two months notice. So as long as we get the notice period, he is within his rights to serve it to us and sell the flat once we have moved out. The discussions thus far have all been with the agency rather than the landlord (apart from when I phoned him two months ago as I mentioned in the old thread). Given the current state of the market I'd go with Stuart Lyons advice He won't want to try to sell the flat until things pick up a bit. Link to comment Share on other sites More sharing options...
Le Chat Posted September 3, 2008 Share Posted September 3, 2008 Any suggestions as to the best way forward? Go round there and kick his cucking funt in Link to comment Share on other sites More sharing options...
BigC Posted September 3, 2008 Author Share Posted September 3, 2008 Is 25% enough? That barely covers the cost of going to the local pool for a dip every day which is what we've been doing. Link to comment Share on other sites More sharing options...
Stuart Lyon Posted September 3, 2008 Share Posted September 3, 2008 OK 50% but keep a record of your costs and the time involved i.e. ?4 for a shower at the local pool and 30 minutes each way for travelling time. Also record any waiting time. Keep receipts and be meticulous with your notes. I suspect you have already done this but keep a record of calls to the landlord, dates, promises made etc. 2 pints now if this approach is successful. Us retired people have to make some money! Link to comment Share on other sites More sharing options...
redm Posted September 3, 2008 Share Posted September 3, 2008 We're having issues with our landlord and found this website pretty informative..it explains laws and obligations from both sides, landlord and tenant. http://www.betterrentingscotland.com/ Hope you get it sorted soon. Link to comment Share on other sites More sharing options...
cosanostra Posted September 3, 2008 Share Posted September 3, 2008 Absurd situation to be in, your landlord clearly only thinks about himself. I'd be refusing to pay full rent as well. 25% off for the 3 weeks sounds ok to me. Link to comment Share on other sites More sharing options...
redm Posted September 3, 2008 Share Posted September 3, 2008 It just occurred to me that perhaps, it isn't actually your landlord playing funny buggers BigC. Maybe the agency are just worried that they'll lose the fee they receive for managing the flat because they fecked up the original repairs etc? If it's their responsibility to get that stuff done, there's every chance that they might and that could explain why they're trying to put you off so much. Just a thought... Link to comment Share on other sites More sharing options...
cosanostra Posted September 3, 2008 Share Posted September 3, 2008 It just occurred to me that perhaps, it isn't actually your landlord playing funny buggers BigC. Maybe the agency are just worried that they'll lose the fee they receive for managing the flat because they fecked up the original repairs etc? If it's their responsibility to get that stuff done, there's every chance that they might and that could explain why they're trying to put you off so much. Just a thought... He said his landlord was paying for the repairs via an insurance claim. Sounds like he's ultimately responsible for the repairs being carried out. Sounds like the landlord should have had the work carried out immediatly and then claimed on his insurance instead of leaving his tenants with no shower for the best part of a month. Link to comment Share on other sites More sharing options...
redm Posted September 3, 2008 Share Posted September 3, 2008 He said his landlord was paying for the repairs via an insurance claim. Sounds like he's ultimately responsible for the repairs being carried out. Sounds like the landlord should have had the work carried out immediatly and then claimed on his insurance instead of leaving his tenants with no shower for the best part of a month. Ah yes, so he did... I just have an instinctive distrust of these people. Had a terrible time in the past with some agencies, they're all bloody cowboys as far as I'm concerned. Link to comment Share on other sites More sharing options...
BigC Posted September 3, 2008 Author Share Posted September 3, 2008 It would not surprise me at all if the agency were covering their own backs as well. The shower has been repaired twice already by their own in house cowboys who have made a total pigs ear of it both times. The letting agency is the main reason we are in this situation. They did exactly the same thing at the last flat we lived in as well. I mean EXACTLY the same thing... Neighbours complaining, three attempts to get it fixed and it was still broken when we moved out.... We asked for compensation for that and other issues just after the move but just got fobbed off that time. At the last flat we had a decent landlord who let us e-mail her directly, so we would let her know when repair work was being done, what was being done wrong etc and we never had a problem. She appreciated it because she knew the agency were ripping her off as well. We tried doing it that way with this guy as well, but it only works if the landlord is reasonable. I will definately not be going with the same agency next time around. Link to comment Share on other sites More sharing options...
Super T Posted September 3, 2008 Share Posted September 3, 2008 Go on, name and shame the agency then, you know you want to! Link to comment Share on other sites More sharing options...
BigC Posted September 3, 2008 Author Share Posted September 3, 2008 I do very much want to but I've already said too much and I can't prove everything... Also, I don't think it's fair to do that when the people don't have the right to respond. Every company has disgruntled customers - It's something I have to deal with from time to time - and I would be pretty upset if I found out that someone was bad mouthing my company in a place where I had no comeback. So I try to make a point of going directly to the company and resolving it with them before I bad mouth them (at least on a public forum). Link to comment Share on other sites More sharing options...
Das Root Posted September 3, 2008 Share Posted September 3, 2008 Go have a word with CAS, www.cas.org.uk, free advice and they have contacts with housing groups and charties that really know their stuff. I spoke to them a few years back after getting hassle from a renting, they told me that the agency / landlord were talking crap and had no power with what they were saying and turned out completely correct. I'd call his bluff and take the 50% compo, he's never going to sell the flat and even if he does he can't turf you out as you have rights. Was once told that from start of eviction till the end it can take at least a year. However don't withhold rent, or do anything that causes you to break the terms of your lease, if you do then they have more power. Speak to CAS (Citizen's Advice), they can even call the agency to act on your behalf to sort things out. Overall though, I'd look for someplace else, this lot sound like a bunch of idiots!! Get somewhere nice, sort out a deal on the rent, get settled and ready for the Christmas party season And stick to private landlords, agencies I've always found to be money grabbing *******s. Link to comment Share on other sites More sharing options...
Chad Sexington Posted September 3, 2008 Share Posted September 3, 2008 Just move mate. Rented flats are easy to come by and it will be worth the hassle in the end. Why give that low life your money? Link to comment Share on other sites More sharing options...
The People's Chimp Posted September 3, 2008 Share Posted September 3, 2008 and if you do leave, wet the carpet under the bed and sow some cress seeds. Link to comment Share on other sites More sharing options...
Ray Winstone Posted September 3, 2008 Share Posted September 3, 2008 The factor for our house in Aberdeen and the leasing company are playing silly buggers with us at the moment. With holding the deposit for up to 28 days after the lease has ended while they wait on a report from the inventory people which should have been done a month ago! Also announcing they have over charged us rent - TAKING an extra months rent from each of our bank accounts 'by accident' which will be returned with the deposit! I am out-raged they took the extra rent out our accounts at all - it is simply not on and is technically theft! Also 28 days to get a deposit back - absolute farse - I need that money back now and had expected some underhand tactics to take away some of it but not with holding it for almost an extra month. Our lease is finished and they should return the money which is rightfully ours! Link to comment Share on other sites More sharing options...
Das Root Posted September 3, 2008 Share Posted September 3, 2008 Tucks, you need to speak to CAS too, I'm pretty sure it's illegal to withhold a deposit for that length of time, does it mention anything specifically about this in your lease agreement? And also I'm sure you are entitled to charge them interest on the deposit and you should contact your bank to tell them that money has been taken without your permission, they might just reverse that for you immediately, certainly so if under a D/D agreement. Link to comment Share on other sites More sharing options...
Ray Winstone Posted September 3, 2008 Share Posted September 3, 2008 Tucks, you need to speak to CAS too, I'm pretty sure it's illegal to withhold a deposit for that length of time, does it mention anything specifically about this in your lease agreement? And also I'm sure you are entitled to charge them interest on the deposit and you should contact your bank to tell them that money has been taken without your permission, they might just reverse that for you immediately, certainly so if under a D/D agreement. I will check my statement tomorow to see if it is a D/D or Bacs transfer - I cant remember. As for the lease I am not sure - its not worth the paper its written on - In March (despite the lease stating we had to be given 48hours notice) the factor phones and said the owners of the house were in town - wanted to see a damp patch by the front door. They told us not to worry as they were not allowed to physically enter the house. First thing the owner does is march up and go through every room having a look! unbelievable. His wife was outside shouting at him not to do it! The factor stood there without even saying anything! Also woke up one day to find a plumber had let himself in after being told there was knowone in the house by the factor! Joke - they think because we are students we will roll over and take it. I dont think so! Link to comment Share on other sites More sharing options...
Das Root Posted September 3, 2008 Share Posted September 3, 2008 Students? Is the factor affiliated in anyway with your uni? I had a dodgy landlord way back in the day, gave us lots of hassle. Complained to the uni's housing officer and they kicked him off their books, he ended up flogging all his flats as none of the universities would touch him after that. Completely illegal for a landlord to turn up same day and get into your flat, you have every right to say 'no, come back tomorrow' and if they enter anyway you can take action. Take it all the way, you could find yourself still waiting on that deposit come 2009!! Link to comment Share on other sites More sharing options...
Ray Winstone Posted September 3, 2008 Share Posted September 3, 2008 Students? Is the factor affiliated in anyway with your uni? I had a dodgy landlord way back in the day, gave us lots of hassle. Complained to the uni's housing officer and they kicked him off their books, he ended up flogging all his flats as none of the universities would touch him after that. Completely illegal for a landlord to turn up same day and get into your flat, you have every right to say 'no, come back tomorrow' and if they enter anyway you can take action. Take it all the way, you could find yourself still waiting on that deposit come 2009!! Its a 'reputable' property firm up in Aberdeen but the factor is an erse hole. Not affiliated with the University but I am going to phone him tomorow and have my say. The fact that we vacated the flat in June and we told them we were leaving! (although paid the lease up till 31st August) and it took them untill 30th of August to get the inventory company in to make their report etc is unbelievable. I was willing to let the deposit thing go as long as I got it back by the end of this month but now learning they have taken 275 quid out my and 2 other mates accounts without any reason is outrageous! Its really got my back up and this is why I am now persuing the leasing firm. The new flat is better - the landlord only left uni 5 years ago and has 5 properties all for students. He came highly recomended and all interaction has been through him directly - not a factor or a leasing agency - which has been refreshing to say the least! He also put it in the lease that he puts our 1200quid deposit in a high interest account and we get it back (hopefully in full) with the interest! I am so annoyed this phyiasco is rolling on after the lease on the old house has ended! Link to comment Share on other sites More sharing options...
Das Root Posted September 3, 2008 Share Posted September 3, 2008 Give 'em it both barrels tomorrow, your landlord isn't Calderwood is it? Good luck!! Link to comment Share on other sites More sharing options...
Ray Winstone Posted September 3, 2008 Share Posted September 3, 2008 Give 'em it both barrels tomorrow, your landlord isn't Calderwood is it? Good luck!! More like Rod Petrie. Cheers. Link to comment Share on other sites More sharing options...
BigC Posted September 3, 2008 Author Share Posted September 3, 2008 Just move mate. Rented flats are easy to come by and it will be worth the hassle in the end. Why give that low life your money? I would mate, but the flat itself is ideal for us at the moment. The rent is pretty reasonable, it's in a perfect location, we've actually done it up a bit (trying to get the landlord to fork out for paint was like pulling teeth). It's got a dining room which we use as a study and another spare room for guests/hanging up washing and the neighbours one small incident aside, are pretty reasonable. Link to comment Share on other sites More sharing options...
Paul_C Posted September 4, 2008 Share Posted September 4, 2008 I do very much want to but I've already said too much and I can't prove everything... Also, I don't think it's fair to do that when the people don't have the right to respond. Every company has disgruntled customers - It's something I have to deal with from time to time - and I would be pretty upset if I found out that someone was bad mouthing my company in a place where I had no comeback. So I try to make a point of going directly to the company and resolving it with them before I bad mouth them (at least on a public forum). Does the letting agents name begin with "Grant" and end with "Management" ??? Link to comment Share on other sites More sharing options...
Snake Plissken Posted September 4, 2008 Share Posted September 4, 2008 Does the letting agents name begin with "Grant" and end with "Management" ??? Was thinking the same thing. I hated those erseholes the one and only year I had a flat in Gorgie with them. Link to comment Share on other sites More sharing options...
Miller Jambo 60 Posted September 4, 2008 Share Posted September 4, 2008 Go round there and kick his cucking funt in Would that be the Gorgie aggro.:107years: Link to comment Share on other sites More sharing options...
CAT Posted September 4, 2008 Share Posted September 4, 2008 Get in touch with letwise http://www.edinburgh.gov.uk/internet/Housing/Private_tenants_and_home_owners/CEC_letwise They advise landlords and tennants on various subjects and are upto date with all legislation etc. My flatmate works there and they deal with situations like this all the time. Link to comment Share on other sites More sharing options...
Angry Haggis Posted September 4, 2008 Share Posted September 4, 2008 I would direct your query to these people: http://www.naea.co.uk/ Your Letting agent may actually be a member of the above. When I rented I had a minor dispute which I put to naea and they were very helpfull. Link to comment Share on other sites More sharing options...
Le Chat Posted September 4, 2008 Share Posted September 4, 2008 Would that be the Gorgie aggro.:107years: Certainly would Link to comment Share on other sites More sharing options...
flecktimus Posted September 4, 2008 Share Posted September 4, 2008 The tenancy agreement was 6 months initially, after which time it turned automatically into a rolling contract whereby either party has to give two months notice. So as long as we get the notice period, he is within his rights to serve it to us and sell the flat once we have moved out. The discussions thus far have all been with the agency rather than the landlord (apart from when I phoned him two months ago as I mentioned in the old thread). If the shorthold tenancy has run its 6 mths you only have to give 1 mths notice.By the way the landlord can give you 2 mths notice (from the date on your tenancy)without giving you any reason whatsoever. If you think the landlord is serious about selling then i would start looking for a new flat. Link to comment Share on other sites More sharing options...
the doomed Posted September 4, 2008 Share Posted September 4, 2008 out of interest, would the letting agency have the initials AR? Link to comment Share on other sites More sharing options...
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