Breach of contract?

Landlord Expert
By Landlord Expert October 5, 2013 14:43

In more detail:

1. Cleaning prior to installation of tenant Not completed to a satisfactory standard. This was not identified as an issue by Mike Rogersons during the inventory of the property and they were prepared to allow me to be invoiced for substandard work. This was only raised as an issue because I attended the property in relation to a different matter.

2. Polystyrene Ceiling Tiles These were not identified at the initial property inspection/valuation. I was not advised that these needed to be removed until 28.1.13, three days before the Tenant was due to move in.Landlord removed tiles within 24 hours only for the move in date to be put back due to issue no.3.

3. Electrical Certificate Early inspection was requested prior to installation of the tenant as the landlord expressed some concerns as to the integrity of the electrical circuitry. Inspection was not carried out until one day before the Tenant was due to move in. Problems identified during the inspection resulted in work being required before the tenant could move in. This work took 48hours to complete and could easily have been carried out in time, but failure to manage the situation meant that the move had to be delayed. Move in delayed 1 week leading to an irrecoverable cost to the Landlord through loss of rent (£93.75) and considerable inconvenience to the tenant. (*see also issue 8)

4. Chemicals Rogersons advised that chemicals had been left at the property and the tenant was concerned about her safety and was complaining. Rogersons did not investigate further and establish exactly what these were but insisted that the Landlord remove them. These were car shampoo and windscreen wash, plus a labelled weedkiller left for the tenant to use in the garden - when questioned, the tenant said she had only mentioned them in passing and she was far more concerned about issue 3.

5. Garden Rogersons advised that the Tenant was repeatedly complaining about rubbish behind shed and pruning of bush in front garden On discussion with the Tenant she considered neither to be a major or pressing issue and had intended to carry out this work herself.

6. Requests for Information

a. Details of Electrical work carried out by sub-contractor at the end January(approx. £500) was requested on 7.2.13 and repeated further requests for this information were made. Following attendance at the branch in person, a document was supplied on 2.4.13. This document was only created after the meeting on 2.4.13. I fail to see why a document which took 20minutes to create to two months to produce.

b. Financial Statement. This should have arrived on or before 26.3.13 by email. As it had not arrived it was first chased on 30.3.13. This had still not been provided when I attended the meeting on 2.4.13. It was requested at the meeting, a copy of a statement for the wrong property was then sent to me. I have deleted this email, however, I feel it imperative to point out that your sending this is in direct contravention of the data protection act. A statement for the wrong month was then sent through, before it was established that no statement was available, as no rent had been paid. I consider that I should still have received a statement documenting this. I have not received a statement for April or May.

7. Advance Rent March rent has not been collected. It was agreed that the tenant would make 2months advanced rent payments at the start of the contract, and a monthly rental payment thereafter. This was agreed as additional security for the landlord, in light of results of Tenant’s credit check. Mike Rogerson claim this rent was Feb and March, but this is not clear from the contract.

8. British Gas have advised there was exposed live wiring when they attended the property which they made safe. This is AFTER an electrical safety certificate was issued. The original contractors were asked to recheck there work and are now trying to charge me twice!

9. I have been emailing complaint after complaint since the end of February, at first I received curt replies...I have now had no reply for over a fortnight, despite requesting a copy of the company complaints procedure.

Does anyone have any bright ideas which might help? My tenant is threatening to stop paying her rent to them (although she is happy to pay me direct - she loves the house and is no problem at all, so I would be more than happy to do this, but it will put me in breach of my contract...)

Landlord Expert
By Landlord Expert October 5, 2013 14:43

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