tom1
14-03-2010, 19:58 PM
Although I manage my property directly, I got email on 30/11/09 from the agent who let the property, that water had started 'pouring in' from above the bedroom bay window and required urgent attention, and the hall storage heater wasn't working. As the flat is in a leasehold block, no plumbing nearby, I thought correctly the cause was a failure in exterior maintenance, for which I pay a large annual fee to the block management company. As they are slow to respond, same day I got the agents email, I asked a contractor to do any temporary repair to prevent further damage, send me a report on cause of the problem that if down to poor exterior maintenance, I would send to the block management company to fix, and make good any damage to the interior.
The report said heater was ok; T hadn't pressed the right buttons, had made a small hole in alcove ceiling so any water would collect in 1 spot into a bucket.. Rest of report was confusing as T listed to contractor more problems, previously unreported, nothing to do with management company and was a quote to fix everything himself. As quote said fitting 'missing cylinderstat' to control the overheating hotwater, and I knew system DID have a thermostat, I asked another contractor for 2nd opinion. I heard my T would not agree a time when he could visit. I asked a 3rd contractor to report back on issues listed by T to 1st contractor. Got email saying he had called the T twice with no response, and the agent (who has key access) who just said 'she usually gets back eventually'. T difficult to make contact with from the beginning. I normally meet new T's soon after they move in, but Agent said not possible due to T's work. I emailed Agent about T not reponding to my emails, and tradesmen complaining no response to messages left on T's mobile. Agent said T said pc broken so can't use email. After chaseup calls, I managed to get T to return contractors call to agree a visit. He emailed me a report with supporting photos, clearly showing the bay exterior badly maintained, reason for the draughty windows was the wooden frames warped for same reason. He said had sealed the obvious exterior holes, and reason the water was overheating is 'someone' had turned up both the E7 and Daytime thermostats, which he reset to normal temperature. I emailed management company with report+photos, asking they put right the damage urgently - this was now 21/12/09 - 3 weeks after agents email. Management Company said they instructed their contractor same day, and contractor visited flat before xmas to assess situation, do further temporary repair while waiting for buildings insurers to approve the full repairs - which I understood to be all the badly maintained exterior, cladding, windows, redecorate bay interior. Person I heard will take about a month I ask to be kept informed. I asked the 3rd contractor to fix anything remaining, after the managemnt company had finished their repairs. Heard nothing so chased them and told due to snow etc, contractor will erect scaffolding on 15 Feb to do repairs. I ask contractor to advise T reason for the delay. (was unable to contact T for reasons mentioned above). Contractor said T advised them repair not effective, need to redo. Now waiting approval from management company to new estimate.
Recently I was forwarded a letter T posted to my home address dated 30 Jan (I am often away, hence asking agents to send only T's with email), saying not paying rent due to no response from me for the repair work. I replied 8 days ago by email, cc to Agent, arranged hand-delivered copy to the flat, stating that is not true; she has not helped by making it difficult for me and contractors to contact her; that 4 contractors did contact her about repairs, 2 items she claimed were broken, were down to user not setting correctly, emergency repairs to the exterior were quickly carried out, that she must be patient for the Management Company/insurers to finish the repairs, and to NOW pay the arrears to avoid further action.
Agents reply to my cc. sent to T also, saying "if the property is not maintained she does have right to withhold rent until the problem is resolved.". As that reply made no distinction between mmy, and the management company responsibilities I asked another Agent, who opined unless the flat uninhabitable, the rent is due. The flat redecorated and new carpets before present T moved in. 2 Contractors said it looks well looked after internally. I do not believe the flat uninhabitable.
The email/hardcopy sent to T makes clear I acted promptly to have cause of water leak, reported via the agent fixed, that of the further smaller items she reported via the 1st contractor, told 2 were sorted before xmas, my contractor would return to fix any small things remaining, once the management company had finalised their repairs. I heard block management companies to take 2 or 3 months for permanent repairs once emergency reapirs done. Am I responsible for the speed of the flat management/insurers ?
As I need to take action re. the unpaid rent quickly, can you pls advise my legal postion, a reasonable course of action, and if I am within my rights to demand payment of the rent arrears ?
The report said heater was ok; T hadn't pressed the right buttons, had made a small hole in alcove ceiling so any water would collect in 1 spot into a bucket.. Rest of report was confusing as T listed to contractor more problems, previously unreported, nothing to do with management company and was a quote to fix everything himself. As quote said fitting 'missing cylinderstat' to control the overheating hotwater, and I knew system DID have a thermostat, I asked another contractor for 2nd opinion. I heard my T would not agree a time when he could visit. I asked a 3rd contractor to report back on issues listed by T to 1st contractor. Got email saying he had called the T twice with no response, and the agent (who has key access) who just said 'she usually gets back eventually'. T difficult to make contact with from the beginning. I normally meet new T's soon after they move in, but Agent said not possible due to T's work. I emailed Agent about T not reponding to my emails, and tradesmen complaining no response to messages left on T's mobile. Agent said T said pc broken so can't use email. After chaseup calls, I managed to get T to return contractors call to agree a visit. He emailed me a report with supporting photos, clearly showing the bay exterior badly maintained, reason for the draughty windows was the wooden frames warped for same reason. He said had sealed the obvious exterior holes, and reason the water was overheating is 'someone' had turned up both the E7 and Daytime thermostats, which he reset to normal temperature. I emailed management company with report+photos, asking they put right the damage urgently - this was now 21/12/09 - 3 weeks after agents email. Management Company said they instructed their contractor same day, and contractor visited flat before xmas to assess situation, do further temporary repair while waiting for buildings insurers to approve the full repairs - which I understood to be all the badly maintained exterior, cladding, windows, redecorate bay interior. Person I heard will take about a month I ask to be kept informed. I asked the 3rd contractor to fix anything remaining, after the managemnt company had finished their repairs. Heard nothing so chased them and told due to snow etc, contractor will erect scaffolding on 15 Feb to do repairs. I ask contractor to advise T reason for the delay. (was unable to contact T for reasons mentioned above). Contractor said T advised them repair not effective, need to redo. Now waiting approval from management company to new estimate.
Recently I was forwarded a letter T posted to my home address dated 30 Jan (I am often away, hence asking agents to send only T's with email), saying not paying rent due to no response from me for the repair work. I replied 8 days ago by email, cc to Agent, arranged hand-delivered copy to the flat, stating that is not true; she has not helped by making it difficult for me and contractors to contact her; that 4 contractors did contact her about repairs, 2 items she claimed were broken, were down to user not setting correctly, emergency repairs to the exterior were quickly carried out, that she must be patient for the Management Company/insurers to finish the repairs, and to NOW pay the arrears to avoid further action.
Agents reply to my cc. sent to T also, saying "if the property is not maintained she does have right to withhold rent until the problem is resolved.". As that reply made no distinction between mmy, and the management company responsibilities I asked another Agent, who opined unless the flat uninhabitable, the rent is due. The flat redecorated and new carpets before present T moved in. 2 Contractors said it looks well looked after internally. I do not believe the flat uninhabitable.
The email/hardcopy sent to T makes clear I acted promptly to have cause of water leak, reported via the agent fixed, that of the further smaller items she reported via the 1st contractor, told 2 were sorted before xmas, my contractor would return to fix any small things remaining, once the management company had finalised their repairs. I heard block management companies to take 2 or 3 months for permanent repairs once emergency reapirs done. Am I responsible for the speed of the flat management/insurers ?
As I need to take action re. the unpaid rent quickly, can you pls advise my legal postion, a reasonable course of action, and if I am within my rights to demand payment of the rent arrears ?