New tenancy problem

[marypoppins]

Re: New tenancy problem

It appears that the landlady may be on holiday, she has still not responded to calls, messages or emails.

He has just sent me some pictures of how his room has been left today and it's an absolute mess and can't now be used, until it's cleaned up yet again!

The builders painted the walls where the re-plastering has been done which is good but they had to move his wardrobe (one of those canvas ones) and wrecked it! They've just thrown everything over the other side of his room.

Would it be unreasonable to deduct the cost of getting a new wardrobe and cleaning costs out of his rent? The disruption has now been going on for ten days.

[PlanB]

Re: New tenancy problem

He has just sent me some pictures of how his room has been left today and it's an absolute mess and can't now be used, until it's cleaned up yet again!

The builders painted the walls where the re-plastering has been done which is good but they had to move his wardrobe (one of those canvas ones) and wrecked it! They've just thrown everything over the other side of his room.

Would it be unreasonable to deduct the cost of getting a new wardrobe and cleaning costs out of his rent?

Never deduct anything from the rent without a Landlord's written approval upfront. If the situation ended up in court because a Landlord was claiming rent arrears or seeking a possession order this would go against the Tenant. However a Tenant can make a Counterclaim for any losses.

Having said that I think it's perfectly reasonable to hold a Landlord accountable for the cost of damage in the same way that a Landlord would hold a Tenant responsible for damage to their goods.

I think it may make sense to wait for the project to finish before doing anything. Your son has sensibly taken photos. You refer to the flat needing to be "cleaned up again" which implies that it has already been cleaned once. Who did that? Was it a cleaner provided by the Landlord, or did your son and his flatmates pay for a cleaner out of their own pockets? The only difficulty I foresee is claiming for the cost of a cleaner without giving the Landlord the opportunity to provide for one themselves. It's not unreasonable for this to take place at the end of the job. I know this saga seems interminable but 10 days is not a long time in the grand scheme of things.

It's possible that the Landlord has no idea of the mess being made by her builders since she has not visited the premises. Don't judge her just yet. That's not a biased statement it's an overview of the ongoing situation

[marypoppins]

Re: New tenancy problem

Thank you planB,

He had to try and tidy his room up last week after the plastering was done, otherwise he wouldn't have been able to use it and it's now in an even worse state so he's got no option than to do it again. It's not as though he could move out and live somewhere else whilst the work is being done.

Landlady still elusive and no idea if she is on holiday or still just ignoring calls etc.

[PlanB]

Re: New tenancy problem

This is beginning to sound more like general maintenance than emergency repairs so I'm warming to your argument over a rent rebate. Fixing the leaking roof is an emergency since that was the first time it happened. But if the re-plastering is all to do with an ongoing damp problem then the tenants should have been given some input into the decision on a mutually convenient date/time for the work. When I had a flood I put my tenants in a hotel while the repairs were carried out, but that was paid for by my insurance.

It's probably too late for me to say this but keeping a diary of everything will help. Note the time the builders arrive, what they do on each visit, the mess they make etc. Back it up with digital photos.

[marypoppins]

Re: New tenancy problem

I've told him to take photo's of all the mess, paint marks on carpets etc and I'll ask him to get them all to try and note when the builders arrive and leave and what jobs they're doing although with the housemates all working various hours, it won't be that easy to keep an accurate diary but at least it's noted as much as possible.

The landladies mobile is going to voice mail all the time at the moment and as she also has another business, which is apparent from the message on her voice mail, so I guess that she is away and we will have to wait and see if she gets in touch when she's back.

Thanks for your help planB, it's greatly appreciated.

[PlanB]

Re: New tenancy problem

Thanks for your help planB, it's greatly appreciated.

See how easily I can do a U-Turn when applicable

At first you were painting a picture of a bunch of precious kids objecting to being woken-up early on a Saturday morning. Then when I challenged your perception of the situation the real misery of the scenario began to emerge. I genuinely think that they now deserve some form of compensation for this but let's wait until it's all over before deciding how to go about this.

[marypoppins]

Re: New tenancy problem

The landlady has now been contacted and she had not at the point read the email that my son had sent (fair enough, she's been away).

My son explained the problem, her reaction was that she has done nothing wrong and it's not her problem because she wasn't here!

Well yes, she wasn't here but who instructed the builders ten days ago? If she had asked the builders to do whatever work was necessary whilst she was away, she should have contacted one of the tenants before she left. (tenancy states 24 hours notice for anyone coming to the property) of course unless it was an emergency.

SHE asked for an apology, because she didn't like the way she was being spoken to!

Now knowing my son, he's not one to make a fuss and will take the easier option if there is one but he is not and has never been rude to anyone and would try and sort things amicably.

The conversation ended on the basis that she would read the email and respond accordingly. This should be interesting!

This is one of the photo's taken after the builders had been in his room this week to replace a small amount of skirting and re-paint the wall where the damp was. If I didn't know any different, I'd have thought he'd had burglars!

[patchouli]

Re: New tenancy problem

How did the decorator make 'that' mess... looks like general boy mess pushed into a corner no?

[marypoppins]

Re: New tenancy problem

Hi Patchouli

No, it really isn't 'boy mess'! Most of it was the contents of his wardrobe, which I guess would have been stuffed with as much as he could get in because he has no other storage space in his room.

The framework that you can see on the photo is what remains of his canvas wardrobe which was in the alcove where some of the damp was. He asked the builders to let him know when they were coming round again (he had previously been given no notice when the job was started) to finish the work so that he could be prepared and move everything but they didn't and this was the result!

There is another photo that I haven't uploaded of his bed, where they have thrown all his clothes. Not at anytime did they use dust sheets! The first job they had to do last week was to remove the plaster/boards down to the brick which obviously resulted in plaster dust being everywhere, which my son had to clean up, otherwise he couldn't have used the room.

I would add that, I am fully aware of the mess students can make, having seen the state of the first house he shared and whilst he may not be the tidiest person in the world, his room was generally ok and was able to live in it. However he isn't a student now and seems to have found some housemates that have respect for each other and keep the house as best they can.

So the tables have turned in some ways, the previous two houses he shared there were issues with housemates but the landlords were ok and now he has great housemates and a shite landlady!

[PlanB]

Re: New tenancy problem

This is one of the photo's taken after the builders had been in his room

[ATTACH=CONFIG]10889[/ATTACH]

That looks like the contents of my handbag minus the Bold washing powder

[marypoppins]

Re: New tenancy problem

That looks like the contents of my handbag minus the Bold washing powder

Ha ha, I try and use a small bag so there's no room for anything apart from my purse and phone!

On a more serious note however, would it be prudent to get an idea of a cleaners hourly rate, to be prepared for the reply from the landlady?

After seeing this picture, I think the room is likely to need a 'professional' clean because of the dust and paint marks that the builders caused and left?

Also the cost of replacing the wardrobe?

[patchouli]

Re: New tenancy problem

OMG yes I can see that now!!! Utter assholes!

I recently (this week actually) bought my sons their own canvas wardrobes as sharing seems to be beyond two under 12 year olds without total carnage... they are really cheap and wont last long but they look smart and do the job..

£16 includes delivery and took about 15 minutes to assemble... http://www.ebay.co.uk/itm/3310983902...84.m1439.l2649

[patchouli]

Re: New tenancy problem

That looks like the contents of my handbag minus the Bold washing powder

*removes wash powder from hand bag*

yeah.. ha ha.. who'd carry that around!? ehem.....

[marypoppins]

Re: New tenancy problem

Thanks for that link Patchouli.

Landlady not replied to email yet, will probably give her until Monday?

[marypoppins]

Re: New tenancy problem

The landlady has contacted the lead tenant and had a rant about my son and the email that he sent and she has stated that she will not reply!

She maintains that it is not her responsibility and my son should sort it with the builders.

His room is already showing signs of the black damp/condensation on the wall where the builders supposedly treated approx 1 week ago!

Any thoughts on what he should do or do we contact the Environmental health to come and have a look and assess the problem?