ruthr Posted August 19, 2011 Report Share Posted August 19, 2011 First timer - hope I'm doing this right! Quick overview - Bought a 1st floor maisonette three weeks ago, planning to rent it out. No one has moved in yet, water still turned off. Last week a drain outside the property (which was missing a cover) filled up with sewerage.The Environmental Health Office was called and, as the owner of the flat, I was served with a legal notice to clear and repair it within two working days, as was the owner of the flat below. I was warned that he consequences of NOT doing this work would result in a bill of around £400 as the Council would call in their own people and charge an admin fee on top. I contacted the letting agent of the flat below and explained the situation. Their feedback gave me the impression that the landlord of the flat below was somewhat uncooperative. However, in order to avoid huge costs I explained to them that I had got quotes and had arranged for a local firm (recommended for this type of work) to clear the sewer and fit a proper cover. The letting agent then contacted me to say that the owner of the flat below would claim it back from his tenants, and they took my name and address in order to send me a cheque for half of the costs. The workmen came promptly - they did an excellent job and charged me £165.00, which I paid immediately. Unfortunately, now that the work has been completed the owner of the flat below refuses point blank to pay anything at all! The letting agent emailed me to say, sorry he won't pay and basically, they can't do anything about it. Rather peeved to say the least, as we haven't even used the water yet! DOES ANYONE HAVE ANY ADVICE AS TO HOW I CAN GET SOME MONEY BACK. It's rather a matter of principle now, and I am considering the small claims court. That might sound a bit silly when the sum owed is only £82.50. But really, why should he get away with dodging a legally enforceable notice and all the costs. Any ideas would be welcome... Link to comment Share on other sites More sharing options...
Richlist Posted August 19, 2011 Report Share Posted August 19, 2011 Assuming the leaseholder of the other flat is liable to pay a share of the costs and you have all of the conversations recorded or documented with the agents, local council and other parties then the small claims court is entirely appropriate for claiming what is owed to you. You can just add the court costs to the claim which I think are around £30. Firstly I would send the other leaseholder a final letter headed up 'letter before action' giving him 7-14 days to pay up. Make it clear that if payment is not received court action for recovery of the money will commence and the court costs will be added to the claim. If you don't have his address send it via the lettings agent, making sure they understand the details. Link to comment Share on other sites More sharing options...
ruthr Posted August 19, 2011 Author Report Share Posted August 19, 2011 Assuming the leaseholder of the other flat is liable to pay a share of the costs and you have all of the conversations recorded or documented with the agents, local council and other parties then the small claims court is entirely appropriate for claiming what is owed to you. You can just add the court costs to the claim which I think are around £30. Firstly I would send the other leaseholder a final letter headed up 'letter before action' giving him 7-14 days to pay up. Make it clear that if payment is not received court action for recovery of the money will commence and the court costs will be added to the claim. If you don't have his address send it via the lettings agent, making sure they understand the details. Many Thanks for that reassurance. Good idea to send the 'letter before action'. Link to comment Share on other sites More sharing options...
ruthr Posted September 22, 2011 Author Report Share Posted September 22, 2011 HI, A little update. As suggested I sent a notice letter to the owner of the property asking nicely for his share of the costs and gave notice of court action. As expected I heard nothing back and now I need to go ahead with the county court action. However, after checking the Land Registry records yesterday I discovered that the property is not in the name of the guy I've been dealing with (Mr M., who the Estate Agent referred to as the owner) but in the name of someone else with the same surname - possibly the wife. I'm confused now about who I should send the court action to: Mr M., who I have been communicating with via the agents, or the other person named on the land registry - who is possibly Mrs M? I checked 'people finder' and it does give both their names living at the same address, which is the address shown on the Land Registry Documents. So, do I pursue an action against Mr M, or do I start again with Mrs M? Can I name them both on the county court claim docs? If I pursue him as the owner responsible for half the maintenance cost is it going to get thrown out because he is not the legal owner - although he is the one acting for the owner and as far as I know, receiving the rent for the property. Despite wanting to get some money back, and make him shoulder his responsibilites as clearly stated in the lease (leasehold property) I would be mortified if I pursued Mrs M and found she was recently deceased, or something. Does anyone have any idea of which way to proceed and whether I would be doing the right thing continuing to pursue Mr M? Any sound advise would be most gratefully welcome... Thanks. Link to comment Share on other sites More sharing options...
Richlist Posted September 22, 2011 Report Share Posted September 22, 2011 Firstly, I'm not a lawyer and have no first hand experience of dealing with this particular situation. If I look at it logically, in your shoes, I would do the following: Ask the agents to confirm... 1. Its the man only that they are dealing with. 2. His name is on the tenancy agreement. 3. Rental proceeds are paid to the man. If so, then small claims court action against the man. It might have been better had you obtained X3 quotes for the work but you have what you have and if the other owner is liable for half take action for recovery. I would make it clear on the court forms that for the remedial work, time was of the essence as environmental health had been involved and set deadlines for completion of the works. In any event write to HMRC provide the address, the mans name, the fact the property is in the wife's name and ask them to investigate. I hate people trying to avoid taxes as it means we all have to pay more to compensate and I suspect this is exactly that.....lets hope I'm wrong. Link to comment Share on other sites More sharing options...
Guest caravanj Posted September 22, 2011 Report Share Posted September 22, 2011 In any event write to HMRC provide the address, the mans name, the fact the property is in the wife's name and ask them to investigate. I hate people trying to avoid taxes as it means we all have to pay more to compensate and I suspect this is exactly that.....lets hope I'm wrong. Spot on advice RL. Link to comment Share on other sites More sharing options...
Grampa Posted September 22, 2011 Report Share Posted September 22, 2011 Are the leaseholders the freeholders also? If not try to contact the freeholder because they may be the ones reponsible for the drains and the cost will come from the service charge the leaseholder pays and there could be a reserve fund to cover it. Also if the freehold is managed by a agent they could just well pay up as soon as they get the bill. Just a thought. Link to comment Share on other sites More sharing options...
ruthr Posted September 22, 2011 Author Report Share Posted September 22, 2011 Firstly, I'm not a lawyer and have no first hand experience of dealing with this particular situation. If I look at it logically, in your shoes, I would do the following: Ask the agents to confirm... 1. Its the man only that they are dealing with. 2. His name is on the tenancy agreement. 3. Rental proceeds are paid to the man. If so, then small claims court action against the man. It might have been better had you obtained X3 quotes for the work but you have what you have and if the other owner is liable for half take action for recovery. I would make it clear on the court forms that for the remedial work, time was of the essence as environmental health had been involved and set deadlines for completion of the works. In any event write to HMRC provide the address, the mans name, the fact the property is in the wife's name and ask them to investigate. I hate people trying to avoid taxes as it means we all have to pay more to compensate and I suspect this is exactly that.....lets hope I'm wrong. Thank you so much for your response. That makes very good sense and I am going to follow your advice. I hadn't thought about the tax dodge thing, but now you mention it, that would also make sense. I very much appreciate your time and input, and once again, Many Thanks... RR Link to comment Share on other sites More sharing options...
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