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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6309
Experience:  BA (Hons), PgDip, Practising Solicitor
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Good afternoon, I would love to have some answers about

Customer Question

Good afternoon,

I would love to have some answers about the tenant right in the UK regarding, the landlord access to the house, fake accusation from the agency regarding a boiler sabotage.
And a lot more!

Many thanks

Antoine
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Could you explain your situation a bit more
2. Please be specific with your questions
Kind regards.
Tom
Customer: replied 2 years ago.
Here is one of my last email send to London Up.
It will clarify the all situation.

One hour ago I tried to have an appointment to speak with the London Up manager, she did not want to receive me.
As a result she call me back at work, one my AGM answer and she did not want to introduce herself.
When I took the phone she started to threatening me, telling that I was breaking the boiler on purpose everyday, that I was harassing her employees by calling them everyday to have the problem fixed, and that I was a liar.
She also told me that she will sue me.

I just called them back (london UP) to asked them a copy of my both contract, and they told they be able to gave it to me they were doing some modification now.

Here is my past email send to London Up
---------- Forwarded message ----------
From: Antoine Tabaries
Date: Thu, Aug 4, 2011 at 2:07 AM
Subject: Compensation
To: sw


Dear Melad,

As I told you few days ago, and as I told the landlord Tino few month ago, the electric boiler upstairs has never worked.
It is indeed, as I told him and yourself, the electric resistance which was broken, which leads as a result the jump of the fuse switch and as no hot water.
(We never touched any switch)

The situation was very easy to solve from the beginning, I was telling the landlord that if the gas boiler was off we haven't got any hot water.
Let me explain, in a new house, you will always have 2 hot water circuits, one for the heating and one for the rest of the circuit (shower, sink....)
However as I told you and the landlord, in this house there is only one hot water circuit, so basically the gas boiler was heating our water and stocking it in the electric boiler (who kept it worm, like a big thermos jug).
Nobody listen to me and as a result few month later the landlord said that we are crazy and that we damaged the equipment.

So now let me explain my past issues who happen with London up from the beginning:

- When I arrived in my first house (10 Kitson road) somebody was in my bedroom, so I went back and took an hotel for the night
- After I moved in, instead of 1 double bed I had 2 single beds together.
- We had massive maintenance issue in this house but won't get into the details
- My rent has been increased by £2 without any notification by phone, mail, email or even text. As a result London up threaten me letting me know that I didn't paid my rent in time.
- We all have been told that we needed to leave the house within 2 weeks as the landlord did not want to work with London up anymore.
- London Up offer me the bedroom that I rent now for £143/week instead of £135/week.
- In your offer which is still online you describe the house with an actual dishwasher, who has never worked and we have been told that it won't be replaced ever.
- London up has never give any prior warning when someone was coming in.
- Once again one of you employee did it yesterday bringing the new housemate without saying a word which means even not a "good morning". He even asked me aggressively where was the room number 2 as he could not open the door (he almost break it by the way, he just needed to slide it)
- It will be now 3 weeks that we can't manage to get clean and we are sharing one shower for 8 housemates which is totally insufficient.

I believe that you understand my concern as I am paying £600.60 per month for a rent with such a poor service.
I am running a restaurant in Waterloo and I am facing and sorting out all kind of maintenance problem every day.
If I wanted to loose my time trying to solve all the disturbing situation in my house I will probably rent my room or flat with a landlord and won't use an agency.

I choose your services because of the following:

Mission



To exceed the expectation of our clients, whom we define as tenants, landlords, contractors and employees.

We will accomplish this by achieving the highest levels of customer satisfaction,

with emphasis on creating value.

In this way we will ensure that our quality and growth goals are met.



Vision

LondonUP! and its people to be recognized and respected as

the leading serviced accommodation agency in London.



Values



LOYALTY - we create customer loyalty by caring

OPPORTUNITY - we make the most of every opportunity

NOVELTY - make every new experience an opportunity to learn

DEVELOPMENT -we use the experience to develop ourselves and the company

OWNERSHIP - we have to take ownership on our actions

NOW - is the moment to develop and grow

UNIQUE - we provide a unique experience to our customers

PROMOTE - we always promote our brand to make it even more successful!


You have always been very far from my expectation and will ask you kindly to get back as soon as possible with an offer of compensation.

Sincerely

Antoine Tabaries de Grandsaignes

I hope you will be able to give some answer Thom.

Many thanks

Antoine
Expert:  Thomas replied 2 years ago.
Hi Antoine,

Would it be fair to say that your questions are as follows:-

1. How do I get my landlord to repair the boiler

2. What can I do about the landlord/agent suggesting I willfully sabotaged the boiler?

Tom
Customer: replied 2 years ago.
What can I do about the landlord/agent suggesting I willfully sabotaged the boiler?
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

People are free to say what they like to other people provided that what they say must not be defamatory. In order to be defamatory (ie. Libel or slander), it must:-
1. Be a false statement
2. Communicated publicly (ie. To another person other than the defamor and the defamed
3. Cause damage to the person who is defamed.

So if the agent said this only to you then it would not be defamation because it has not been communicated to a third party publically.
If it was said and others heard it then it may be defamation technically. However defamation actions are extremely expensive (tens of thousands of pounds in legal fees – no legal aid), with a unpredictable degree of success and it is only worth suing a person if they have money against which you could enforce judgement.
The police will not be interested in this obviously, it is a civil matter.
I would include in the letter I suggest in a minute the fact that you resent the accusation and have not wilfully sabotaged the boiler and that you consider that their conduct in suggesting this is not constructive and you should both focus on acheiveing a resolution to the repair issue at hand.
You should formally write to the the landlord/agentspecifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.


If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/. Write to them first asking for the money and stating that you will issue a claim if it is not received.

Its pretty cheap and straightforward to use.

Open a file, send letters by registered post, keep copies of everything for use in any claim you may choose to issue at a later date.



If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 2 years ago.
I would love to understand the following
"People are free to say what they like to other people provided that what they say must not be defamatory. In order to be defamatory (ie. Libel or slander), it must:-
1. Be a false statement
2. Communicated publicly (ie. To another person other than the defamor and the defamed
3. Cause damage to the person who is defamed."

So if she sue me for the sabotage and the employee harassment, that what she told me, what will be my options?
Expert:  Thomas replied 2 years ago.
Hi

They won't be able to sue you for harrassment if your claim is based on contract (which it is).

If you have a deposit then they may seek to deduct the costs of repair from this but you will be able to defend this taking the position that the boiler was faulty to begin with. If you cannot agree with them as to ddeposit deductions then you will be able to refer the matter the Tenancy Deposit Scheme's dispite resolution service to determine the matter.

Trust this clarifies, please click accept.

Kind regards

Tom
Customer: replied 2 years ago.
One more question and as I am really satisfy from your replies and still quit lost I will kindly ask you if they can refuse to re-print my contract and telling that my contrat is been modify right now.
It will be the last precision, so please can you give me some light on this one and assure you that I will recommend your services.

Many thanks Thom

Best regards

Antoine tabaries
Expert:  Thomas replied 2 years ago.
Hi Antoine

Why do you need a copy of your contract, have you lost yours?

Tom
Customer: replied 2 years ago.
I believe I did
Will look deeper when I get home
Expert:  Thomas replied 2 years ago.
Hi Antoine,

They cannot modify the tenancy agreement without your consent, in order for a tenancy agreement to be modified it requires both the landlord and the tenant to agree to the changes so they won't be able to use this as a reason.

Please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6309
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Many thanks for your time!
Have a nice day thom

antoine
Expert:  Thomas replied 2 years ago.
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