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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64374
Experience:  Over 5 years in practice.
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I was given a maintenance notice by the local council. The

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I was given a maintenance notice by the local council. The previous tenants were evicted as there were 6 occupants in a 2 bedroom house. They had complained about the damp. The house suffered from damp due to the number of occupants. The council guy is demanding I have the whole house repointed and other external maintenance work done. This is despite two local builders stipulating that the external walls have nothing to do with the damp issues. I have already spent �5000 on the house but what I have done is still not good enough. Please help
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

I will just need to ask some preliminary questions so that I can consider your position properly for you.

Do you mean an improved notice under the Housing Act?
Customer: replied 1 year ago.


Yes I think that was it. I agree with some of the things on the notice but some are asking way to much.


 

Expert:  Jo C. replied 1 year ago.
Ok.

What is the date upon it? It should be dated?
Customer: replied 1 year ago.


It was dated January. As the tenants were evicited and the property has been empty they haven't all yet been done.


 

Customer: replied 1 year ago.


It was dated January. As the tenants were evicited and the property has been empty some of the work still hasn't been done as I do not agree with some of the work that the council are demanding.

Expert:  Jo C. replied 1 year ago.
What was the time period specified upon it?

I'm just trying to ascertain whether you can still appeal.
Customer: replied 1 year ago.


No I can't appeal its to late. 21 days is that correct? I work away a lot that is why its taking time to conduct the work. I have had two indepentant contractors say the councilors appraisal is not the course of the damp. He dismissed this by saying that most builders don't know what they are doing.


 

Expert:  Jo C. replied 1 year ago.
yes, thats right sadly.

What were the conditions upon the notice ? I presume it didn't actually say that you needed complete repointing?
Customer: replied 1 year ago.


It says that the mortar used for previous repointing is of the wrong type. I think this is correct but I have had the property for 10 years and its been like that all this time. As I say the builders I have had look at the property say this is not the course of the damp. He is insisting I have it all repointed and bricks replaced. So I could get it done and still have a damp problem.

Expert:  Jo C. replied 1 year ago.
Thanks for that.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

Unfortunately, the bitter truth here is that you are out of time to appeal.

EH do seem to be behaving unreasonably here and I would have suggested an appeal would be worth your while. Come what may though, the 21 days have expired and it is quite strictly enforced.

You can ask them to revoke or vary the improvement notice but that doesn’t really deal with the issue here.

The issue here is just plain that the Council want you to conduct improvements that go against the weight of the evidence that you have gathered.

You can appeal out of time. You cannot hide from the fact that you are quire heavily out of time here and you will need a good explanation for that fact. Basically you will need permission to appeal out of time. Its very difficult to call whether that would be available or not. If you have a good challenge then its rare the tribunal would reject your application though. Be prepared to give a detailed and compelling explanation though.

It is quite unlikely you will get it removed altogether given what you have said but its possible that you could get it varied to more acceptable demands.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64374
Experience: Over 5 years in practice.
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