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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32990
Experience:  Award winning lawyer with over 15 years experience
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Thomas. The Housing Association have contacted me and

Customer Question

Hi Thomas. The Housing Association have contacted me and counter argue that it does not state in the Tenancy Agreement that they will repair fencing. The also argue that it is not a breach of their repair obligation under Section 11 of the Landlord and Tenant Act 1985. My concern is that they have previously repaired the fence and now seem to be changing the terms to suit their needs. Please advise.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
I agree. I would be minded to write back to them and set this out to them. Confirm again that it is part of their repairing obligation and not only this but they have been doing it for years in compliance thereof. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
I did write to them and sent the letter via recorded delivery. How do I get them to listen rather than rebuff my point of view? How can I challenge their counter argument regarding their reference to the Landlord and Tenants Act?
Expert:  Thomas Judge replied 1 year ago.
Let me see if I can help and please rate positive.I think that you have to write back and reiterate your position. That the lease is the key document. It sets out the position. They have always done this and are trying to change their position. I would also be minded to involve your local MP to try and exert some more pressure (for free) against them. He can also write to them. Please rate positive.
Customer: replied 1 year ago.
My local MP is a Tory who most likely thinks all social housing tenants are"pond life" rather than graduates who have missed the boat when it comes to getting onto the property ladder. I was rather hoping that you could provide a legal point on which to argue our case such as they have set a legal precedent by choosing to repair the fence in the past or some such other legal point to help beef up our cause. I find it extraordinary that a landlord, private or otherwise, can demand a tenant be responsible for repairs rather than damage caused.
Expert:  Thomas Judge replied 1 year ago.
The legal point is that the contract makes them liable. This is supported completely by their recognition that they are liable- have always been liable and have previously made such repairs in support/acceptance of the contract. From that perspective it seems to be quite clear and straight forward. The suggestion of an MP writing is that it can speed things up. The other option is to get a solicitor to write a formal letter -which I imagine merely repeats what you have already written. Happy to discuss but please rate positive.
Expert:  Thomas Judge replied 1 year ago.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Thomas Judge replied 1 year ago.
Do you have any further questions? Can you please rate positive - this is how the service works.