I'd like to make a compensation claim against my letting agent - where do I stand?

[Potatojunkie]

Speak to Citizens' Advice. Bring a copy of your tenancy agreement, and as much other supporting documentation as possible.

Did either of you ever clean the filter on the washing machine?

[Shannow]

Originally Posted by Tool_ogt

Write to the Judge in the Daily Record he loves stuff like this.

I nominate Judge Floro.

[Exit_W0unds]

Originally Posted by Addy

That would be what I'm asking for advice on from anyone who knows anything about law in that area/has been in a similar situation. I've already said I know nothing about it.

What I'm asking is, have you been put out of pocket financially by their inconveniencing you? And if so how and to what extent?

[Addy]

Originally Posted by Potatojunkie

Speak to Citizens' Advice. Bring a copy of your tenancy agreement, and as much other supporting documentation as possible.

Did either of you ever clean the filter on the washing machine?

Combined washer-dryer, don't think we can access it directly (I think the plumbers had a look at that after their emergency visit. Fortunately it was exactly the same guys who were looking at the boiler). Until a specialist comes round to look at it we won't know what the problem is with that anyway.

[I'm Your God Now]

Originally Posted by Addy

Those of you who read my LJ may have some idea about what is going on here. We have flat problems. It's a bit complicated so bear with me please.

Basically, some weeks ago something on our boiler's circuit board failed. The back up safety valve kicked in, meaning that whenever the boiler overheated, water started to be redirected out of our flat. This meant through the main piping in the building. Unfortunately, the piping was of a very low quality. For a start, some the water was redirected through a pipe going through the boiler cupboard, leaking all over the cupboard floor. More significantly, the rest of it melted the glue holding together the plastic main waste pipe, causing the contents - including water, waste and sewage - to enter the flat downstairs. Their ceiling has caved in at least twice because of this.

Diagnosing the problem has not been easy. Firstly, we were unaware that it was causing problems for downstairs. We were aware of unseemly noises and bubbling coming from the boiler, but didn't know that it was anything much to worry about. Even though downstairs seemed a bit concerned about leaks, there wasn't any evidence to suggest we were directly responsible, and in any case they didn't know it was our flat specifically either (they spoke to us whilst trying to work it out). The problem also seemed to be building-wide due to the water going dangerously near the electricity substation (we live next door to the courts, the possibility of them being affected was raised but nobody knows if that's the one they use or not) so general enquiries were made about the building itself. We did however report it to the landlords as soon as we started suspecting it might be a big issue. This was certainly before the year end, I can't remember if it was before Christmas or not.

The fact that it was the Christmas season that this started helped none, as both my flatmate and I were away or busy for long periods, and of course the letting agents were hardly going to stay open. My now working in Livingston this month has also done anything but help, nor has Ali's working full time.

After we completely lost our hot water, and downstairs ceiling caved in, following numerous visits from electricians, plumbers and the letting agents, none of whom knew precisely what the problem was, it was diagnosed as something to do with the boiler. The agents were getting a bit hostile to us, asking us what the problem was so they could sort it, ignoring the fact that we kept telling them we didn't know, and needed someone to tell us. Neither of us know anything about boilers or piping, and we have made that quite clear at all stages.

The flat downstairs is now totally ruined as a result of the second cave in. The impact on us is that we have to only use the boiler very very minimally in order to prevent overflow that might enter their flat. This means, we can turn it on to heat water for, say, an hour or two for a shower or to wash the dishes, but then we have to get it off or downstairs suffers.

This means: no heating (in the freezing cold height of January) very limited hot water and very limited showering (since the shower is powered by the boiler. It's nothing in comparison to downstairs, but still a big inconvenience.

What's worse is that it isn't sorted yet, despite having been a problem for 2 months and having been correctly diagnosed 3 weeks ago. Reaching either Ali or myself has been hard, so we've done our best to make sure the agents have both our phone numbers and email addresses. Of course, ignoring Ali's number completely means they never reach me, as I'm in work during office hours. They've taken now to only ever emailing her, or occasionally phoning me then complaining when I don't answer in their emails - she keeps saying I can't answer the phone, and that they should call her, but nothing. They also keep calling us first thing on a Saturday morning (when we admittedly will be in) to say someone is coming round - completely disregarding our chance of having plans. One on occasion I was phoned at 12.40 to request someone be in the flat between 1 and 2. Ali had said "yeah, someone will probably be in on Saturday" on Tuesday and we'd heard nothing since.

They repeated the trick last week. I'd ended up crashing at a friend's house last minute after being out on the Friday, so my phone was switched off as I slept on the floor that night. Waking up at 1 to a missed call that could only have come between 9 and 12 was absolutely infuriating.

Now, they've taken to out and out lying to us. The plumbers have been genuinely helpful. I think they were called by the building factors (liability certainly seems to be divided between the factors for the awful piping, which is going to have to be replaced, quite possibly with legal consequences if they don't, and the landlords for the faulty boiler) and have even railed against their own employer's incompetence in terms of ordering the parts we need - its their purchasing department's job to find the parts, not the job of the guy who actually puts them in, but they're not interested - to help us.

They were supposed to come round yesterday - when Ali would be in - to sort it. I got a call - which I missed of course - to say that they'd been called to an emergency in Edinburgh however and that they wouldn't be coming. The landlords would try and rearrange for later that day though or today (by sheer cooincidence, Ali was off today as well, but they didn't know that). The plumbers duly arrived today - but knew nothing about any emergency! They were gobsmacked that the agents had told them that, claiming that they had not received confirmation from the agents that they were due to come. I have the message saved from our agents, though obviously can't prove the plumbers aren't lying. The plumbers though have been nothing but fantastic to us, and the agents have been nothing but shite, so I know who I'm inclined to believe. The plumbers have also said how difficult and unpleasant the agents have been with them, backing up every experience we have had with them since we moved in.

And now, the parts will take 3 weeks to order, so we're stuck like this until then.

We also have a separate issue of our washing machine. Attempting to use that 2 weeks ago, it stopped within 5 minutes, nearly all the water having gone...into downstairs flat. Despite being a new machine in July, it flooded straight through the floorboards, worsening the problems for them and leaving us without a washing machine. Hopefully I can get someone out to fix that next week, but I still have to hold the agents responsible as this was in place when we moved in in August having been bought the previous month.

Because of all this, I believe I'm probably entitled to some form of compensation from the landlords. However, not being legally minded, where do I stand on that one? If I could claim something, who do I go to? Any advice much appreciated.

Now, this is a story all about how my life got flipped-turned upside down and I liked to take a minute, just sit right there & I'll tell you why I want compensation for all we had to bear.

[Addy]

Originally Posted by Exit_W0unds

What I'm asking is, have you been put out of pocket financially by their inconveniencing you?

No, but not all compensation claims are made on the basis of being out of pocket. It's been very disruptive at the worst time of year for it. Maintenance of the boiler comes under their jurisdiction as landlords (I believe) and therefore its failure is a failure on their part to do as they should - entitling us to comeback.

[Potatojunkie]

Originally Posted by Addy

Combined washer-dryer, don't think we can access it directly

There should be a rectangular plate on it somewhere that lifts off. And bits for collecting moisture and fluff, if it's also a dryer.

[Tacky]

Plumbing/boiler issue, fucked up downstair's ceiling and caused tenants to have no heating or hot water.

Man im good at summarising!

[Addy]

It's built into the unit so the only part of it we can actually access is the front. It takes two men of considerably greater strength than Ali and I put together to pull the thing out of the unit.

EDIT: Not technically built into the unit actually, but there's millimetres of room in the sides and about 2 inches maximum above the top.

Originally Posted by Tacky

Plumbing/boiler issue, fucked up downstair's ceiling and caused tenants to have no heating or hot water.

Man im good at summarising!

Pretty much, but if I'm enquiring as to compensation entitlement I needed to give more detail than that

[Tacky]

Originally Posted by Potatojunkie

There should be a rectangular plate on it somewhere that lifts off. And bits for collecting moisture and fluff, if it's also a dryer.

Aye - remove the kickboard, and have something ready to collect the water when you remove the filter - the water will be minging and roasting! Did it twice in one friggin night!

Some of them you cant access though, which is a pain.

Hope you guys get this sorted cause its an atrocious thing to go through, and seems to be very common within new builds, and its a shame to tag ew builds with a stereotype!

[endless psych]

Originally Posted by Potatojunkie

There should be a rectangular plate on it somewhere that lifts off. And bits for collecting moisture and fluff, if it's also a dryer.

Originally Posted by Addy

It's built into the unit so the only part of it we can actually access is the front. It takes two men of considerably greater strength than Ali and I put together to pull the thing out of the unit.

Said rectangular plate really should be on the front of the thing for just that reason.

[LesMTS]

Seriously, unless you've had a few bad experiences with them before speak to your landlord first. Like I said, we got a month free of rent and they were apologetic and sorted out our problems for us without us having to lift a phone again.
Not saying this will happen with you, but it's better than going behind their backs in the first instance.

[Tool_ogt]

Man it's a washer dryer not a tank I'm sure it can be moved and I never knew you needed specialist to come out should plummers not be abel to look at the pipes at the back of a washing machine?

[Addy]

Originally Posted by LesMTS

Seriously, unless you've had a few bad experiences with them before speak to your landlord first. Like I said, we got a month free of rent and they were apologetic and sorted out our problems for us without us having to lift a phone again.
Not saying this will happen with you, but it's better than going behind their backs in the first instance.

I reckon I'd get at least a dirty look if I asked them the time of day, let alone put in a formal complaint (they've fobbed us off from the start since we moved in) but yeah it's probably a good idea to suck it up and tell them. I suppose I can avoid a face to face confronation by emailing, if they try to phone me I'll miss the call anyway due to work so they'll be forced to reply in writing.

Originally Posted by Tool_ogt

Man it's a washer dryer not a tank I'm sure it can be moved and I never knew you needed specialist to come out should plummers not be abel to look at the pipes at the back of a washing machine?

Yes but you've met us right? I can barely lift 5kg let alone a full sized washing machine, especially when I can't get my hands round the sides to try and lift it. And the guys who came round were used to dealing with boilers and such like (presumably why they were called, it would have been the number the flat downstairs would have had to hand - and if you've just had a full washing machine of water pour through your ceiling you're going to call the first one you find)

[Exit_W0unds]

Originally Posted by endless psych

Said rectangular plate really should be on the front of the thing for just that reason.

If there's a white hose which leads out of the machine into a hole in the kitchen wall to release the hot air and moisture from the dryer, then it's a dryer. Otherwise it might be a condenser which has a plastic storage tank at the bottom of the machine which needs emptied after every couple of uses. And if it's not emptied, it floods out.

Is it possible that the machine is a condenser? There should, in any case, be a removeable plate on the front of the machine.