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

[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.

[Exit_W0unds]

It'd be the downstairs neighbours who'd have a case to seek compensation I'd guess. What compensation could you possibly recieve that'd give you back the weeks of having the plumbing fucked around with?

I don't really get it. :/

[Tool_ogt]

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

[Posh]

Originally Posted by Exit_W0unds

It'd be the downstairs neighbours who'd have a case to seek compensation I'd guess. What compensation could you possibly recieve that'd give you back the weeks of having the plumbing fucked around with?

I don't really get it. :/

40 lashes would be good.

[mischief]

Originally Posted by Tool_ogt

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

It'd need to be a 2-page spread though.

[Exit_W0unds]

Originally Posted by mischief

It'd need to be a 2-page spread though.

Easy, up Addy's text size by 2pts and job's a good'n

[Posh]

If The Judge wants to discuss it he can leave an anonymous comment on Addy's LJ

[mischief]

I doubt you'd need to change the text size.

[Addy]

Originally Posted by Exit_W0unds

It'd be the downstairs neighbours who'd have a case to seek compensation I'd guess. What compensation could you possibly recieve that'd give you back the weeks of having the plumbing fucked around with?

I don't really get it. :/

I'd bloody well hope downstairs make a claim (I don't know if theirs is the same agents as ours, if it isn't there's three potentially liable parties for them).

And although nothing will bring back the time with fucked up plumbing, a lot of compensation claims are for things for which the only effective compensation would be a time machine, we've been massively inconvenienced thanks to their incompetence, and compensation doesn't seem unreasonable to me.

Probably not a good idea for me to name the agents, but I'm tempted to so that others don't make the same mistake we did in going for them.

[LesMTS]

Bring it up with your landlord first, tell them the story and make it clear you're not happy. Don't go straight for legal action. Similar happened to me a few years back and we got a month rent free.
If they're cunts about it, go to citizen's advice.

[Ghostsuit]

Go to citizens advice, print that out and show them .

They should be able to advise you best, thought you probably do have some comeback I'd think.

[Exit_W0unds]

Originally Posted by Addy

we've been massively inconvenienced thanks to their incompetence, and compensation doesn't seem unreasonable to me.

Financially? And if so then to what extent?

[Addy]

Originally Posted by Exit_W0unds

Financially? And if so then to what extent?

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.

[Pantgirl]

I'd chalk it up as a "Bad experience" and leave it at that. I seriously don't think you have a leg to stand on really

[Tool_ogt]

You should name them as I'm sure the people on here who are looking into getting a flat in the future would like to stay clear of them.