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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Disrepair Protocol - disclosure of disrepair documents hard

Customer Question

Disrepair Protocol - disclosure of disrepair documents hard or soft copy.

My landlord has been ordered by the court again to provide all documents about the property, tenancy and disrepair and fulfill the Disrepair Protocol for the 3rd time.

He is due to deliver them tomorrow 17th March 2014.

What documents should I expect to get?

Please give me a list.

I read Lord Woolf's directions re disrepair protocol, but feel landlord will again use every trick in the book and will ommit if allowed and I do not know what I am looking for.

Please advise and give a list and what to watch out for.

So far he has tried to say that despite having over 400 properties and extensive contracts with subcontractors and property agents he never keeps any documents or files or asked anyone else too.

All new to him, this keeping documents and files. despite over 20 years in the property business.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

The Protocol states:

Alex Watts :

All relevant records or documents including:–




(i) copy of tenancy agreement including tenancy conditions





(ii) documents or computerised records relating to notice given, disrepair reported, inspection reports or repair works to the property.






(c) The Early Notification Letter should include the authorisation for release of the information (except in a case where the tenant is acting in person).





(d) Specimen Early Notification Letters are attached at Annex A of paragraph 5. They may be suitably adapted as appropriate.


Alex Watts :

If there are any specific documents you want that are not being disclosed you should ask for them and if not further disclosed you can seek a Court Order for specific disclosure.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I will keep that list and await tomorrow. Then I will let you know if there is anything further.

Customer:

Good to know the property managers have failed to provide documents to Property Ombudsman in time 2 weeks ago. PO chasing it up. I hope with the withholding of evidence and docus so far there is enough to damn them.

Customer:

Thank you will await.

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Alex,


 


Got the documents,


 


Very very poor, just gave me recopied documents of his court documents submitted so far and a few papers


 


The repair list does not go back to beginning of tenancy 2007 and water damage then, it does not include many dates when there was clear damage and my reporting, although they include various minor reports around,


 


it does not include the emergency calls made and failed to respond.


 


it does not include the reason and repairs to the property around re reasons for flooding from upstairs due to roof, water tank, workmen and broken rotten sill.


 


It is very poor


 


What do I do now in informing the court. if it is an application route I need another proof of income to exempt me from court costs.


 


It really is poor, but the judge has been so lacksidaisical on so many other stuff not sure how to get this through and taken seriously, that and 4 clearly false statements.


 


my only hope no matter what way it goes is it is on public record for all to see. It is that bad and ridiculous and a shame to the court and justice system.

Expert:  Ash replied 3 years ago.
If there is a specific document or group of documents you want you need to make an application on form n244

Yes. You May be entitled to fee remission.

Alex

Customer: replied 3 years ago.

I am exempt, but it takes 5 days to get proof of income from dwp and court next week. Not enough time.


 


But documents are really poor.


 


I can only raise it and ask for it at court.


 


 


 


 

Expert:  Ash replied 3 years ago.
You can pay the fee now and then claim a refund.

Alex