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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i live in a private rented property one of seven we pay 10

Resolved Question:

i live in a private rented property one of seven we pay 10 pounds per month into a contiquency fund on top of the rent no repairs of any kind have been carried out for ten years cottages very very damp windows falling out can we ask to see the fund balance
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve please?

Customer:

Good morning, I would like to know if my landlord can charge £10 extra per qtr for contiquency,sorry about spelling, this has been claimed for over ten years no repairs at all have been carried out the cottages are very damp rotten windows etc, land lord will not do anything also she puts on extra charges for the water, all seven of us are over 50 and love where we live but feel that we are being ripped off any advice please

Customer:

also if this is genuine and it is a maintenance fund can we see the account

Alex Watts :

Indeed. Let me just have a think

Customer:

thank you all rents up to date and paid on time

Customer:

do not want to move very rural NOchildren quiet

Customer:

we all have to pay 40 per month extra for water and sewerage private sewer, landlord is charged 30 per year for all seven properties water board said we should be paying very very little tiny cottages single people no sewer costs landlord will not fit water meters

Customer:

if we do not like it get out is usual answer but we do like it but not the severe damp have to use hairdryer to flash over bed damp , clothes go mouldy from damp my windows cannot be opened they would fall out we have all purchased dehumidifiers one resident has a trachiotomi

Customer:

can we refuse to pay her additional costs for the water a 100% increase

Alex Watts :

Does the agreement allow the Landlord to charge the extra £10 a month please?

Customer:

no

Alex Watts :

Ok - so on what basis is he saying he can charge this?

Customer:

its a contigency charge

Alex Watts :

Ok - but the agreement does not allow him to charge you this?

Customer:

yes

Alex Watts :

Ok - it does.

Alex Watts :

I asked if it allowed the Landlord to charge it and you said no

Customer:

no the agreement does not mention this

Alex Watts :

So the agreement does not mention the Landlord can charge you a continency?

Customer:

that is correct

Alex Watts :

Ok - in that case you do not have to pay it

Alex Watts :

You should have an agreement that sets out each parties rights and responsibilities

Alex Watts :

These are the terms of the agreement between you both

Alex Watts :

The Landlord, once signed can NOT change these terms

Customer:

thank you can we ask for what we have paid to be returned

Alex Watts :

That is breach of contract. So you do not have to pay the £10

Alex Watts :

Yes, you can ask for those payments back, at least for the last 6 years which is what you are limited by law

Alex Watts :

If he does not you can issue proceedings as a small claim: www.moneyclaim.gov.uk

Alex Watts :

can I clarify anything for you about this today please?

Customer:

thank you what about the water our water goes to the house next door then thru to the cottages via a meter the people n the house also have a meter and would be happy to give us a bill for our water

Alex Watts :

Yes if you are being supplied water then each property should be individually metered

Alex Watts :

Unless its a fixed fee which is just split accordingly

Customer:

why does she landlady have the right to impose extra charges meters we had the waterboard out and meters will only be fitted if landlord pays which she wont

Customer:

we are pensioners and can not afford meters

Alex Watts :

She has NO right to impose any extra charges whatsoever

Alex Watts :

The only charges she can impose is what is contained in the agreement

Customer:

thank you i will go thru the agreement again surely she should repair the windows

Alex Watts :

Yes. It is part of the structure and Landlords responsibility

Customer:

thank you for your time

Alex Watts :

Can I help with anything else today?

Customer:

you have been a great help i will send high rating thank you

Alex Watts :

Thank you. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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