Buying a house (and renting)

Victor Mildew wrote:
Lagamorph wrote:Yeah I'm in the North East.

A few miles away in Middlesbrough and prices drop even more.

My wife's side of the family is from there and the last time we visited, we drove through an area with miles of housing estates, with every single house boarded up.

Aye half my family's from the Boro, such a rough place. Every time I went back it was worse than I remembered it.

PostRe: Buying a house (and renting) by **Moggy** » Fri Sep 11, 2020 10:43 am

That's not a growth wrote:Is it worth just saying something like

"Look, I know you deal with this all the time so used to it, but I'm finding the way you're answering my questions as bit difficult to fully understand as it feels you're trying to give full context rather than specifically answer my queries in a way a layman can understand the implications. If I lay out my concerns below point by point would it be possible to answer each one in turn, to help me understand how my choices might reduce my options in the future a bit clearer."

And then break down every query you have as a simple bullet point question.

The back and forth with the ombudsman got on my nerves so much that I am not sure I want to go back to them to get another confusing answer.

I knew the ombudsman couldn't force the landlord or property management company to do anything. I was just looking for a decision from them to see where I stand. That part all looks good. I'm not so fussed by the compensation side of things and so will probably reject their decision, but will use the letter they sent me in any legal action.

Hopefully the decision itself is enough to make the landlords see sense. I'll write a threatening letter and see where I get.

I've a feeling though that this is never going to end.

Corazon de Leon

Moggy wrote:
Corazon de Leon wrote:
The legal stuff is most likely outside the jurisdiction of the FOS(is it the FOS you're dealing with?) but to be on the safe side I wouldn't accept compensation until you have a cast-iron guarantee that it won't affect any future legal claims.

I've no idea what the FOS is. I'm dealing with the Property Ombudsman.

It's fine they can't make legal rulings but the wording sounds like accepting £250 will end things as a full and final settlement. Which is strawberry floating stupid (as Ad7 said) as the dispute is over £6k.

Ah FOS is Financial Ombudsman, alas I have no experience with the Property Ombudsman so don't know what their rules and regulations are. As you say though, their wording is very suspect and sounds like it has been constructed to protect themselves if things go further tits up. I believe the Property guys work in the same way as the Financial Ombudsman in that they have a process of adjudication, then pass it through to an actual Ombudsman if adjudication fails - what stage are you at?

Would echo using Reddit/r/legaladviceUK. Some very knowledgeable people on there. Probably time to start lawyering up though.

Drumstick wrote:Definitely do no accept £250 (at least not yet).

Can you explain the relationship between the landlord and ThievingCunts? Do they just act on his wishes, ergo the landlord has instructed them to break the agreement?

Sounds like the freeholder is hands off and hires a managing agent to do the general work of a freeholder. Although the owners of the freehold and the owner of the managing agent are actually the same individual/s?

PostRe: Buying a house (and renting) by **Moggy** » Fri Sep 11, 2020 11:30 am

I had a reply on the money saving forum.

You're muddling up PMC and your landlord.
Your landlord has gone back on their word
PMC has wasted your time

£250 is for PMC wasting your time.
The dispute over £6k is with your landlord

Edit to add...
You need to get this clear in your mind. For example, if you issue a court claim against PMC for £6k it would fail. Your dispute over the £6k is with your landlord.

I think the Ombudsman is therefore saying that the £250 is just for the management company being banana splits. Everything else would be a matter against the landlord and is separate.

That forum suggests paying them under protest and then using a tribunal to reclaim the unfair payment.

I have a few weeks to decide whether to accept the ombudsman's decision or not. I'm going to think it over and decide next week.

Laga, the offer to buy my flat is still open.

PostRe: Buying a house (and renting) by **Moggy** » Fri Sep 11, 2020 11:34 am

Grumpy David wrote:
Sounds like the freeholder is hands off and hires a managing agent to do the general work of a freeholder. Although the owners of the freehold and the owner of the managing agent are actually the same individual/s?

Yes.

The owner is one bloke (google suggests he has a VERY bad reputation). He owns lots of businesses. The freehold for the building is owned by his main company. The management of the building is done by another company he owns. When they threatened me with forfeiture, the debt recovery company they quoted was also owned by the same bloke.

Scum basically.

I wish the damn government would hurry up with the leasehold reforms.

Better call the Bristol equivalent of Saul!

PostRe: Buying a house (and renting) by **Moggy** » Fri Sep 11, 2020 11:38 am

Victor Mildew wrote:Better call the Bristol equivalent of Saul!

I'd prefer a hitman like Mike.

Rocsteady wrote:
Victor Mildew wrote:
Lagamorph wrote:Yeah I'm in the North East.

A few miles away in Middlesbrough and prices drop even more.

My wife's side of the family is from there and the last time we visited, we drove through an area with miles of housing estates, with every single house boarded up.

Aye half my family's from the Boro, such a rough place. Every time I went back it was worse than I remembered it.

The actual town centre and the University areas aren't too bad now, but around the housing estates....yeah it's not great.

Redcar may not be great but it's a bit of a better place to live at least.

PostRe: Buying a house (and renting) by **Moggy** » Fri Sep 11, 2020 11:54 am

Another reply (spoilered as it's quite long)

I don't think it is necessarily a good idea to reject the award.

I am not a specialist lawyer or ombudsman, but the situation isn't that complex. The complaint to the PO is entirely about the PMC breaching their professional standards, in the context of the PO scheme. Nothing else.

Yes, it means that you cannot pursue the PMC for compensation, but your service charge dispute is not and never has been with the PMC. It is with the landlord, where the PMC are acting merely as his agent. Your landlord (through the PMC) made the demands. Your landlord (through the PMC) offered a settlement. Your landlord (through the PMC) attempted to renege on this agreement. Your landlord (through the PMC) was the one wasting your time and going back on his word. You would take your landlord (not the PMC, although they may act on his behalf to manage the case, but often they don't) to the tribunal. The tribunal would never consider any complaint from you about the PMC itself. So if the PO complaint is by definition about the PMC, it's almost entirely tangential to anything that goes on at the tribunal.

The key is to be very clear about what complaint the PO actually HAS reviewed. They should state it in their decision - it is partly included in your quotes above, explicitly and implicitly, but there is probably an introductory definition that you have not included. That is the only thing that is settled.

Perhaps the tribunal may take some account of the compensation you already received when they are making their award. The LL might argue that all the disputes were down to the improper actions of the PMC and that you have already received an award for that directly from them, which reduces his liability for punitive damages for the specific issues of delay and dishonesty. I don't know what their practice is, but they would probably take their award decision and deduct £250 - but that's about all the implications I think it could have. And I'm not even sure that line of reasoning would be accepted - because why would the LL still be disputing at tribunal rather than implementing the settlement, if the PMC was the only bad faith actor?

I think that guy's right. The ombudsman has ruled on the property management company being gooseberry fool, not on any of the other disputes.

So £250 would stop me moaning about what's happened with the ThievingCunts. But wouldn't stop me being able to take any actions I want against the landlord.

PostRe: Buying a house (and renting) by **Moggy** » Fri Sep 11, 2020 5:05 pm

Dunno why I've never found this over the hours of searching I've done over the years, but it's recommended to pay under protest and then go to a tribunal.

https://www.lease-advice.org/files/2020 ... verted.pdf

Tribunal fees are £100 with an additional £200 if it goes to an actual hearing (rather than just them deciding from the paperwork).

£300 isn't too bad. Especially if I accept the £250 ombudsman compensation.

The risk is that I lose and then I've paid the banana splits. But at least that would also bring this 6 year nightmare to an end.

PostRe: Buying a house (and renting) by **Kezzer** » Fri Sep 11, 2020 5:43 pm

Lets start the campaign for Moggy's Legal Aid!

PostRe: Buying a house (and renting) by **Moggy** » Fri Sep 11, 2020 5:54 pm

Kezzer wrote:Lets start the campaign for Moggy's Legal Aid!

Hopefully that won't be needed, if the tribunal isn't too expensive then I should be able to cope.

I'm happy for you to start a "Buy Moggy a PS5 and Xbox Series X" fund though. :datass:

What's the rough cost of having gutters cleared? Never had it done before so no idea what going rate is

PostRe: Buying a house (and renting) by **Jenuall** » Thu Sep 17, 2020 11:30 am

Depends on the size of house and amount of guttering I would imagine. Our neighbour had theirs done recently and said it cost him £80 I think.

I thought "screw that" and decided to have a go at it myself. I then proceeded to shake like a leaf as I was stood at the top of a ladder that seemed a lot less safe than when I was looking at it from the ground and with my hands above my head trying to pull crap out of the guttering! :lol:

PostRe: Buying a house (and renting) by **Imrahil** » Thu Sep 17, 2020 12:08 pm

I live in a bungalow, so I get easy access to the gutters. :datass:

Moggy wrote:Dunno why I've never found this over the hours of searching I've done over the years, but it's recommended to pay under protest and then go to a tribunal.

https://www.lease-advice.org/files/2020 ... verted.pdf

Tribunal fees are £100 with an additional £200 if it goes to an actual hearing (rather than just them deciding from the paperwork).

£300 isn't too bad. Especially if I accept the £250 ombudsman compensation.

The risk is that I lose and then I've paid the banana splits. But at least that would also bring this 6 year nightmare to an end.

Can you pay this £6k over a specified period of time? Or will they expect it paying in one go?

Also, be wary of these tribunals, if they are anything like the small claims courts where you have to pay for expensive mediation (£200/hr!) and hope you win AND get awarded costs.

OrangeRKN wrote:What's the rough cost of having gutters cleared? Never had it done before so no idea what going rate is

I do this as part of my business (www.merseyjetwash.co.uk), and of course vary by property size, height and type. My minimum charge is £50 and a typical 3 bed semi would be £70. But the price can go upto £200 for a large detached.

PostRe: Buying a house (and renting) by **Curls** » Thu Sep 17, 2020 10:42 pm

I have a random mortgage question for you all.

Here is the situation.

I am on a 2 year fixed rate, and then it'll go up. I know at the end of the two years I'll shop and search again for a new deal...however at the moment I am hit by fines if I Overpay over 10% of the mortgage in a year, which I aim to do.

However after this 2 years is up. I will not be charged any over payment fee. The idea I have is. When this two years is up, do a large lump sum over-payment. AND then move the mortgage after about a month or so, to a new seller (who will likely have over-payment restrictions again. Is this a commonly used tactic?

Thanks!

Curls wrote:I have a random mortgage question for you all.

Here is the situation.

I am on a 2 year fixed rate, and then it'll go up. I know at the end of the two years I'll shop and search again for a new deal...however at the moment I am hit by fines if I Overpay over 10% of the mortgage in a year, which I aim to do.

However after this 2 years is up. I will not be charged any over payment fee. The idea I have is. When this two years is up, do a large lump sum over-payment. AND then move the mortgage after about a month or so, to a new seller (who will likely have over-payment restrictions again. Is this a commonly used tactic?

Thanks!

You'd want to sort the remortgage application about 3 months before the fixed rate ends. Conveyancer will then swap the day the fixed rate ends which avoids wasting time on the expensive SVR. Or in your case defer until an overpayment has been processed before requesting the redemption statement.

Why overpay more than the 10%? You incur unnecessary early repayment charges. Just stick the amount over the 10% into Premium Bonds or something until the final year starts where you can do another 10% of the outstanding balance.

When you are on the SVR you can overpay as much as you want without penalty. No need to wait a month to do it though. Overpayments should process within a couple days so you could swap much faster than a whole month after paying it

Buying a house (and renting)

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