Some legal questions

[Mise]

Hello, legal minds.

Our property management company is legally required under the Landlord and Tenant Act 1985 to provide us with the address of our landlord within 21 days of receipt of a written request.

My question is, does an email constitute a written request?

If it does, then they're already in breach (they don't want to give the landlord's address out). I'm going to put it in writing anyway, and snail mail the request, but I'd still like to know.

Also, for any UK legal minds, what can I do if the management company still refuses to disclose the landlord's address?

All of this started because the landlord was supposed to have re-fitted the carpets before we moved in, but failed to do so. This was written into the contract -- is this clause enforcible? As yet, he STILL hasn't replaced the carpets (we moved in on Feb 16th...). What can we do about it?

I'm probably going to check out the Citizen's Advice Bureau about this, but it would be great if someone with knowledge of UK housing law / tenancy agreements - or someone who's had first/second hand experience with stuff like this - could point us in the right direction.

Cheers folks!

 

[Holycannoli]

I don't think email counts as anything legal. It's rarely even used for conversing anymore; it's now the preferred way to send jokes to people on fowarding lists and as a way to let everyone know about your wonderful new penis enlargement system.

 

[joycem10]

In my local jurisdiction email would not be considered written notice.

You would need a certified letter sent by USmail with a signed return receipt. Not sure what the British equivalent is, but I do think a hard copy would be required.

 

[ravensfire]

(IANAL disclaimer)

Generally, if you're getting in to legal areas, ALWAYS use a written letter, sent registered with a return receipt requested (US Mail, but I suspect most other mail system have something similar). Basically, send something in writing in a form that you will know it's been sent, recieved AND who recieved it. It makes it difficult for the other party to claim they didn't get the letter. E-mail does not have that assurance.

E-mail is used, but the US legal system uses the PACER system for most legal filings because of the limitations of e-mail.

As for the carpet - if it's in the contract, demand it. Don't send a nice letter - send a demand. I'm assuming you've called and called before - the time to be nice is done. Make sure that you're in complete compliance with all your legal requirements under the contact, of course, but stress that they are not.

-- Ravensfire

 

[Mise]

Cheers guys. I can send it by recorded/registered delivery, and have it signed on receipt, so that should satisfy any legal requirements.

@ravensfire: They keep telling us that it will be done "in a few days from now" (irrespective of when "now" is...), so I'm not sure what kind of demand I can make.

For example, they've told us today that it will be done this week -- what can we do if they don't get it replaced this week? What kind of legal channel/action can/should we pursue?

 

[EnglishEdward]

I assume the name of the landlord is on the contract?

If so, try a google.

 

[Brighteye]

Civil action in courts for breach of contract. Look up solicitors online or use your solicitor if you do have one.

 

[ravensfire]

Cheers guys. I can send it by recorded/registered delivery, and have it signed on receipt, so that should satisfy any legal requirements.

@ravensfire: They keep telling us that it will be done "in a few days from now" (irrespective of when "now" is...), so I'm not sure what kind of demand I can make.

For example, they've told us today that it will be done this week -- what can we do if they don't get it replaced this week? What kind of legal channel/action can/should we pursue?

I'd send them a letter documenting everything to date - the wording in the contact, how often you've called or written to get it done. Make is clear that this was expected to be done back in February, and that your disappointed that it hasn't been completed yet. At the end of that, add something like
"Per our conversation on August 18th, 2008, we expect that this work will be completed by August 25th, 2008. If the work cannot be completed, please provide us with a written explanation as to the reason and a firm estimate of when it will be completed.

We hope the work will be completed on time and that no further steps will be required by us to get it completed."

At this point, be polite, but firm. No need for direct threats - that last statement is fairly clear (in business speak) that the next steps will be less than pleasant for everyone. Above all, remember this is business. It's not personal. Don't get upset at them, and don't hesitate to make things clear to them. Polite, but firm. If they still quibble or delay, it's probably time for a letter from an attorney on the attorney's letterhead saying basically the same thing.

Good luck!
- Ravensfire

 

[EnglishEdward]

Mise.

You could look online at:

http://www.landregisteronline.gov.uk/

 

[illram]

If you are in London I'm sure there are some free landlord/tenant legal centers for folks. Look them up and have a chat with someone.

 

[mrrsx2006]

Google is your best friend.

 

[feline_dacat]

Update for you all - I sent a firmly worded email the same evening and this morning I got to work and found the Landlord's address in an email to me from the management company. SUCCESS.

Now for the carpets.