Jump to content
House Price Crash Forum
Sign in to follow this  
Pippa

Wasps In The Loft...who Pays?!

Recommended Posts

Hugely long story with a total debacle that is my current situation. Most is not that relevant however, but just for the record:-

1) bought house (I know, I know, don't shout)

2) handed in notice (2 months) on rental accomodation on 11th July, turns out should have been 10th so we're stuck paying until 9th October despite moving out this Saturday.

3) Turns out landlords are selling house, sold before it even went on the market (13th July) so we're hoping they exchange quickly so we're let off the last however-much rent (great that notice period doesn't 'start' until August 10th but exchange should happen around then!).

Just discovered a HUGE wasps' nest in the loft whilst moving out. Now our landlords have been such s**ts that we obviously don't want to get stuck paying for this to be removed after they've screwed us over, we'd love to pass the cost to them; plus I don't think it's fair on us to skive completely, pretend we haven't seen it and leave it for the new owners. I'd be hugely grateful if someone could tell me whether this kind of thing is the tenants' responsibility, or whether we can be a pain and leave it to our emigrated-theiving-rude landlords ;-)

Thanks in advance, we're slightly bitter about everything to do with renting and buying houses at the moment - both are as much of a nightmare as the other!!

Share this post


Link to post
Share on other sites
Guest tenant super

I think the council remove wasps nests as part of their environmental services, I believe it's free (inthe sense that it's not in addition to your council tax) - maybe enquire with them up front ?

You cannot be held accountable for this!

Share this post


Link to post
Share on other sites

I think the council remove wasps nests as part of their environmental services, I believe it's free (inthe sense that it's not in addition to your council tax) - maybe enquire with them up front ?

You cannot be held accountable for this!

Not all councils will remove wasps nests for free, I know for a fact that Bristol City Council charge (but then they seem to charge extra for everything).

Share this post


Link to post
Share on other sites

I would check that you do actually have to give two months notice, I know it might say this in your tenancy agreement but im sure I have read somewhere that leagally you only have to give one months notice, no matter what the tenancy agrement says. Im sure someone will correct me if im wrong!

I believe your tenancy agreement will say something along the lines of "the tenant will be responsible for rectifying any intention damage to the property or damage caused through their misuse".... I think your LL would be hard pressed to claim that a wasps nest is damage attributable to the tenant. I would withold paying any more rent until he conforms in writing you wont be responsible.

Share this post


Link to post
Share on other sites

I would check that you do actually have to give two months notice, I know it might say this in your tenancy agreement but im sure I have read somewhere that leagally you only have to give one months notice, no matter what the tenancy agrement says. Im sure someone will correct me if im wrong!

I believe your tenancy agreement will say something along the lines of "the tenant will be responsible for rectifying any intention damage to the property or damage caused through their misuse".... I think your LL would be hard pressed to claim that a wasps nest is damage attributable to the tenant. I would withold paying any more rent until he conforms in writing you wont be responsible.

if in doubt - take the boiler like all gippos do. should cover at least 2k...

Joke:

maybe he has moved the wasps in as the new tenents - imagine how many wasps you can get to a room!!!! even more than illegal immigrants ive heard!!

Share this post


Link to post
Share on other sites

I would check that you do actually have to give two months notice, I know it might say this in your tenancy agreement but im sure I have read somewhere that leagally you only have to give one months notice, no matter what the tenancy agrement says. Im sure someone will correct me if im wrong!

I believe your tenancy agreement will say something along the lines of "the tenant will be responsible for rectifying any intention damage to the property or damage caused through their misuse".... I think your LL would be hard pressed to claim that a wasps nest is damage attributable to the tenant. I would withold paying any more rent until he conforms in writing you wont be responsible.

Re: 2 Months notice, see the thread I started some time ago:

http://www.housepricecrash.co.uk/forum/ind...p;hl=young+goat

Word of warning, the consensus was that 2 months is not allowed however I have received (semi) reliable advice that there are circumstances that do permit it. You may wish to take professional advice.

Quick thought also occurs, was the notice period during the fixed term of the tennancy (ie the end of it) or during a subsequent statutory periodic tennancy? Also covered in the above thread but a very important point.

Re: wasps, I think some contracts make infestations the tennants responsability. If you don't want to sort the problem out yourself then repeat after me: "wasps? what wasps? haven't seen any of them about this year, must have appeared after we left the property....."

Share this post


Link to post
Share on other sites

I don't know about all councils but mine charges £45 to remove Wasps' nests. I know 'cause we had one in the loft. The council tax doesn't cover it, that's for the gold fittings in the town hall bathooms!

If I were in this situation I'd just scarper and keep shtum about it.

Share this post


Link to post
Share on other sites

Just discovered a HUGE wasps' nest in the loft whilst moving out. Now our landlords have been such s**ts that we obviously don't want to get stuck paying for this to be removed after they've screwed us over, we'd love to pass the cost to them; plus I don't think it's fair on us to skive completely, pretend we haven't seen it and leave it for the new owners. I'd be hugely grateful if someone could tell me whether this kind of thing is the tenants' responsibility, or whether we can be a pain and leave it to our emigrated-theiving-rude landlords ;-)

Normally it's the landlords responsibilty where infestations have happened which aren't your fault. That's certainly the case in my contract but yours maybe different. And as another person here has said, probably don't worry mentioning it anyway. I've rented 5 places in my time and in none of the ones that had a loft has anyone inspected it. It's more the internal fixtures and decoration that they're worried about.

Share this post


Link to post
Share on other sites

Thanks for all the advice, I think we're going with the "Keep Schtum and Scarper" approach. After all, the place will be sold within weeks and the landlords won't be coming to see it beforehand. Glad the inventory doesn't poke around in the loft ;-)

Interesting about the 2 months' notice possibly not being valid. It might not be worth us seeking professional advice as a quick exchange will mean less than 1 months' rent anyway.

Share this post


Link to post
Share on other sites

Legally, infestations etc are not the responsibility of the landlord, and so by default are the responsibility of the tenant, IF they want them removing. The keep quiet and leave approach seems the sensible option!

Share this post


Link to post
Share on other sites

Just to add to matters, the landlords have been utter gits and wouldn't release us from the remaining rent until they'd exchanged. To cut a long story short, I've been in communications with the estate agents who've finally let me know they'd exchanged yesterday, and are completing tomorrow, all while we still hold keys and are sitting tenants.....not a dickie bird from the letting agent.

We've needed this like a hole in the head as we're getting married this weekend and will be away on honeymoon - how's this for a stinking letter 'cos they're not getting away with it for sure!!

To Whom It May Concern,

Re: Tenancy of XXXXXXXXXXXXXXXXX

We are writing to inform you we have just been told of the exchange of contracts on the above property by the vendors’ estate agent, “XXXX”, completion is scheduled for tomorrow, Friday 25th August 2006.

As you are aware, it is against the law for a vendor to exchange contracts while there is a sitting tenant in the property; our landlords have acted illegally as there has been no communication on their part to you, the letting agents, or to us requesting our vacation of the property and the requisite inventory on our exit. As the completion is taking place tomorrow, less than 24 hours away, there is now no opportunity for an inventory, though we must stress that we have followed protocol in respect of our contract. Please find enclosed the invoice relating to carpet steam cleaning/fumigation, which we had done despite being given no notice of when our official exit should be.

We expect a full refund of our deposit (£XXX), and reimbursement of our rent paid on 7th August for the rental month to 9th September (a further £XX). If we have not received these monies due to us by 8th September we will be taking legal action.

Yours sincerely,

Share this post


Link to post
Share on other sites

"As you are aware, it is against the law for a vendor to exchange contracts while there is a sitting tenant in the property"

Since when????

Since this same letting agent told us that was the case last month....and the estate agent reiterated it. Does anyone else know different?

Share this post


Link to post
Share on other sites

Since this same letting agent told us that was the case last month....and the estate agent reiterated it. Does anyone else know different?

Nothing wrong with completing whilst there's a sitting tennant as long as the tennant's rights to remain in possession are respected.

Share this post


Link to post
Share on other sites

As Young Goat says, there is nothing illegal about selling a house with a sitting tenant. However, the tenants rights are not affected, he cannot be evicted earlier etc. So, he can sell it, but still cant kick you out until you have had the proper notice.

Share this post


Link to post
Share on other sites

As Young Goat says, there is nothing illegal about selling a house with a sitting tenant. However, the tenants rights are not affected, he cannot be evicted earlier etc. So, he can sell it, but still cant kick you out until you have had the proper notice.

Well we've had no notice, but as we vacated (but kept keys) in July it's ok....so that's why I'm asking for the last month's rental back.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.