Damage To Vacant Council House

xXOuOXx

Hi all,

I recently signed a tendency agreement for a council house, I not currently living in the house as I am currently renting private. While waiting to move into the new place, the house was burgled and some entry point windows where smashed.

Because I have been renting private, I currently have a part 4 on the appartment I'm in so, I had to give 2 months notice before I can move out. So luckily there wasn't anything of significance in the new place but there has been damage to windows and the front door. I've contacted the guards and the council.

The council has said that because I have the keys, I am responsible for the house, basically I've been told I have to pay for the windows.

I understand once I'm living in the house, if something like this happens, I will have to pay for such damages but considering I am not living in the house, the council is still in the process of getting the house ready, I haven't been told how much rent I'm meant to be paying when I move into it and I haven't even gotten all the keys to the house, it makes me think maybe the council is trying to push their responsibilities onto me?

During the paper work process, there was a document that I had to get signed by my current letting agent stating the date we intend to move out, I had to give that document in before the council would hand out the keys, so it seemed like the council, my landlord and myself were in agreement that I would move into the new house at a specified date.

Also when in the process of getting the keys, it was very much implied, I should take my time with the move, that the keys would be handed out to me in order to get the house in a liveable condition before I have to move into it, now it's being implied that I should have full responsibility for the property as if my tenancy has already started.

Any advice would be greatly appricated.

4ensic15

You could have moved into the house straight away. You took the keys and the responsibility with them. The fact that you are part 4 has nothing to do with your notice period.

amcalester

Did you sign a lease? What was the start date?

xXOuOXx

amcalester wrote: »

Did you sign a lease? What was the start date?

Yes signed a lease weeks before getting the keys. The start date is the 12th of June.

xXOuOXx

4ensic15 wrote: »

You could have moved into the house straight away. You took the keys and the responsibility with them. The fact that you are part 4 has nothing to do with your notice period.

No I couldn't because the council was still doing mantance, as of yet there is still work that they have to complete.

Edit: What do you mean by notice period?

amcalester

I’m no lawyer but I don’t see why you’re responsible when according to the lease your tenancy hasn’t commenced yet.

xXOuOXx

amcalester wrote: »

I’m no lawyer but I don’t see why you’re responsible when according to the lease your tenancy hasn’t commenced yet.

Yeah that's my issue as well and I really would have no issue paying if I was living there but it's a weird situation. Really the person who broke the windows should pay but the council has to get the house to a certain standard before moving someone in (or that's what they've explained to me). Thanks for your opinion!

Bigmac1euro

xXOuOXx wrote: »

Yes signed a lease weeks before getting the keys. The start date is the 12th of June.

Did you tell the council on the phone that your start date is not until the 12th of June ? I don't see how it could possibly be your responsibility if the windows got smashed in before the date you officially agree to move in and from when the lease/agreement starts.

colm_mcm

seems odd that they’d give the keys a few weeks before the lease started. Is it that you’re just not moving in til the 12th?

xXOuOXx

colm_mcm wrote: »

seems odd that they’d give the keys a few weeks before the lease started. Is it that you’re just not moving in til the 12th?

So initially when I was told I could live there, I was excited and had a look at the place, the doors where missing, windows missing but it had all been bored up, so the idea behind giving the keys early is so I could get the house to a liveable standard before moving in, there's no flooring, curtains, appliances.. Cooker, washing machine etc.

The council still had some repairs to do, but I was given access for things like, measuring the room sizes for flooring, figuring out what furniture would fit in the apporite rooms...

It has been agreed that I would move in on the 12th of June, it is upto me to get the house kitted out by that time, so obviously I need access, I'm pretty sure it's the norm for council housing.

xXOuOXx

Bigmac1euro wrote: »

Did you tell the council on the phone that your start date is not until the 12th of June ? I don't see how it could possibly be your responsibility if the windows got smashed in before the date you officially agree to move in and from when the lease/agreement starts.

Well they were pretty brief on the phone. I only found out today that it happened.

As far as the phone call, I rang in, they said the person that usually deals with this isn't around but as far as they were concerned, once I had the keys I was responsible, I am aware, maybe the person I spoke to was not informed that I'm not to move in till the 12th but as I cannot talk to the appropriate person, I figured I'd come on here and get other people's opinions.

Nikki Sixx

What was stolen?

dartboardio

Hmm.

So if i was renting a house and my tenancy hadnt commenced yet, and the place is broken into, its my loss?

I really dont think so!

xXOuOXx

Nikki Sixx wrote: »

What was stolen?

A broken garden strimmer, a shovel and a stair gate. (I wanted to get the garden done so the kids could play there when it comes time to getting the interior done).

xXOuOXx

dartboardio wrote: »

Hmm.

So if i was renting a house and my tenancy hadnt commenced yet, and the place is broken into, its my loss?

I really dont think so!

Yeah I'm of the same mind set thank you

degsie

Nobody here can give you a definitive answer. Engage the council and/or seek proper legal advise.

xXOuOXx

degsie wrote: »

Nobody here can give you a definitive answer. Engage the council and/or seek proper legal advise.

Yeah I agree, I'm going to talk to them in person and possibly write a letter outlining my side of the situation, I just wanted to hear other people's opinions because maybe I have a bias opinion.

Part of me is expecting them to try fob me off and shift responsibility onto me if I don't make a strong enough argument, so I'm gathering thoughts here.

I also have someone calling around tomorrow to assess the damage to the windows and to give a quote incase the situation unfolds with me having to cover the cost.

It's possible when I talk to the appropriate person, they'll be aware my tenancy hasn't started and might be able to get the issue resolved before I have to move in.

But I want to get feedback so I don't go in there over looking something and making a fool of myself.

4ensic15

Go to one of you newly elected councillors and see how good they are now.

xXOuOXx

4ensic15 wrote: »

Go to one of you newly elected councillors and see how good they are now.

Hopefully the situation can be resolved without having to take it that far but I can't see any harm contacting them, thanks for your advice

carolmon

xXOuOXx wrote: »

Hopefully the situation can be resolved without having to take it that far but I can't see any harm contacting them, thanks for your advice

Email the relevant person with a polite request that they explain on what legal basis they are holding you responsible for damages to a house the council says is not yet up to their standards for habitation and on which you have no legal tenancy agreement until June 12.

Cc your local councillors in the email.

I think you will find the issue quickly resolved.