Housing agency sends £600 bill for repairs in old flat
Q My partner gave up his old flat about a year ago to move in with me and his son.
The housing association he was with has sent a letter saying he owes it more than £600 for repairing damages. These includes things such as underlay being left behind – it was in the flat when he moved in – and a list of repairs that he did not know needed attention.
A He should write to the association setting out his response in full. The housing association must act reasonably and be able to prove why the repairs are properly asked.
If the dispute goes on unresolved after correspondence, the association may sue your partner in court, and then it would be up to the sheriff to decide what, if anything, is owed – but that should be a long way off.
My advice for anyone going into a rented property is: check everything, make notes and take photos to prove the state of the house when you entered.
Youths plague my lane
Q I have been plagued by children in a lane behind our house smoking, leaving rubbish about and making noise. The parents do nothing though we have tried to speak to them. Can I take them to court to get them to clear up the mess and keep their kids in order?
A Parents do not have civil liability for their offspring’s actions unless they somehow encouraged them. If looking at dramatic measures, you could take the kids to court and seek an interdict – an order preventing them from entering the back court. But, realistically, all you can do is complain to the police and the council.
If the behaviour got really bad there are powers to make parenting orders against people who wilfully avoid controlling their children, but they are more or less untried since being brought in.
Health insurance hassle
Q I was on an insurance policy I took out for critical illness and had to make a claim. I was turned down as they said that, in the past, I had suffered from shortness of breath. I did not think this was relevant to the physical condition I have now.
A Anyone taking out insurance should read the whole of the policy and conditions. If an insurance company can get away without paying, they will.
Insurance is a contract of the utmost good faith and applicants are obliged to answer truthfully.
If you were asked about ANY previous illness, you had to reveal it. But if the policy excludes previous illness when it comes to a present condition, you should be covered.
Can ex force house sale?
Q I am separated and my wife says she wants the house sold and the proceeds divided between us. But it was my home before I met her and is in my name alone.
A If your home was not bought as a family home, your wife has no financial claim. But even if she has a small claim on its increase in value, you should not have to sell, especially if you have children living there.
