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Rental Disaster

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  • Rental Disaster

    I am totally at the end of my tether. I have been renting now for four months (have a one year contact) and I have been completely miss sold by the agent. The landlord is as good a useless and I feel totally and utterly trapped.

    I viewed the property twice and confirmed with three separate members of staff that it needed to be cleaned professionally and that various things would be sorted before I moved in. I was told it was managed by the agent but found out three days before moving in (when signing the lease) that the property was not managed by the landlord. With two children and no other alternative I accepted the managed state. When I arrived at the property with my van load of stuff the place was totally and utterly disgusting. It had not been cleaned, there was mouse droppings all over the house, in the kitchen cupboards, in the utility room and in the airing cupboard. I rang the agent and was told it was not there problem as they did not manage the place. If i could have jumped down the wire and kicked him in the nuts I would have done.

    The land lord has paid for molly maids to come round but it was really hard to organize and they only did a general clean. The would not touch the mouse crap or the grease covered kitchen or the dog hair imbedded in the carpet as it was not in their remit and the land lord only paid for a general clean. I have had to most of it myself to make it habitable for my children.

    The electrics are un earthed and the light fitting need to be made safe. Still after two electrical reports which I have not been able to see I am still living with unsafe electrics.

    The fridge has not worked properly since I moved in and I am still waiting for a replacement.

    The bath fills up because it is blocked and has been since I moved in and it has still not been done.

    I have email the landlord and offered to get it done and deduct it from the rent but they keep promising that it will be done.

    I am totally and utterly fed up. I have tried to get the agent to give me back my credit check free of £300.00, My moving costs of £260.00 and My first months rent of £1100.00 but they have offered me £150.00 for my troubles!!!!

    Help !!! What are my options???????

    I feel trapped and really really really hacked off

    I really want to name and shame the agent on here! is that allowed????

  • #2
    You have good reason to be hacked off!

    You have a legal right to a 'minimum' fitness standard for human habitation according to the housing act 1985. This includes repair, drainage and sanitary, disposal of waste water and of course general cleanliness and freedom from pest infestation.

    Your landlord has a legal obligation to carry out the repairs that you have mentioned under the landlord and tenant act 1985 (quote this to him!).

    I would put this in writing to him, stating that if the repairs aren't carried out (within a timescale you are happy with), you will withhold rent. You would however have to put this aside to pay him when the repairs are carried out.

    Your other course of action is to report him to your local housing authority, who have the power to serve a 'repair notice' on your landlord and enforce the repairs.

    If you are really not happy living there after all the hastle, you can leave, but would have to go down the legal route to recover your costs incurred moving in....as judging from what you have said, I can't see the agent stumping up the money you have paid them. Your deposit should be in a tenant deposit scheme of which you should have been notified about within 14 days of moving in (was this done? ), so they have to give this back to you.

    Good luck!!
    commission free property sales and lettings


    • #3
      Still unhappy

      Thanks very much for your reply.. I thought I had got it sorted out. I went away for the weekend and left my keys with the landlords handy man. He was going to do the bath (which I doubt he did properly) I think he has just shoved drain un-blocker down it rather than removing and cleaning the trap. He also replaced the fridge. He was going to install the fridge, turn it on a few hours later and then put all my stuff in the new fridge.

      This morning we got up (having arrived home late last night) to find that the fridge has not been switched on. All my food is now off!!! I rang the land lord at 7.15 am having discovered that the kids breakfast stuff was all off... I sent an email today asking if there was any news about the fridge being fixed to be told and I quote

      "That's because we're all exhausted from such an early call. Phil will be round later to look at the fridge.
      Kind Regards
      Tel: 01837 xxxxxx
      ----- Original Message ----- From: "Elsbeth xxxxxx" <xxxxxx>
      To: "xxxxxxxxxxxxx>
      Sent: Monday, November 09, 2009 1:21 PM
      Subject: Fridge


      further to my telephone conversation with Simon this morning at 7.15 I have not heard anything from anyone.

      any news on what is happening?


      I think I want to leave. What are my options legally?

      Should I go straight to a solicitor?

      The Deposit is held in a deposit scheme and I did get a copy..


      • #4
        Why did you move in if it was so bad.

        £1,100.00 per month ? what have you got? a mansion, it dosn't sound like it !

        If you can afford that sort of rent, then you can afford to get a fairly decent pad.

        I have no sympathies


        • #5
          [quote=UnhappyTenant;9164] My first months rent of £1100.00 quote]

          (Posted by Alex - £1,100.00 per month ? what have you got? a mansion, it dosn't sound like it !
          If you can afford that sort of rent, then you can afford to get a fairly decent pad.
          I have no sympathies)

          Read her post....first months rent includes her security deposit!

          Just out of interest, did you eventually sort the problems Unhappy Tenant?
          commission free property sales and lettings


          • #6
            Re: Rental Disaster

            I am sorry that Alex has no sympathy for me!! But thats what it costs to live in Bucks !!!!! I could rent somewhere else for cheaper but my kids are settled in school and I grew up in the area and I have family around me.

            The situation is still not sorted out..... I am desperate.....Alex if you can find me a property in Bucks, for less than I am paying ----- please let me know... I will move in tomorrow !!!!!!

            My rent is 1100 per month, I pay council tax on top of this which works out about 180.00 per month and my deposit held by the agent is 1650.00

            I would love to live somewhere cheaper but ...... Thats the way it is......

            I moved in on the promise that all the problems would be sorted out and that the place would be professionally cleaned..... When I landed on the door step with my stuff in a van I realised the place had not been touched since my viewing... I had my stuff on the door step and had to pick the kids up from school at 3pm... What would you have done?????? The kids needed a place to sleep and I had to move out completely from my other rental on that day...

            I was told by the agent that it was not managed (as promised) three days before I moved in. I was well and truly shafted by the agent.... And the landlord (who has a solicitor husband) is still being horrible to me.

            Can someone explain section 8.3 of the landlord and tenancy act. This has been thrown at me by the said (solicitor) husband.

            8 Implied terms as to fitness for human habitation
            (1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
            (a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
            (b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
            (2)The landlord, or a person authorised by him in writing, may at reasonable tinmes of the day, on giving 24 hours’ notice in writing to the tenant or occupier, enter premises to which this section applies for the purpose of viewing their state and condition.
            (3)This section applies to a contract if—
            (a)the rent does not exceed the figure applicable in accordance with the subsection (4), and
            (b)the letting is not on such terms as to the tenant’s responsibility as are mentioned in subsection (5).

            (4)The rent limit for the application of this section is shown by the following Table, by reference to the date of making of the contract and the situation of the premises:
            Date of making of contract Rent limit
            Before 31st July 1923. In London: £40.
            Elsewhere: £26 or £16 (see Note 1).
            On or after 31st July 1923 and before 6th July 1957. In London: £40.
            Elsewhere: £26.
            On or after 6th July 1957. In London: £80.
            Elsewhere: £52.




            • #7
              Re: Rental Disaster

              got confirmation that he has mis quoted the landlord and tenancy act 1985 in black and white!!!

              Not to mention ------- Just heard back from the Law Society and apparently the fact he has put on the letter he is a solicitor and not a non practicing solicitor the Law Society want a copy of the letter so that they can pursue it !

              Just goes to show that bulling does not work.........

              Very happy