Tenant signed AST now refusing to move in!

[sjcollett]

Hi, don't know if anybody can help - i hope so!
Situation: [we are managing agents] tenant viewed property when fully furnished. went to move in last week and was appalled by condition - stripped floorboards in bad state of repair [large gaps, some loose - had rugs over them before], few cosmetic bits [some holes/ cracks in walls/ some skirting missing], polysterene ceiling tiles in 2 rooms, tiles in hall missing [these had been covered in rugs]. She had given one month rent and deposit and signed 12 month AST but now REFUSES to move into the property stating health and safety.

She has 3 kids and says their hands could get caught in floorboards, splinters from wooden doors etc etc. we have done all we can to try and convince her these are cosmetic things and not H&S - but she now cites that the landlady is a b***h [admittedly they happened to pass and it was not a good scene - the landlady thinks the house is her baby and doesn't like the new tenants because they will live in HER house! - i know it's strange but it happens].

I have tried to convince the landlady to do some works to the house to keep the tenants as i know they are FAB people who are houseproud, pay on time etc etc and will work out. I have also tried to convince the tenants to try and make the house a home [buy some rugs etc]. Now landlady refusing to do many works - she will not carpet and is doing bare minimum and tenant refusing to move in.

I am now stuck with the landlady saying floorboards are beautiful and match my doors [which are 100 years old and falling apart!] and the tenant saying i am not living there with my kids hurting themselves in that house and that owner being such a B***.

Seriously we're at stale mate. the tenant has now moved back to her old house and refueses to move! Any thoughts advice please!! Thank:confused:s. Sam

[jeffrey]

So the argument is not whether T wants to move-in but, rather, whether T has entered into a legally-binding contract.
Read this thread: http://www.landlordzone.co.uk/forums/showthread.php?t=16379.

[Paul_f]

I think you may have made the same mistake as a lot of agents; you need to have one tenant vacate and a dilapidations assessment carried out, and the prospective tenant view before they commit themselves to a tenancy. Trying to have one immediately follow another into the premises is fraught with problems and should be avoided.

It appears an assessment under HHSRS was not carried out (as an agent you should know about this) and if the tenant withholds rent or walks away then your landlord would find it very difficult to do anything about it.

You might want to advise the tenants to take independent legal advice, and much as you like them you act for the landlord and as such cannot prejudice your relationship with her.

I would suggest you revise your methodology, and if you really want somebody to troubleshoot your office procedures, you could do worse than look at my website for guidance. www.learnletting.co.uk I'm quite approachable. It includes how to educate landlords in a sensible approach to matters.

[sjcollett]

Thanks for that. I have looked at the links and they are useful. We did tell the new tenant that it would be better to view again and be sure when the other tenants had left but she was insistent that she wanted the house and wanted to sign for 12 months rather than 6! To my mind there was only one risk that would appear on the HHSRS - and which we advised the landlord of. Should I also have thought that some of the gaps in the floorboards of the lounge would mean her newborn baby would get it's fingers stuck?

[Rodent1]

I think you may have made the same mistake as a lot of agents; you need to have one tenant vacate and a dilapidations assessment carried out, and the prospective tenant view before they commit themselves to a tenancy.


Paul, are you for real ? the logistics of this just dont wrk do they ?
T gives notice on old prop then waits until "moving day" to approve prop and sign AST, if problem like above then T will be homeless if they cant go back to original prop !
If someone goves me notice and moves out i will aim to fill same day/ day after so they wouldn't be able to come back to any of my props, yoy are advocating mayhem!

T should have been more aware on viewing, or prepared to spend a few quid on rugs - like £30 for a basic pretty large one.

If LL let as unfurniished why should they go out and buy rugs !?

If this issue is clouded than LA should address property description and conduct a more informative viewing, ant other works required should be attended to by LL immediately.


All that is required is a few rugs to resolve problems by the sounds of it ...stubborness on both LL and T by sounds of it. And a declaching of personalities by LL &T ;)


The Rodent

[mind the gap]

And a declaching of personalities by LL &T ;)


The Rodent

Could you describe this interesting-sounding process for us Rodent?

I've never seen anyone being 'declached' before. Is it painful? Does it involve rugs?