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emhattan
07-03-2007, 22:52 PM
Estate Agent refuses to provide Landlord's address.
I just moved-in and it was a nightmare - property, which was declared by estate agent as clean, furnished, refurbished to high standards was so dirty and smelly that I had to spent my first night at my friends place. Next day after my outrage the agent readilly agreed to arrange repairs, bathroom grouting, plastering, painting, industrial carpet cleaning and general cleaning - all despite his own statement that the flat was refurbished and cleaned to high standards just before I moved in. Slowly but surely flat was transformed but after the first week of my stay the agent get very, very busy and out of telephone reach. As a matter of fact, we've got ongoing and still unresolved issues regarding the state of the furniture, window blinds etc - never mind that the wardrobe door is missing totally, and the drawers of the chest cannot be opened, my agent is not willing to restore, change or even remove it. His excuse is that landlord is out of reach. At the same time he is not willing to provide me with any contact information. My contract states the name of the landlord but not the address.
My reall concern (and reason I'd like to get in contact with landlord) is not the furniture or the state of the property. I have strong suspicion that this agent deceives both me and landlord at the same time, and most of all I am worrying about my future disputes over deposit etc.
My questions are: 1.Do I have a right to get in contact with Landlord if my issues are not resolved through agent.
2. Is there any way to end tenancy before 6 mth period (I am really full of this situation, would like to end it and forget it. I will never use estate agent's services again, that for sure)
Your help is highly appreciated.
E.M.

Bel
07-03-2007, 23:12 PM
I take it that you didn't view the flat before you signed then?

If the flat has been falsely represented to you, then the Agent has breached the Trades Descriptions Act. You could talk to Trading Standards department of your local authority.

You must write to the agent if you are not satisfied. You could use their misrepresentionto you to negotiate walking away from the property without penalty. Ie if they let you walk, you won't tell on them to Trading Standards.
If you stay, you should be able to negotiate a rent refund for your inconvenience.

To find out LL details; write to Agent asking for Landlords name and address. he must reply within 21 days or he has breached The Landlord and Tenant act 1985 section 1. Insist that it is the abode of the LL that is required, and not his address for service.
Or check your address for the owner with the land registry online. It will cost 2 or £3.

thesaint
08-03-2007, 11:03 AM
Is it also true that no rent is payable if the details are not forthcoming?

jeffrey
08-03-2007, 11:48 AM
Is it also true that no rent is payable if the details are not forthcoming?

Failure to comply with s.1 (or s.3) of LTA 1985 is a criminal offence but does not directly affect rent.
Failure to comply with s.48 of LTA 1987, on the other hand, stops L from recovering rent until he complies.

emhattan
08-03-2007, 19:43 PM
Thanks Bel and Jeffrey for your advice! Really greatful! I will start my "epistolary battle" with this con-estate agent and we'll see how it goes.
One peculiar moment of my viewing was the fact that the flat was presented by two different agents without them knowing about each other! I booked viewing with both of them for same day in just 30 min time difference. The flat was in a huge block, so I presumed that different agents are letting different flats. What a surprise? Both agents had keys, landlord's name etc., and both where quite surprised too. After some short deliberation behind close doors one of them retired and situation "cleared-out". The one who later on become my agent looked and sounded much more experienced and driven (kind of notorious "used-car-salesman"). Anyhow, my actual viewing was brisk and filled with promises and assurances that although the flat looks like after WWII everything is going to be fixed, renewed, replaced etc but I have to show my commitment by paying in a deposit. So be it. The rest you know already from my initial post.
I will keep forum posted about my case. After all, if everything goes really wrong i think every landlord (and of course tenant) deserves to know the name of this artist and his enterprise.

PaulF
08-03-2007, 21:37 PM
There are potential breaches of the Defective Premises Act 1972 and S.11 Landlord & Tenant Act 1985, and the trump card, the Protection from Eviction Act 1977 which works every time in such circumstances.

You might want to stay to "exhaust" your deposit in equivalent rent then just leave. It would be up to the landlord to sue for breach but if the premises is as disgusting as you say then any letter you have sent to the agent pointing this out would be pretty convincing I would say.