Advice needed on tenant rights

[pootas]

I have this morning returned the keys to the letting agent. I have explained to them the following points:

1. They mis-represented the property. If they had informed me of the issues I would not have signed an agreement. Whilst I accept they cannot be aware of every tiny issue with a property I do feel they have not inspected this property fully before advertising for rent.
2. The landlord has not maintained the property. I appreciate he is now rectifying issues however these should never have occurred. He should have ensured the property was fit to let before letting it.
3. Due to the delays caused by the landlord/letting agents errors I am now not in a position to move in before January at the earliest. I am incurring storage charges etc which I have to pay.

I pointed out that I had not moved a single item of my possessions into the property and as such had not taken up physical possession and thus tenancy however the letting agent tried to say that I had taken possession etc on signing the agreement...

They have stated they will get the office manager to contact me on Monday. If I'm perfectly honest these issues have just put a massive strain on me over Xmas and I can't help but feel these issues should never have arisen. I accept that during a tenancy faults may arise but I don't think it's reasonable to have these issues on the day you sign the agreement...

[dazwalsh]

I have this morning returned the keys to the letting agent. I have explained to them the following points:

1. They mis-represented the property. If they had informed me of the issues I would not have signed an agreement. Whilst I accept they cannot be aware of every tiny issue with a property I do feel they have not inspected this property fully before advertising for rent.
2. The landlord has not maintained the property. I appreciate he is now rectifying issues however these should never have occurred. He should have ensured the property was fit to let before letting it.
3. Due to the delays caused by the landlord/letting agents errors I am now not in a position to move in before January at the earliest. I am incurring storage charges etc which I have to pay.

I pointed out that I had not moved a single item of my possessions into the property and as such had not taken up physical possession and thus tenancy however the letting agent tried to say that I had taken possession etc on signing the agreement...

They have stated they will get the office manager to contact me on Monday. If I'm perfectly honest these issues have just put a massive strain on me over Xmas and I can't help but feel these issues should never have arisen. I accept that during a tenancy faults may arise but I don't think it's reasonable to have these issues on the day you sign the agreement...

I doubt you could claim the property was misrepresented, everything you saw in the viewing was there when you signed the agreement, sure it wasn't all perfect or fixed but the landlord/agent is working on these and as long as the repairs don't take longer than say a week then they have probably done a good job getting everything rectified.

When one of my properties is to be let i don't go round checking absolutely everything, some things like the door is quote obvious but the central heating system could easily be overlooked, as well as the shower. There is always the odd niggle to sort out within the first week or so.

I think if you approach them to be re compensated for the storage fees whilst you were "unable to move in" then this might be the most you could ask for without it getting messy and expensive going down the legal route, they are unlikely to back down.

[pootas]

Whilst I appreciate what you're saying dazwalsh however the problems shouldn't have been there in the first place.

If they had arisen mid term then fair enough, however I don't think I should be faced with these issues on moving in.

I'm not being awkward regarding moving in, I literally would have been so happy to move in these last few days! I have now had to cancel furniture deliveries. These cannot be re-arranged before the new year. I also work shifts and it is impossible for me to get time off now! I literally could not now envisage moving in before the New Year which is no good to me.

If I'm honest the letting agents seem to be very unsure about what they can or cannot do! I appreciate it isn't their total fault and even the landlord may not have been aware but the only person being penalised is me.

[mariner]

Thread also posted at
http://www.consumeractiongroup.co.uk...-Viewing)-nbsp

[westminster]

Yes, the LL is in breach of s.11 if the heating/hot water system etc is in disrepair. ... There's no obligation on the LL's part to do pre-tenancy checks, and s.11 only kicks in at the point of entering into the contract. If the agent expressly misrepresented the property as having all systems in perfect working order, then that might be something else in your favour, but I certainly wouldn't rely on it to get you off the hook.

As I said before, your best bet really is to try to negotiate with the LL. You want to avoid this ending up in a legal battle.

You don't appear to have taken the above on board.

I think you are being inadvisably hasty by taking such an uncompromising stance when the agent says he has arranged for the shower to be fixed already, and has promised to sort the other problems next week.

You may be lucky and the LL allows you to walk away from a binding contract without consequence (assuming that's what you're hoping), or you may be less lucky.

Bear in mind that, if this ends up in court, the court will consider the reasonableness of each party's behaviour. The agent is acting reasonably in responding immediately to the reported disrepair.

the letting agents seem to be very unsure about what they can or cannot do!

This isn't vastly surprising. Agents aren't lawyers, and they also act entirely on instructions from the LL. It may take a few days for the LL to seek legal advice and respond to your refusal to proceed with the tenancy. I repeat, your best bet is to try to negotiate. Failing to attempt to negotiate or compromise will not work in your favour if this eventually ends up in court.

[pootas]

Oh I've taken it on board and totally agree that I don't want a legal battle.

I can see why you feel I've been hasty, and if it was a different point in the year/situation then I might not have been this hasty. However the Letting Agents knew I wanted to move in before Christmas, I explicitly told them this. I agree that the agent's are acting in a reasonable matter however it still doesn't resolve the situation of me now not being able to move in until January.

In all fairness I've thought about this issue a great deal, and even when speaking to the Letting Agents I've made them aware I don't explicitly blame them however the situation is not acceptable one. The landlord speaks "broken English" according to the LA and seems very unsure how to proceed. I simply want closure on this matter, I cannot explain the stress it has put me under. I do really appreciate the comments and advice you have given on this situation...

[mariner]

You don't explicitly blame the LA, yet accuse them of misrepresenting the property.
LA has not prevented you from moving in - he gave you the keys and arranged for repairs asap!
Your decision not to occupy.
Did LA provide a copy of the pre-T inspection report with the keys, for you to check. That is the Ts recognised basis for property condition at start of T, modified by later nec repairs etc.
Anyone BUYING a house takes on all the deficiencies present at the time Contracts are exchanged.
The LL in me feels you signed in haste and now wish to withdraw (for minor problems). I think a Court would allow LL to claim 1-2 months rent as compensation for your breach of Contract to occupy avail vacant property.
If work was such a problem, why did you not delay your search until Feb/Mar? Have you just moved out of another property? Why?

[pootas]

Absolutely it's my decision not to occupy, however lets not forget the front door is insecure! Why should I move my property in when I know the door needs repairing. If anything was stolen I would be found to be negligent.

The la/ll have not provided any pre tenancy check despite assuring me it was in the welcome pack.

I had to move before Christmas for personal reasons not due to problems with previous ll or anything like that.

[bandontherun]

I think caveat emptor ie "buyer beware" applies to some extent with rentals too. You inspected and I doubt will come out smiling if your position is that you should be let out of the contract and be refunded your first month's rent and depo. Let the landlord carry out the repairs. If the landlord for whatever reason cannot get hold of staff so to do at this time of year suggest you do so and reduce the rent payments by what you are obliged to spend so that the heating works in such a way to keep all rooms warm. The lack of a perfect gas safety certificate is the landlord's weakest point! If the front door is plastic rather than timber repair is far from straightforward. Might sound crazy but from the point of view of heat retention a heavy curtain hung behind the front door is wonderfully effective. Are you saying that you cannot double lock it? Many upvc front doors would fail given a good heave as the tongue on the catch is flimsy, which is why deadlocking is a good idea

[pootas]

I agree with buyer beware to an extent...

But lets face it :

Electrical ...Shower was unsafe
Gas ... Fire has been isolated
Water... Radiators and hot water tap
Security ...Door is insecure

I did not sign knowing these faults, if they had made me aware I would not have signed...