Reporting an Estate/Letting Agent.

[NathSomething]

I would like some help with this,

Me & my friend moved into a 2 Bed apartment recently and discovered after a day or so that the windows didn't open & that there was some kind of air-con system in place (we weren't told of either when shown the apartment & wouldn't think of asking such a question as 'do these windows open?' when viewing a place to live in). After phone calls to find out how to get the air con to work or how to open the windows we eventually discovered (not by the management company or the estate agent but through a contractor) that there isn't even air-conditioning in the place it's a Air Ventilation system.

After another week we finally got someone out to look at the system, to which he fixed it - since then it has stopped working twice, where we've had to live in unbearable conditions. I checked the contract & nothing states anything to do with a Ventilation system in the Apartment. After discussing the issue with my friend we decided it was ridiculous to be paying such an amount to live in somewhere where you weren't happy & were worried about your health especially since through scarred lungs I am prone to infections and have suffered with pneumonia & bronchitis in the past.
So we decided to give the Agency a couple of options either they let us out of the lease early so we can find somewhere else, we pay less rent as the ventilation system is using up electricity & we are putting up with un-liveable conditions or they move us to somewhere with windows that open.

The manager of the estate agent came round to speak to us where he didn't really seem bothered and just kept referring to the fact we were in a contract and that we couldn't break out of it early (even though there are a few clauses in the contract) but that if we waited he would put the apartment on the market and we would have to wait till another tenant wanted to move in & pay the rent up until the date they moved in, we would also have to move out 6 days before for inspection.


I feel because of the breach of contract this is extremely unfair and due to the fact that on a few occasions including upon moving into the flat the Air ventilation system wasn't working for more than a week this is a serious offence due to the law of which anything to do with ventilation should be fixed within 48 hours we should be aloud out of the contract.

I would like to know where I can report the Estate agents to & would like to receive compensation back of living in a property that wasn't properly ventilated & we were living in circumstances to which we didn't see fit not only this but it was a major health risk.

Thanks in advance, Nathan.

[Snorkerz]

If the agent is a member of a trade association like ARLA, you could contact them. Unfortunately letting agents are not regulated so they have no obligaion to belong to any 'governing body'.

I understand that you are concerned about the non-working ventilation system, and indeed there may be a good argument for a minor reduction in the rent whilst the system is not working. Unfortunately, like heating, you pay the running costs, not the landlord.

I'd be interested to know which legislation you believe forces the landlord to fix such issues within 48 hours?

However, you have no claim with regard to the lack of opening windows, nor the fact that you weren't told about the ventilation system. You probably weren't told what type of toilet cistern was installed either. The thing is, the agent did not give you any false information - had you asked and not been told, that would be different.

The landlord/agent have no obligation to allow you to break the contract, you remain liable until the earlier of:
1) The end of the fixed term contract
2) A new tenant (approved by landlord) occupies the property
3) You agree something different with landlord

The landlord has no obligation to comply with 2 or 3, so if you do get out without penalty, think yourself fortunate

[YesAdam]

If you believe it is a health issue, the best place to make your case is to you Council's Environmental Health department. (After talking to Landlord/Agent)

For your Information a Landlord of ours had an Order via Environmental Health to ensure that windows could be opened. They would not open due to excess paint, so was an easy fix.

The cost of running any systems in the house is yours and not the LL, you have the option to use it and pay or not use it and dont pay.

What breach of contract?

You are in a contract and can not break out of it easily.

Your not going to receive compensation, nor am I aware of a 48 hour rule.