New-build flats are damp; sub-tenants complaining

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    New-build flats are damp; sub-tenants complaining

    Hi, wonder if anyone can offer advice on this problem please. We manage some one year old new build flats which are sufferring from damp. The customer care department for the developers in question has sent out a representative who on all ocassions claims that there is no problem and the damp mould wetness etc is caused by the tenants not ventilating the property properly.
    the tenants maintain they are, we too on check in explain this and explain to leave trickle vents in windows open, extractor fans in bathrooms on etc etc.

    Now the tenants are withholding rent and their guarantors want them out of the properties and to break their agreements.
    As agents, we are on the case, we are liaising with developers, landlords and we are even prepared to send an independent surveyor round to have a look and submit a report.
    Are the tenants within their rights to retain the rent? What can we do as they are now screaming human rights, unfit for habitation and clearly are seeking advice from the CAB too. We have not delayed in responding to the issue and just want to see a quick resolution.
    Any suggestions?

    #2
    As the properties are newish, contact your L client (who is a leaseholder in each case) and arrange to complain to NHBC that Developer is not willing to rectify.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Damp problem in new build flats and developer doesnt care

      are the tenants entitled to withhold rent?

      Comment


        #4
        No, they should not withold rent unless they mean to do a repair and even then there is a protocol to follow, but they might be entitled to claim compensation if you are at fault.

        Sounds like they are just wanting you to let them out of it. Is it worth the hassle to keep them on?

        You could threaten them with a debt collector if they keep witholding rent; send a letter before action.
        All posts in good faith, but do not rely on them

        * * * * * ** * * * * * * * * * * * *

        You can search the forums here:

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          #5
          Damp and non paying tenants

          ah.............dont start me off! it staggers me nowadays the amount of non or late paying tenants we have. letters get ignored, notices before action get ignored, visits get ignored, debt collection letters get ignored.
          they see a bit of paint flaking off the walls and the rent is late as a result!
          Whatever we say, they do not accept that they cannot withhold the rent.
          but so many tenants do! its so frustrating and you feel powerless to do anything other then serve a section 21!

          Comment


            #6
            Originally posted by nick4692 View Post
            ah.............dont start me off! it staggers me nowadays the amount of non or late paying tenants we have. letters get ignored, notices before action get ignored, visits get ignored, debt collection letters get ignored.
            they see a bit of paint flaking off the walls and the rent is late as a result!
            Whatever we say, they do not accept that they cannot withhold the rent.
            but so many tenants do! its so frustrating and you feel powerless to do anything other then serve a section 21!
            But what are you (and your L client) doing about Developer and NHBC?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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