Tenants Rights to Recover Costs

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  • Tenants Rights to Recover Costs

    I recently took up a tenancy with a private landlord through an agent. Before signing the tenancy agreement I requested, in writing, to be allowed to erect a rotary washing line, and a Sky dish. On receiving written confirmation from the agent that this was OK, I then went out and spent a considerable amount of money placing the order with Sky for Sky+HD (12mth contract, Dish etc) and purchasing a rotary washing line and ground spike.

    I have since had further emails from the agent stating that actually this wasn't allowed, and that could no longer use the washing line, and that the Sky dish should be removed. I have requested a refund of monies paid out, but again this has been refused.

    What are my options? Any assistance and advice appreciated.

  • #2
    This sounds odd. Why do the Agents claim that the previous consent is now inoperative?
    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.
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    • #3
      They are stating (as are neighbours) that there is a covenant on the land that the landlord was not aware of. The landlord however did live at the property before I moved in to it, so I would expect him to have known.

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      • #4
        That's your landlord's problem. It's for him to know the property's applicable restrictions and covenants and to transfer that to tenancy agreements.

        In my opinion because you were given wrongly permission, the landlord should pay your full out of pocket costs.

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        • #5
          Many thanks Poppy. Thats what I would assume as well. If however the landlord continues to refuse (through the agent), what are my options? Could I withhold rent? Would I need to make a claim through the small claims court system (and if I did how successful would I likely be)? I never thought renting would be such a nightmare - and all for the love of a good woman!

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          • #6
            If you cannot come to an agreement for costs with your landlord, you'll need to let a judge decide. Start a Money Claim Online.

            Don’t recommend withholding rent.

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            • #7
              Many thanks for that Poppy. Obviously I want to avoid legal action if at all possible, but am not afraid to do it should it be required. Its just very frustrating that I asked the question, was given permission, and then permission is reanaged (sp) on once money has been spent. If we had never been given permission we wouldn't of taken up the tenancy. I even questioned the satellite installation a second time and was told it was no problem!

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              • #8
                Things go from bad to worse! Had a visit from a tracing company last night that are looking for the landlord. They couldn't say that they were seeking reposession of the house or any particulars to do with why they were looking for the landlord, but I was able to ask questions without them actually talking about the landlord, that indicated that might be what they are doing.

                Maybe thats why he originally said (according to the agent) that we could put up dish and washing line - doesn't care cos he is heading to reposession? If the mortgage company did reposess what would be our options? Could they evict us? We intend moving on at the end of initial 6 months anyway.

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                • #9
                  and now the agent appears to be unable to find the landlord. If everything goes tits up will we be able to recover our Deposit? Its lodged through TDS.

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