2 days until we sign and the property is a mess!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 2 days until we sign and the property is a mess!



    Hi there, I am so upset that I wanted to get as much information on our rights as possible before we commence our tenancy on Friday, this Friday!!

    Yesterday I viewed the property with the letting agent to measure for curtains. I was upset that the property had been meerly 'wiped' over with a cloth and little attempt has been made to clean appliances (which had grease dripping from them , yuck) On top of this the following was either faulty or damaged: ( below a copy of the email i have sent to the letting agent)

    Broken Garage Door - at present the garage is unusable and this was a particular feature of the property we required in order to store camping and cycling equipment. As it stands we will not be able to use the garage on Friday when we move in.

    Marks on carpets - the carpets in the hall, 2nd bedroom and master bedroom all have considerable staining and to be honest in the long term need replacing.


    Kitchen - the cooker, grill and hob extractor were dirty with grease and baked on food. The sink has a crack (although it appears to be water tight) and the Freezer drawer is broken. The dishwasher was also dirty.

    Master Bedroom ensuite shower: The shower is visibly detached from the wall and there are considerable patches of paint which have flaked off above the shower on the ceiling as a result of inadequate ventilation.

    Windows: These are dirty both inside and out. As stated above we have agreed to clean the fascias but this does not mitigate for the neglect in window cleaning by the previous tenants. At the very least they need cleaning internally

    As you pointed out there are also numerous cobwebs and dirty skirting boards


    I'm really unsure as to where we stand legally. Can we refuse to move in until the above are fixed? Am i being unreasonable? The letting agent said she would get back to me yesterday afternoon but didn't. We are both so looking forward to moving into our first property together, it should be a happy time but until I am satisfied that the above is rectified ( within 2 days) I will remain an unhappy bunny :-(

    Any advice would be welcomed.

  • #2
    Despite the title of your post, have you signed the tenancy agreement yet?

    Have you paid a deposit (and have you have confirmation that it is protected), and have you paid any rent?

    If you haven't signed an agreement, and you haven't yet paid any rent, you should be in a strong position (i.e. refusing to sign or pay) until the issues are resolved to your satisfaciton.

    Comment


    • #3
      Thanks for repsonding so quickly..

      Dominic - no we have not signed anything yet. We have paid our deposit (which i presume went striaght into the DPS) and letting agents fees. We are due to hand over £950 in cash on Friday as our first months rent to the letting agent.

      Our main problem is that this is our only opportunity to move; I am a teacher and can not get time off work. My partner has booked time off and we would have nowhere to go if we do not move this weekend ..a.rghh!

      Comment


      • #4
        When did you first see the property? Were any of these issues apparent at the time and was anything said?
        I too would be absolutely fuming and writing sharp letters to the agency - have they responded to your email? I'd also follow up with an unhappy phonecall.

        Edit to add - NEVER PRESUME! Check where the agent will be putting the deposit and make sure you get the relevant paperwork and put it somewhere safe. Also, never presume that a property will be handed to you in spick and span condition - make sure the Agents know what you want and if possible that the Landlord knows too (in writing of course).
        Last edited by Tess; 28-10-2009, 09:34 AM. Reason: added para

        Comment


        • #5
          Your dilemma seems to be hinged on the agent's incompetence. If repairs had not been done pre-tenancy, then this should have rung warning bells.
          1. Has an inventory been done?
          2. Was there a written agreement regarding property condition at tenancy start?

          Seems as though you have 2 basic options:
          • Don't sign the agreement or hand over any rent, and (a) wait for agent/landlord to make repairs or (b) look for somewhere else.
          • Sign the agreement and be tied into paying rent for the fixed term of the tenancy. (There is a procedure for with-holding rent in case of outstanding repairs - but is this really the way to go, if the tenancy hasn't even started?)
          The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

          Comment


          • #6
            Tess if what you are saying is true, you may able to negotiate a reduction in the rent gven the condition of the property, or agree to withhold paying any rent until the issues are resolved. Alternatively, you might suggest you pay for the work to be done by professionals and you will deduct that cost from the rent.

            Make sure any agreement as above is in writing and expressed to form part of the tenancy agreement.

            Hopefully the agent does not know of your predicament re urgent need to move in, but even if he does, remeber that the LL may be equally inconvenienced by you not moving so may well agree to your (reasonable) solutions as set out above.

            Comment


            • #7
              Will phone asap

              Tess - thanks for the advice. When we first viewed the property the L agent made ref to the fact that there were 4 children living there at present and that it was 'in a bit of state'. I assumed ( wrongly, as you so rightly pointed out) that this would be sorted before commencement of the tenancy - how wrong i have been.

              My major worry is that the property will not be ready for us to move into on Friday. Does anyone know where this leaves us legally? Can i with hold a % of the 1st months rent? Can i charge the letting agent for storage and alternative accomodation whilst the property is being cleaned?

              Comment


              • #8
                In response to Dom

                Dom - thanks for that. I think a reduction in the 1st months rent will be my move in the first instance and bill for cleaning.

                Why is it is problem that we need to move this weekend?

                Comment


                • #9
                  Tom999

                  Tom - we have not signed anything yet and will with hold rent until we see that it has been cleaned properly.

                  We really like the house, despite the condition, and just want to move in. Looking for another property is not an option and so we will perservere in getting what we want from the letting agents.

                  HAve looked at the Landlord and Tenant Act 1985 but can't see any references or quotes that i can use. Does anyone have any i could use it we need to get more serious?

                  Comment


                  • #10
                    s.11 of the LTA 1985 relates to the property needing to be in a habitable state.

                    However, I think any statutory references here will hinder not help. You are in a very strong position to negotiate a contractual change to the agreement (as per my last post), and this is much better (and constructive) approach than resorting to arguments over the LTA 1985.

                    Comment


                    • #11
                      What a way to commence your relationship with the landlord. Believe me, no landlord will let you move in without receiving the whole of the deposit and first month’s rent. Why get into the hassle of withholding part of the rent? It’s not a smart idea and does not solve anything. The simplest thing to do is to stay put. What is forcing you to physically move out of your current accommodation?

                      You need to decide:
                      • whether to walk away
                      • whether to accept the property as is, on condition that when you depart it is returned in the same state
                      • whether to insist that the landlord rectifies the problems by x date (do not sign anything nor move in until resolved) or the deal is off
                      • whether to move in, resolve the problems yourself and your landlord refunds your actual expenditure (or it is deducted from the rent)

                      Whatever you decide it must be put in writing to the landlord/agent and the response must also be in writing. Do not accept any promises unless they are in writing from the landlord.

                      Comment


                      • #12
                        Poppy - great straight forward advice

                        Poppy - I know, what a way to start.....

                        Thanks for putting it so bluntly, I think I needed that. In the first instance I will go with:

                        "whether to insist that the landlord rectifies the problems by x date (do not sign anything nor move in until resolved) or the deal is off"

                        and then my second option will be:

                        "whether to move in, resolve the problems yourself and your landlord refunds your actual expenditure (or it is deducted from the rent) "

                        will let you know what the L agent says....

                        Comment


                        • #13
                          Originally posted by Poppy View Post
                          What a way to commence your relationship with the landlord. Believe me, no landlord will let you move in without receiving the whole of the deposit and first month’s rent. Why get into the hassle of withholding part of the rent? It’s not a smart idea and does not solve anything. The simplest thing to do is to stay put. What is forcing you to physically move out of your current accommodation?

                          You need to decide:
                          • whether to walk away
                          • whether to accept the property as is, on condition that when you depart it is returned in the same state
                          • whether to insist that the landlord rectifies the problems by x date (do not sign anything nor move in until resolved) or the deal is off
                          • whether to move in, resolve the problems yourself and your landlord refunds your actual expenditure (or it is deducted from the rent)

                          Whatever you decide it must be put in writing to the landlord/agent and the response must also be in writing. Do not accept any promises unless they are in writing from the landlord.
                          Poppy, I disagree with you.

                          Part of the problem is that, presumably, staying put or finding alternative accommodation is going to incur the OP inconvenience and costs.

                          On the contrary, what a way for a LL to commence their relationship with the tenant.

                          Having a grown up, reasonable and constructive discussion about how to remedy the situation, recognising that T is committed to moving in on the agreed date but acknowledging that the property is not in the agreed condition leads only to the conclusion that some form of flexibility as to rent/recompense (or deferment of rent) must be forthcoming from the LL until the issues are resolved.

                          Comment


                          • #14
                            Dominic and Poppy

                            I am not dealing with the LL direct, does this make a difference? I am dealing with the letting agent. the property is fully managed by the letting agent - whatever that means.... not a lot at going on present experience atm.

                            Comment


                            • #15
                              update and EPC

                              Just spoken to the letting agent.....

                              Cleaners are coming in on Friday morning ( commencement of our tenacy) to clean kitchen and steam clean carpets.

                              Garage door is being fixed tomorrow

                              As for the shower, the letting agent has emailed the landlord and is awaiting repsonse.

                              We are meeting the letting agents at 12.00pm on Friday to check the property, then sign the tenancy and hand over the cash.

                              One last thing ... do the letting agents have to provide an EPC and what other certificates should i ask to see?

                              Thanks for all your help and advice

                              Comment

                              Latest Activity

                              Collapse

                              • if we haven't signed the renewal are we still liable?
                                Lexy333
                                Our 6 month short term assured tenancy agreement ended on the 2nd August. We are with a reputable agency. We were invited to renew for a further 6 months back in July and were asked to email our confirmation that we wish to renew in writing. This I did. We were sent the renewal tenancy to sign. We have...
                                22-08-2017, 14:00 PM
                              • Reply to if we haven't signed the renewal are we still liable?
                                mariner
                                I would say your original AST continues as SPT.
                                If now a new verbal AST, you may have a new fixed term and you cannot serve NTQ during fixed term (6 months?).
                                Talk to LL directly, rather than LA.
                                Why did you agree to a new AST, rather than request rolling over to SPT....
                                23-08-2017, 00:30 AM
                              • 6 year deposit claim
                                MaliaZ
                                Hi guys, I know that a tenant can claim a penalty on an unprotected deposit but I just wondered when the 6 year clock starts ticking.
                                22-08-2017, 16:43 PM
                              • Reply to 6 year deposit claim
                                mariner
                                As memory fades over time, can someone provide a 'sticky' for dates when key elements of LL&T Legislation changed? I believe Apr 2012 predates later deposit timescales.
                                23-08-2017, 00:08 AM
                              • NTQ during fixed term?
                                vpltd
                                Hi,
                                Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                                (A residential let in England.)
                                VPL.
                                11-08-2017, 14:53 PM
                              • Reply to NTQ during fixed term?
                                Wright76
                                It's worth noting that guidance is under part 4 where tenant obviously is given notice to end of a period and therefore apportionment would not be applicable.

                                The reference to the notice to quit ending the tenancy on the notice date does not change the fact that it obviously does however,...
                                22-08-2017, 23:24 PM
                              • Reply to NTQ during fixed term?
                                Wright76
                                I think thats exactly what the section I have just quoted confirms.

                                And thereafter, if you choose not to accept they are leaving as a result of the section 21 you must insist on a notice to quit or await a court ordering possession (where you will be ordered to apportion anyway)
                                ...
                                22-08-2017, 23:13 PM
                              • Reply to NTQ during fixed term?
                                mariner
                                A lot of energy has been expended in this debate. It has been suggested a LL has no need to take Court action if T apparently vacates after receiving a s21 but with no Notice. LL cannot safely assume has vacated without Court confirmation, to avoid a T allegation of 'illegal eviction'. Equally I would...
                                22-08-2017, 23:00 PM
                              • Reply to NTQ during fixed term?
                                Wright76
                                If someone could copy and paste section 21 (4) a and b (I'm really not technical!), the law seems to recognise that a tenancy CAN end as a result of a section 21 and before a possession hearing.

                                21(4)b........the tenancy could be brought to an end by notice to quit given by the landlord...
                                22-08-2017, 22:38 PM
                              • Reply to 6 year deposit claim
                                KTC
                                Assuming that the money originally paid had been used as a deposit for the single tenant tenancy, then 6 years and 30 days from when the 2012 tenancy started. And... if that was a fixed term tenancy, then 6 years and 30 days for any subseqent renwal and likewise from when it went periodic.
                                22-08-2017, 22:22 PM
                              Working...
                              X