Property in a state.

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    Property in a state.

    Hi guys, this may have been covered before but I'm sure it varies person to person.

    Anyway, we viewed a property last month and decided to go for it. We had a certain set of requirements which were a deep clean and the carpets cleaned, however this was verbal.

    We moved in yesterday and to be quite honest the property is in a **** state. The carpets are dirty, the walls are marked, the shower barely works and just dribbles, the side gates are hanging off the wall so we can't secure them, the rear gate is also non securing due to a broken bolt latch, the oven is disgusting and all markings for temperature control have been rubbed off so makes cooking a bit of a challenge, the sink tap is leaking and a profuse smell is coming from under the sink because of damp and bacteria, the washing machine stinks and is very soiled, all sinks and drains are blocked with hair and general waste, the security system is inoperable. I could go on and on but that's the crux of it.

    I have emailed the landlord but am still awaiting a reply. My fiancée signed the tenancy agreement and I have never been asked to sign it, however I do appear on it. we have read the inventory but haven't signed it as it only paints half the picture.

    Where do we stand legally with this? Obviously I know the law favours the landlord 10 fold but there must be something to help tenants like us.

    The property may have been like this when we viewed but its very easy to mask these faults.

    The bottom line is I would like to move out tomorrow if I could but am aware there are certain routes I must take. So any help would be great.

    #2
    We can not tell you that you can move out because the default position is that once the tenancy has started, you are tied for the full length of time you agreed.

    If you were to move out and it went to court (you seeking deposit back or LL seeking rest of rent) then a judge would have to decide if your actions were reasonable.

    However, it is Sunday, you can't get answers, you're frustrated. Tomorrow morning, talk to the landlord or agent and see what they are willing to do to put things right. If the agent isn't helpful, then speak to the landlord.

    FWIW, at the end of the tenancy you are only obliged to return the property in the same state as when it was let to you. If you don't have to arrange pro cleaners etc on your last day it will save a lot of hassle and time. I know you wanted a nice clean home but there is a silver lining.

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      #3
      Take LOTS of photos, ideally with a witness.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        You have a move-in inventory & most LAs/LLs allow Ts 7 days for checking if not present at inspecction. So check it carefully, noting any discrepancies/amendments on a copy, sign, date & return, keeping photocopy and original report. This may lead to LL/LA coming around to check your claims. Your amended copy should probvide the baseline for move-out inspection.
        If you do not amend, sign & return within 7 days, you will be deemed to have accepted the orig inspection report.
        Time/date stamped photo's are useful but can only support/refute a written condition report.

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          #5
          I would absolutely insist that the LL or LA come round and view the problems with the property. Do all the things advised above and do not be at all wimpy about it. My daughter is in a similar position, although not as bad; the cooker is broken, the carpet is dirty, the last T's rubbish is in the shed etc. God help the LA on Thursday when I have a WORD with them. Grrrrrr.

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            #6
            Him guys, received an email back from the landlord.

            Basically they have said:

            Oven works so its not getting touched

            Shower worked fine when she lived there so is not getting touched

            Gates have always been non securing, I should have checked them upon viewing and she explained the garden was advertised as enclosed, not secure, however the dictionary defines the very meaning of enclosed as secure. Hmmm...

            Plumber is looking at tap and the flooring is being looked at.

            She also explained that everything I want is an 'upgrade' and not in need of maintenance/repair. I disagree and am not happy. Upgrading is unfortunately the only way to repair these things.

            Where can I go from here? This isn't acceptable.

            I'm afraid to ask to ask to end the tenancy early as I'm sure she won't want to as I've now rustled her feathers about problems she obviously can't see.

            Any help please?

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              #7
              Property is managed by landlord, not letting agent.

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                #8
                Are you paying market rate or a figure below this?

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                  #9
                  I'm paying exactly what was advertised.

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                    #10
                    And is this what you would pay for a similar sized propery?

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                      #11
                      There or there abouts, yes.

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                        #12
                        I am not sure about the legal position but I would be tempted to explore the option of refusing to sign the inventory as it is not what was agreed. However you did sign the contract after viewing and have nothing in writing about any repairs.

                        Others with more legal expertise may have to advise on this approach.

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