Nightmare experience.

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    Nightmare experience.

    Hello everyone, my first post. Here's a little backstory.

    We moved into a property 7 months ago, after our last rented accommodation was condemned 2 months after moving in. We had a baby due in 4 weeks so we took a house we could move into ASAP.

    The estate agent commented we wouldn't want it. It was filthy, mouldy food in oven drawer, broken or grubby furniture, even though stated property would be unfurnished. The garden was awful, overgrown, broken glass, bricks, wall hanging down. The walls in the house had been painted with matt and silk paint etc. This is all mentioned in the inventory.

    Various other problems have occurred during the last few months, 3 months LL tells us they're selling property after they say its fine we redecorated whole house & garden (which we were told they are happy we did & even son commented what a professional job and how much better it looked). EA says we can give 1 month notice then changing mind after we paid £500 deposit on a new property,saying we have to pay 2 months rent, so we have to pay rent on two properties now. Then get told they aren't selling after it was on the market for a while & they're just hoping to rent it for more after we leave, now that we have decorated. They said they are professionals so no way will they let us give 1 month notice and we said we'd be homeless because we don't have enough money, they answered no they are professionals. Which I understand, is correct but not very compassionate & I've read many instances of LL being compassionate. The homeless shelter advised us just to refuse to leave so the LL has to get an order but we didn't want that. So were selling all of our possessions so we can afford this, even though it wasn't our mistake. They told us originally one month was fine. My mum is a LL herself with a few properties, so has been helping understand some of rules etc but unclear on some parts.

    1) We were told by EA they would remove all furniture, we told them both time we viewed property. EA then said we never mentioned it, then landlord said we could dispose of all the furniture (all broken or filthy) now they are saying they didn't say that at all & they want all the furniture back or money from our deposit. Can we do anything?

    2) The garden was vile and unsafe. We were told we could do anything with the garden. So my partner & dad who are professional landscapers, started to fix the the garden (removing broken boarders, broken trough fixed on wall, smashed glass,random spikes coming through ground). Now LL are saying they want us to flatten the garden, de weed and put replacement BBQ and garden furniture. The garden wasn't flat, it was full of weeds, BBQ was rusted wrapped around vines, furniture was broken with 1 leg. Do we have to de-weed can't we just leave it in the condition it was before ( even though thats not possible because it looks so much better)

    3) Our pipes burst, the EA maintenance man repaired it but now the lino has got black patches due to damp. When we moved in, the fridge cut a piece of the lino but my brother who has own building company repaired nick to a professional standard. Now they are saying we have to buy new lino for the kitchen, but its ruined by damp anyway. Surely they would have to replace it anyway, why charge us?

    4) Our kitchen cupboards are mouldy from the burst pipes. Our kitchen smells like mould, if we put food in the cupboards it goes mouldy. Our babies plastic bowls, flour etc grows mould. The smell of mould is on our plates & glasses. The EA & LL know about this, they say they don't want to cause us hassle of fixing it whilst we still live in. Surely this isn't right or fair? We clean regularly with disinfectant etc. They left us waiting ages until anyone came out.

    5) Our babies bedroom has a boiler in it, the boiler was leaking someone came out, but now EA says we should repaint the room because the boiler leak has paint the fall off the wall. Is this our responsibility?

    The EA went round the house saying we have to clean to high standard, de weed, re paint, then pointed out defects that existed when we moved in saying we will have to pay for them. Can't we leave it in the condition we found it? Although not possible, because we have improved the standard.

    Sorry for the very long post everyone, just at wits end. Any help would be very much appreciated.

    #2
    If there is an Inventory (agreed and signed by all parties) that clearly shows items in a poor state when you moved in, then you do not have to do anything to improve the situation when you move out. You ask "Can't we leave it in the condition we found it?" and the answer is "Absolutely, yes, you can and should."

    However, if you have made changes from the original state of the property, then you should ensure the approval for making these changes is communicated to you in writing. You obviously consider the changes made to be improvements - but this can be subjective.

    Comment


      #3
      TBH before & after condition is seperate to Notice period. Presumably you knew condition before signing and have recourse to move in inventory.

      You don't mention start date of T or duration of fixed term.
      If still in fixed term, T cannot serve NTQ and LL can request any period to consider offer of early surrender. 2 months is often indicated in AST.
      If now Periodic T after end of fixed term, then T Notice period is set in Statute ie min 1 clear month that must expire at end of tenancy month (normally day before AST stated rent due date)

      Provide dates for start of T
      Duration of fixed term, any fixed term end date specified.
      Frequency of rent due acc to AST
      Date you gave Notice and method.
      Thanx
      LL/LA can only insist on 2 months Notice if a Contractual Periodic Tenancy.

      Provide

      Comment

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