New tenant arrives to find horrific conditions - help?!

[urban66]

Hi,

My fiancee moved to Cardiff today, went to her agent and collected keys etc and then went to her new let. When she last saw it the previous residents were still in situ with furniture, the property looked fine at that time and commitments were made that the property would be clean and fit for her occupation.

Arriving today, with the previous tenants now vacated, she has discovered the property in a serious state, moulding carpets, rat droppings, advanced damp and more.

She has contacted both the landlord and agency to complain and withdraw from the contract, they have both refused to assist her or make reasonable compensation. She has not moved in and thus not taken full possesion.

I've researched and it seems to me under a number of acts covering tenancy and defective premises act 1972, that she should have every right to refuse to occupy and demand to cancel / refund of deposit. However I am no expert... any help/advice you guys can give I can pass on to her would be most welcome!

Thanks

[pcwilkins]

The question is, were those problems present when she looked round the property before? If so, why didn't she notice them? Surely "moulding carpets" and "advanced damp" should be visible?

The fact is that she looked round the property and agreed to rent it. I think she will find it hard to wriggle out of the contract now. After all, what if it was the other way round? What if LL decided "Actually, I don't like this tenant" and asked her to leave?

Unless the property is unfit for habitation --- and it doesn't sound like it is --- she is probably stuck there. Next time she should examine the property more carefully.

Peter

[Bel]

Hi,

My fiancee moved to Cardiff today, went to her agent and collected keys etc and then went to her new let. When she last saw it the previous residents were still in situ with furniture, the property looked fine at that time and commitments were made that the property would be clean and fit for her occupation.

Arriving today, with the previous tenants now vacated, she has discovered the property in a serious state, moulding carpets, rat droppings, advanced damp and more.

She has contacted both the landlord and agency to complain and withdraw from the contract, they have both refused to assist her or make reasonable compensation. She has not moved in and thus not taken full possesion.

I've researched and it seems to me under a number of acts covering tenancy and defective premises act 1972, that she should have every right to refuse to occupy and demand to cancel / refund of deposit. However I am no expert... any help/advice you guys can give I can pass on to her would be most welcome!

Thanks

If the flat is not fit for human habitation you do not have to take the property. Say that you are going to get legal advice so they know you mean business and say you are going to get the property assessed by the Local Authority. They may cave in before you need to.

Suggest you get your local authority tenancy relations officer/environmental health to assess the flat asap. Rats droppings and damp are a hazard to human health and I would not set foot in there myself.

If you were promised the flat in a clean state and it's not; then that is a breach of the Trades Descriptions Act. A job for local authority Trading Standards to persue against the agent.

[Grange]

Nobody has to live in a 'damp' house. Whatever 'damp' means...

And nobody has to share their house with Roland Rat.

Get on to the Council's Environmental Health department.

[Colincbayley]

And nobody has to share their house with Roland Rat.

Other than Kevin.