New rented house has fleas
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Discussion

BigGingerBob

Original Poster:

2,185 posts

220 months

Wednesday 28th October 2015
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Hello,

Last Friday my girlfriend and I signed a lease to move into a different house. We weren't able to get into the house until 7pm that evening and when we did there were fleas everywhere.
We obviously can't move into this house if it is infested with fleas.
We called the agent on Saturday but we were palmed off with 'you will need to call the property manager' but she was away until Monday. Monday comes, we call her, she is horrified and sends out Rentokil to assess the situation
Fast forward to today, they cannot get hold of the landlord and they need him to consent to paying the rentokil bill before the extermination goes ahead.
Thankfully we are with a flexible landlord so we can stay here for now but we are now paying rent on an uninhabitable property.

Where do we stand with this? By the way things are going we will have paid at least a week and a half rent by the time things have been sorted.
The landlord is legally obliged to provide habitable accommodation but they are speaking as if he can just refuse to pay.
Is there any way of wiggling out of a tenancy agreement?
It is with a countrywide estate agent with red fascia boards if anyone is familiar with the company's contracts.

Many thanks

Derek Smith

49,951 posts

278 months

Wednesday 28th October 2015
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Can't help with the legal side but I had a friend who bought a house from a laid back new age sort of couple with some cats. They moved in and found it infected with fleas.

They got the local council in (different in those days probably) and it was disinfected. They stayed away for a week, for two days with us, and when they returned the place was clear. After a couple of days, their 5 or so years lad woke up with flea bites. Long story short, it took months, literally, to eradicate them.

What happened was that fleas were being brought in from the garden, the path and such. I was told that the eggs lie dormant and then, when moved or it might have been feel vibration, hatch within a few hours. They come in on shoes and such. Other cats thought their garden cat central.




Davel

8,982 posts

288 months

Wednesday 28th October 2015
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Well the house has to be tenantable for you to move in so, I'm not sure but are the fleas enough of an issue to argue that he / she is in breach?

How much do Rentokil want to eradicate the problem? Surely it won't be expensive... ?

I'd tell the Agents that the house is not fit to occupy and that either the Landlord must deal with it or you will on the basis that the Landlord will re-fund you any costs.

Failing that, tell the Agents that the house is not fit to move into and you want the Lease tearing up and any money paid refunding. How much do you want to live in that house?

Maybe worth a call to the local Environmental Health?

Wings

5,970 posts

245 months

Wednesday 28th October 2015
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Davel said:
Well the house has to be tenantable for you to move in so, I'm not sure but are the fleas enough of an issue to argue that he / she is in breach?

How much do Rentokil want to eradicate the problem? Surely it won't be expensive... ?

I'd tell the Agents that the house is not fit to occupy and that either the Landlord must deal with it or you will on the basis that the Landlord will re-fund you any costs.

Failing that, tell the Agents that the house is not fit to move into and you want the Lease tearing up and any money paid refunding. How much do you want to live in that house?
Maybe worth a call to the local Environmental Health?
^^^^, at the start of the tenancy then the landlord is responsible, held accountable for the infestation of flease etc.

As the above poster suggested, contacting one's local environmental health pest control office, will for a small fee bove advise and deal with the infestation, with the OP/tenant paying the initial costs, and claiming off his landlord.

andburg

8,746 posts

199 months

Thursday 29th October 2015
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Not sure if this is legally correct but if its as bad as you say and the landlord is unreacheable before you move in then I'd be demanding my money back and finding somewhere else. The house is not inhabitable if its heavily infested with fleas and the landlord will only get worse.

No matter how good the property itself may be once sorted a bad or unresponsive landlord is a nightmare

Vaud

59,744 posts

185 months

Thursday 29th October 2015
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As noted, start with Environmental Health dept.

hornetrider

63,161 posts

235 months

Thursday 29th October 2015
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Ugh, skank. Even after you move in you'll be paranoid about every itch and scratch. Find somewhere else.

Vaud

59,744 posts

185 months

Thursday 29th October 2015
quotequote all
Wings said:
^^^^, at the start of the tenancy then the landlord is responsible, held accountable for the infestation of flease etc.

As the above poster suggested, contacting one's local environmental health pest control office, will for a small fee bove advise and deal with the infestation, with the OP/tenant paying the initial costs, and claiming off his landlord.
I can't remember the latest but they used to serve an enforcement order on the LL and then recover costs from them.



mikeveal

5,139 posts

280 months

Thursday 29th October 2015
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I had 'em on the carpets when I moved into my place 15 years ago. Previous owners had cats.
I bought some powder to dust the carpets with, left it 48 hours and hoovered up the dust. Cost a few tens of pounds to do the entire house and was only a small amount of inconvenience. All sorted, no biggy.

Autopilot

1,340 posts

214 months

Thursday 29th October 2015
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In defence of the landlord, it's only 'today' that anybody has attempted to notify him of the problem. The agent acts on his behalf so are required to get his approval to spend money etc as he may have his own contacts or deal with something himself. It probably isn't really a case of that he can just 'refuse to pay', it's about consent.

Any reasonable person will have no objection to getting the issue sorted as soon as they've been made aware and I'm sure that most would make the relevant deductions for the time you haven't been in the property.

It's funny that the OP couldn't get in until 7pm on a Friday. I assume the lateness was so that the Agent could ensure the previous tenants were out and ensure the property was clean, inhabitable and ready to move in to, not full of fleas etc?

While people are quick to start saying how the landlord is responsible (yes he is completely accountable), but I'd be rather annoyed if I were him if a previous tenant left the place in an inhabitable condition and the agent didn't check the condition of the property and have it cleaned. It's hardly his fault is it. If I were him, I'd ensure the OP didn't pay a penny for this annoyance and I'd be damned sure I didn't lose out either.



Edited by Autopilot on Thursday 29th October 09:20

superlightr

12,920 posts

293 months

Thursday 29th October 2015
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Pay for it yourself, claim back from the landlord. get a letter from the fumigation co to confirm fleas were there and ask the agent to visit as well.

You may well need a number of treatments if infestation is bad. Make sure they spray all areas including if there are any wooden floor boards (in between) as well as carpets.

Not pleasant. I run a letting agency business. The LA may not have noticed fleas if they did a quick inspection after the old tenants left bearing in mind they are unlikely to have any bare skin showing below neck height ! We dont sit on the floor of each room with our bare feet out waiting to see if a flea jumps onto us.

But the issues is the lack of speed in resolving this for you. It can be resolved quickly ish but you may well need to organise it to get it done quickly.

ali_kat

32,155 posts

251 months

Thursday 29th October 2015
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Autopilot said:
In defence of the landlord, it's only 'today' that anybody has attempted to notify him of the problem. The agent acts on his behalf so are required to get his approval to spend money etc as he may have his own contacts or deal with something himself. It probably isn't really a case of that he can just 'refuse to pay', it's about consent.

Any reasonable person will have no objection to getting the issue sorted as soon as they've been made aware and I'm sure that most would make the relevant deductions for the time you haven't been in the property.

It's funny that the OP couldn't get in until 7pm on a Friday. I assume the lateness was so that the Agent could ensure the previous tenants were out and ensure the property was clean, inhabitable and ready to move in to, not full of fleas etc?

While people are quick to start saying how the landlord is responsible (yes he is completely accountable), but I'd be rather annoyed if I were him if a previous tenant left the place in an inhabitable condition and the agent didn't check the condition of the property and have it cleaned. It's hardly his fault is it. If I were him, I'd ensure the OP didn't pay a penny for this annoyance and I'd be damned sure I didn't lose out either.
This.

The LL pays the LA to ensure that their property is well maintained and cleaned by the Tenants throughout time they are there (that why there are 1/4ly checks) and at the end of the Tenancy.

IF the previous Tenants have left it uninhabitable, then paying for it to be made good should come out of their deposit. If the LA have already let them have that back, then the LA is at fault for not checking the property, not the LL

matty g

272 posts

228 months

Friday 30th October 2015
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Itll be easier and quicker to just pop to a local vets and grab a can of Indorex or acclaim and spray. Give the house a good hoover and then spray away

Davel

8,982 posts

288 months

Friday 30th October 2015
quotequote all
That's a great idea and before you move everything in.

The Landlord should either delay the commencement of the lease or agree some gesture for the inconvenience and for you dealing with the matter yourself.

Wings

5,970 posts

245 months

Friday 30th October 2015
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ali_kat said:
This.

The LL pays the LA to ensure that their property is well maintained and cleaned by the Tenants throughout time they are there (that why there are 1/4ly checks) and at the end of the Tenancy.

IF the previous Tenants have left it uninhabitable, then paying for it to be made good should come out of their deposit. If the LA have already let them have that back, then the LA is at fault for not checking the property, not the LL
There can be very often a gap between the departing tenant/s and the new tenant/s taking up residence, with the former already receiving refund of their deposit.

Only ever had one complaint from tenants of fleas, that was through a previous tenant, both in breach of the tenancy agreement and unbeknown to me, having two cats in the property. Local Council's pest control dealt with the issue, cost being nominal and not worth raising one's head above the parapet over.

In the OP's case I am very surprise the agent has not got on and dealt with the issue, why delay and cause ill feeling?




bobtail4x4

4,434 posts

139 months

Monday 2nd November 2015
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a bug bomb in each room, will sort it,

BigGingerBob

Original Poster:

2,185 posts

220 months

Tuesday 3rd November 2015
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Good afternoon,

Time for an update.
After 11 days of not being able to move into our new house the landlord has requested that we surrender the tenancy and we will get the first months rent and our deposit back.
We are pissed off as you can probably understand, we have been really messed around.
If we were to surrender the tenancy I want the 480 pounds of 'admin' fees we paid the estate agent. Is this something we should get off the agent or landlord.
We havent replied yet!

andburg

8,746 posts

199 months

Wednesday 4th November 2015
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I don't think the agent will want to stump that lot up and I don't think he should, he's done nothing wrong but I don't think the Landlord will want to pay that back.

Reality.. I expect the Agent will offer to locate you another property and wave the fees on that one.

Vaud

59,744 posts

185 months

Wednesday 4th November 2015
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BigGingerBob said:
Good afternoon,

Time for an update.
After 11 days of not being able to move into our new house the landlord has requested that we surrender the tenancy and we will get the first months rent and our deposit back.
We are pissed off as you can probably understand, we have been really messed around.
If we were to surrender the tenancy I want the 480 pounds of 'admin' fees we paid the estate agent. Is this something we should get off the agent or landlord.
We havent replied yet!
Your contract is with the agent. If they have an issue then they can recover their costs from the Landlord. IANAL.

BigGingerBob

Original Poster:

2,185 posts

220 months

Wednesday 4th November 2015
quotequote all
As far as I see it, they 'sold' us an uninhabitable property to live in, not to mention leaving us potentially homeless.
We should not be out of pocket due to their incompetence and the fact they obviously didn't go in the property do do an inspection / inventory.