Friend with tenancy agreement issue
Discussion
Shelter. https://england.shelter.org.uk/housing_advice/priv...
Best place for free housing advice (from a tenants point of view)
Best place for free housing advice (from a tenants point of view)
Edited by Vanordinaire on Wednesday 14th November 12:36
I would guess that the level of snagging is a question:-
If the roof I missing she may have a case, if the grass needs a cut her argument to cancel a contract is less watertight.
Both parties have signed a legally binding contract. She cannot just pull out if the snagging is superficial.
In my opinion.
If the roof I missing she may have a case, if the grass needs a cut her argument to cancel a contract is less watertight.
Both parties have signed a legally binding contract. She cannot just pull out if the snagging is superficial.
In my opinion.
rykard said:
Hi,
I have a friend who is having issues with her letting agency. Is there anywhere she can go to get some free advice?
They are saying as she has signed the agreement she can't pull out, but she is not able to move in yet as there are loads of snagging issues.
cheers
Rich
as others have said - what are the issues?I have a friend who is having issues with her letting agency. Is there anywhere she can go to get some free advice?
They are saying as she has signed the agreement she can't pull out, but she is not able to move in yet as there are loads of snagging issues.
cheers
Rich
There is a massive difference between don't wish to move in and can't move in.
rykard said:
it was a new build flat, that was supposed to be ready about a month ago, but there is stuff not done and the builders have left crap everywhere. She is getting very stressed over it.
Again that's not going to give anyone here any help to give you a decent answer. What exactly is wrong with the property? does the kitchen, bathroom work, are there leaks, or has it not been cleaned?
Edited by superlightr on Friday 16th November 07:59
rykard said:
As far as I know there is unfinished work, the builders have poured something down the toilet and almost blocked it and there are splashes(coffee?) up some of the walls ..
There were supposedly sorting it 2-3 weeks ago, but nothing has been done yet.
I doubt an almost blocked toilet and a coffee mark are grounds for cancelling the agreement.There were supposedly sorting it 2-3 weeks ago, but nothing has been done yet.
As it was almost blocked it actually wasn't. So her grounds for rejection, based on the information provided is a coffee stain?
Snowflake springs to mind
superlightr said:
Again that's not going to give anyone here any help to give you a decent answer. What exactly is wrong with the property?
does the kitchen, bathroom work, are there leaks, or has it not been cleaned?
^^^agree with the above, although there is no consumer protection for the tenant, once a tenancy agreement is signed there is no get out clause from the same for the tenant, the rental property however must be fit for purpose.does the kitchen, bathroom work, are there leaks, or has it not been cleaned?
Edited by superlightr on Friday 16th November 07:59
Local council authorities (see my previous post) may carry out assessments of property which they consider to be unfit for occupation, hazardous etc. etc.. Landlords can be subject to enforcement action, since there is a statutory obligation under Section 11 of the Landlord and Tenant Act 1985.In addition, a Tenant who complains to the local authority about repairs may be able to defend a section 21 notice if the local authority serves a formal enforcement notice requiring the Landlord to carry out works.
It is imperative that your friend either contacts the local council's private housing and/or the environmental health department, or a local solicitor.
As an after thought, if the person's Deposit has been protected under the Tenancy Deposit Scheme, then it might be worth contacting that the same for further advice, help etc.
Wings said:
superlightr said:
Again that's not going to give anyone here any help to give you a decent answer. What exactly is wrong with the property?
does the kitchen, bathroom work, are there leaks, or has it not been cleaned?
^^^agree with the above, although there is no consumer protection for the tenant, once a tenancy agreement is signed there is no get out clause from the same for the tenant, the rental property however must be fit for purpose.does the kitchen, bathroom work, are there leaks, or has it not been cleaned?
Edited by superlightr on Friday 16th November 07:59
Local council authorities (see my previous post) may carry out assessments of property which they consider to be unfit for occupation, hazardous etc. etc.. Landlords can be subject to enforcement action, since there is a statutory obligation under Section 11 of the Landlord and Tenant Act 1985.In addition, a Tenant who complains to the local authority about repairs may be able to defend a section 21 notice if the local authority serves a formal enforcement notice requiring the Landlord to carry out works.
It is imperative that your friend either contacts the local council's private housing and/or the environmental health department, or a local solicitor.
As an after thought, if the person's Deposit has been protected under the Tenancy Deposit Scheme, then it might be worth contacting that the same for further advice, help etc.
A builder dropped a log down the toilet and "almost" blocked it and there is a coffee stain on the wall.
rykard said:
As far as I know there is unfinished work, the builders have poured something down the toilet and almost blocked it and there are splashes(coffee?) up some of the walls ..
There were supposedly sorting it 2-3 weeks ago, but nothing has been done yet.
Something in the toilet and a few coffee splashes up the walls doesn't make it uninhabitable. If she's trying to use these as excuses not to do as she has agreed to (i.e. signed the tenancy agreement) then she has a nasty awakening ahead of her. There were supposedly sorting it 2-3 weeks ago, but nothing has been done yet.
A sensible tenant (as that is what she is - a tenant) would negotiate with the agency/landlord, get the problems resolved as soon as possible after she has moved in and there would be a good working relationship for the rest of her time there. A foolish tenant will throw her toys out of the pram, make a big fuss over what is almost nothing and find she has lost a LOT of money for her troubles.
Shelter is a great source of tenancy advice. However I'd avoid local authority private tenancy advice teams as I have seen too much bad and biased advice given by them.
New build? Any outstanding defects fall under the contract between the builder and her landlord. She is not a party, and has no right to interfere. The landlord is legally entitled to tell the builder not to bother with the snagging.
Unless these particular snags are explicitly listed in her tenancy agreement to be fixed before she moves in then she is paying the rent whether she lives there or not. Tenants have the whip hand over landlord's under the tenancy rules, but not paying rent because of a coffee stain is not one of them.
Unless these particular snags are explicitly listed in her tenancy agreement to be fixed before she moves in then she is paying the rent whether she lives there or not. Tenants have the whip hand over landlord's under the tenancy rules, but not paying rent because of a coffee stain is not one of them.
Ok..
Im assuming said snowflake has signed the agreement/contract to rent the place?
At the moment you state there is nothing bar it being a little dirty, yet its sounds like she has refused to move in for a month due to the gates of hell opening in the property...
We moved into ours... it stated in the contract (I amended) that we require:
All lights working
Some furniture removed
Professional clean
Leaks fixed.
Painting
fixing plaster.
The deadline was 3 weeks from signing and if in particular the professional clean was not done then no professional clean would be completed at the end of the tenancy, if the others were not done, whilst annoying we could cope with the contracts fixing them after we moved in.
Now the above is normal... there is nothing there to refuse to move in, etc... What does the OPs friend suggest is the reason they cant move in to theirs?
Im assuming said snowflake has signed the agreement/contract to rent the place?
At the moment you state there is nothing bar it being a little dirty, yet its sounds like she has refused to move in for a month due to the gates of hell opening in the property...
We moved into ours... it stated in the contract (I amended) that we require:
All lights working
Some furniture removed
Professional clean
Leaks fixed.
Painting
fixing plaster.
The deadline was 3 weeks from signing and if in particular the professional clean was not done then no professional clean would be completed at the end of the tenancy, if the others were not done, whilst annoying we could cope with the contracts fixing them after we moved in.
Now the above is normal... there is nothing there to refuse to move in, etc... What does the OPs friend suggest is the reason they cant move in to theirs?
Edited by Du1point8 on Friday 16th November 15:11
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