Advice needed regarding tenancy and landlord dispute
Discussion
Hi I hope someone might be able to provide some advice - I've tried contacting the local Citizens Advice Bureau but all lines were busy up until lines closed at 4pm! Sorry for the long post, but thought I'd get all the detail in here.
I've been renting a small unfurnished flat since October 2008 via an agency, with the tenancy agreement being renewed every 6 months. The flat comes supplied with white goods that appear on the inventory list.
This year has been a bit of a nightmare though! The Agency has authority to complete small repairs when needed without the landlord's written permission, but has always chosen to consult the landlord first. The landlord is also very slow to respond to any form of contact from the Agent (sometimes 2weeks+). I have no contact with the landlord at all.
No fridge from 23/8/10 to 16/11/2010
The fridge broke and an engineer who visited in early September said it could not be repaired and that a like for like replacement would cost c.£900. Th landlord wished to find a cheaper price for the item so did not allow the Agent to order the fridge.
No temporary fridge was provided for this whole period the Agent simply suggested using a cool bag! Compensation for the inconvenience and goods lost was refused by the landlord and Agent.
Forced to move out of flat for bathroom repairs 11/10/2010 to 14/11/2010
The bathroom was refitted before I moved in due to water damage to the underfloor due to cracked floor tiles. I reported that the bathroom needed a shower screen to prevent the same happening again. A smell of damp developed in mid 2009.
Bathroom was inspected for the first time by the landlord and Agent in February 2010 and it was noted then that the repairs carried out by the Agent's handyman in October 2008 were not up to the landlord's standard and that the bathroom required work to repair the floor again and replace incorrect tiling completed in 2008. It took eight months to initiate the work as "they couldn't find the tiles they wished to fit".
The work was expected to take less than 2 weeks, but took far longer. While the work was being completed there were three weeks without running water, no loo or sink fitted and no access to the kitchen as the loo and sink were placed in there for storage. The bathroom could still not be accessed for another week while the floor was being laid and the walls and door painted.
During this time, my commute to work was doubled, but luckily I could stay with my parents. No alternative accommodation was ever offered by the Agent.
No living room blinds 6/9/2010 to 13/12/2010
The existing blinds fell apart and needed replacing. We asked the Agent if the landlord could look for curtains that suited the room instead of the tatty looking roller blinds, but received no response to this.
According to the Agent the landlord initially refused to allow the Agent to purchase these as he wished to acquire them for a cheaper price. The Agent was told that the delay in ordering them was due to the landlord losing the measurements three times, and then that the items were out of stock for a short time. Turns out they had never been ordered, and the handyman eventually ordered the requested blinds himself. The two blinds are approximately £12 each from Argos.
During this time the living room could be looked from the flat block's car park. So I had to shy away from the windows!
The Agent agreed with me that I should not have to pay for the period where I could not live there, and maybe not even the council tax, and understood that I would not be paying 1 month's rent and was happy to confirm this with the landlord. All seemed done and dusted, with the landlord maintaining his refusal to pay for any compensation for the period without the fridge/blinds. However now I hear that he is still expecting that month's rent and will serve 2 months notice if I do not pay it immediately. The Agent has tonight informed me that they will absolutely refuse to cover the rent if the landlord tries to recover it from them, despite it being their workman that took twice as long as expected to complete the work, and one of their workman that did the unsatisfactory repairs in 2008.
Furthermore the renewal was due while I was not living there, with one detail change to add my girlfriend onto the lease. The renewal fee of £75 was to be waived if I agreed not to seek contribution towards the Council Tax for the month that I was not able to live there. The renewal hasn't yet been signed due to the latter not being agreed until most recently.
Written far too much, sorry! I'd really appreciate any advice you could give though
I've been renting a small unfurnished flat since October 2008 via an agency, with the tenancy agreement being renewed every 6 months. The flat comes supplied with white goods that appear on the inventory list.
This year has been a bit of a nightmare though! The Agency has authority to complete small repairs when needed without the landlord's written permission, but has always chosen to consult the landlord first. The landlord is also very slow to respond to any form of contact from the Agent (sometimes 2weeks+). I have no contact with the landlord at all.
No fridge from 23/8/10 to 16/11/2010
The fridge broke and an engineer who visited in early September said it could not be repaired and that a like for like replacement would cost c.£900. Th landlord wished to find a cheaper price for the item so did not allow the Agent to order the fridge.
No temporary fridge was provided for this whole period the Agent simply suggested using a cool bag! Compensation for the inconvenience and goods lost was refused by the landlord and Agent.
Forced to move out of flat for bathroom repairs 11/10/2010 to 14/11/2010
The bathroom was refitted before I moved in due to water damage to the underfloor due to cracked floor tiles. I reported that the bathroom needed a shower screen to prevent the same happening again. A smell of damp developed in mid 2009.
Bathroom was inspected for the first time by the landlord and Agent in February 2010 and it was noted then that the repairs carried out by the Agent's handyman in October 2008 were not up to the landlord's standard and that the bathroom required work to repair the floor again and replace incorrect tiling completed in 2008. It took eight months to initiate the work as "they couldn't find the tiles they wished to fit".
The work was expected to take less than 2 weeks, but took far longer. While the work was being completed there were three weeks without running water, no loo or sink fitted and no access to the kitchen as the loo and sink were placed in there for storage. The bathroom could still not be accessed for another week while the floor was being laid and the walls and door painted.
During this time, my commute to work was doubled, but luckily I could stay with my parents. No alternative accommodation was ever offered by the Agent.
No living room blinds 6/9/2010 to 13/12/2010
The existing blinds fell apart and needed replacing. We asked the Agent if the landlord could look for curtains that suited the room instead of the tatty looking roller blinds, but received no response to this.
According to the Agent the landlord initially refused to allow the Agent to purchase these as he wished to acquire them for a cheaper price. The Agent was told that the delay in ordering them was due to the landlord losing the measurements three times, and then that the items were out of stock for a short time. Turns out they had never been ordered, and the handyman eventually ordered the requested blinds himself. The two blinds are approximately £12 each from Argos.
During this time the living room could be looked from the flat block's car park. So I had to shy away from the windows!
The Agent agreed with me that I should not have to pay for the period where I could not live there, and maybe not even the council tax, and understood that I would not be paying 1 month's rent and was happy to confirm this with the landlord. All seemed done and dusted, with the landlord maintaining his refusal to pay for any compensation for the period without the fridge/blinds. However now I hear that he is still expecting that month's rent and will serve 2 months notice if I do not pay it immediately. The Agent has tonight informed me that they will absolutely refuse to cover the rent if the landlord tries to recover it from them, despite it being their workman that took twice as long as expected to complete the work, and one of their workman that did the unsatisfactory repairs in 2008.
Furthermore the renewal was due while I was not living there, with one detail change to add my girlfriend onto the lease. The renewal fee of £75 was to be waived if I agreed not to seek contribution towards the Council Tax for the month that I was not able to live there. The renewal hasn't yet been signed due to the latter not being agreed until most recently.
Written far too much, sorry! I'd really appreciate any advice you could give though
johnny-b said:
Landlord sounds a real scumbag, find somewhere else to live job done.
Yes indeed, but I don't want him able to claim a month's rent from the deposit though! I also have lots of free car parking here which I haven't been able to find at similar priced flats in the local area.Has your agent secured the deposit with Deposit Protection Scheme or an insurance scheme. Sounds like the type who wouldn't. You would know of he has done the right thing as he would have served a prescribed notice. If he hasn't then his 2 month notice has no effect and can't be enforced Google DPS for detail.
If he has then it's either the small claims court or give notice and stop paying for a period to cover what he owes and vacate. Though this may affect references etc and is the route of last resort.
If he has then it's either the small claims court or give notice and stop paying for a period to cover what he owes and vacate. Though this may affect references etc and is the route of last resort.
Sounds like a very messy situation.
Where to start????
The fridge issue would be breach of contract.
The shower room issue is breach of the Housing Act.
The blinds are, well, just an annoyance. But, if they are on the inventory and have been removed by the LL (or Agent) then it's breach of contract again.
If your deposit is not held in any of the three Deposit Protection Schemes then you can claim up to three times the value of the deposit off the LL.
If the deposit is held in any of the DPS schemes then you can dispute any deductions made by the LL.
The Agent either doesn't know anything about domestic tenancy or trying it on.
I'd find somewhere else. The non-signed tenancy may prove to be another problem. If your existing tenancy has expired then you will have automatically reverted to a Periodic Tenancy which will require one-months notice to quit.
There are plenty of good LLs and flats to let. Free parking isn't worth not being able to wee or poo at home!
ETA: Sounds like you'll need to visit CAB in person or go see a lawyer.
Where to start????
The fridge issue would be breach of contract.
The shower room issue is breach of the Housing Act.
The blinds are, well, just an annoyance. But, if they are on the inventory and have been removed by the LL (or Agent) then it's breach of contract again.
If your deposit is not held in any of the three Deposit Protection Schemes then you can claim up to three times the value of the deposit off the LL.
If the deposit is held in any of the DPS schemes then you can dispute any deductions made by the LL.
The Agent either doesn't know anything about domestic tenancy or trying it on.
I'd find somewhere else. The non-signed tenancy may prove to be another problem. If your existing tenancy has expired then you will have automatically reverted to a Periodic Tenancy which will require one-months notice to quit.
There are plenty of good LLs and flats to let. Free parking isn't worth not being able to wee or poo at home!
ETA: Sounds like you'll need to visit CAB in person or go see a lawyer.
Edited by mk1fan on Wednesday 15th December 23:30
Hi, thanks for the info so far.
I got a letter in October 2009, one year after moving in to say the deposit had been received by DPS.
In June 2010 I received a letter from a separate company, mydeposits.co.uk, that the Agent appointed by the landlord was no longer a member of their scheme and therefore my deposit was no longer protected by them.
Re. The fridge, apparently it was this expensive due to being an odd size - quite narrow for the fitted kitchen. I told them we'd be happy with any fridge at all, but the landlord wouldn't order anything else.
The rent is currently £825 but was originally £840. It was reduced after 18 months when I pointed out identical flats in the block advertised for less, and that my neighbours were only paying 795.
The landlord had refused to drop it after 6 months and after 12 months as on both occasions he said the new windows had just been paid for. But I found out from the window company that they only invoiced for them in May/June 2010. I hadn't mentioned the windows - basically they were rotten, leaking and mouldy and I was assured they would be replaced by Feb 2009, but it took until April 2010 to happen!
I got a letter in October 2009, one year after moving in to say the deposit had been received by DPS.
In June 2010 I received a letter from a separate company, mydeposits.co.uk, that the Agent appointed by the landlord was no longer a member of their scheme and therefore my deposit was no longer protected by them.
Re. The fridge, apparently it was this expensive due to being an odd size - quite narrow for the fitted kitchen. I told them we'd be happy with any fridge at all, but the landlord wouldn't order anything else.
The rent is currently £825 but was originally £840. It was reduced after 18 months when I pointed out identical flats in the block advertised for less, and that my neighbours were only paying 795.
The landlord had refused to drop it after 6 months and after 12 months as on both occasions he said the new windows had just been paid for. But I found out from the window company that they only invoiced for them in May/June 2010. I hadn't mentioned the windows - basically they were rotten, leaking and mouldy and I was assured they would be replaced by Feb 2009, but it took until April 2010 to happen!
LoftyD said:
johnny-b said:
Landlord sounds a real scumbag, find somewhere else to live job done.
Yes indeed, but I don't want him able to claim a month's rent from the deposit though! I also have lots of free car parking here which I haven't been able to find at similar priced flats in the local area.Are you happy or not. If your happy, stay. If your not, move, and pay more, and sacrifice parking.
I take it your deposit is protected through the DPS……
As a Landlord myself I would agree that your Landlord is being a complete git.
However I was also a tenant recently and just wanted to warn you that whilst your deposit is sitting with the DPS it doesn't necessarily mean its "protected" from unscrupulous landlords.
It took me 6 months to get my deposit back from the DPS after it was disputed by an unscrupulous landlord and I had to pull together 20 pages of evidence and photos and a report from the landlords appointed inspection company stating that the property was in better condition now than when I moved in.
So yes whilst I eventually got it back I had 6 months of form filling, evidence compiling and general hassle to put up with and it was still a close run thing.
However I was also a tenant recently and just wanted to warn you that whilst your deposit is sitting with the DPS it doesn't necessarily mean its "protected" from unscrupulous landlords.
It took me 6 months to get my deposit back from the DPS after it was disputed by an unscrupulous landlord and I had to pull together 20 pages of evidence and photos and a report from the landlords appointed inspection company stating that the property was in better condition now than when I moved in.
So yes whilst I eventually got it back I had 6 months of form filling, evidence compiling and general hassle to put up with and it was still a close run thing.
We'd like to stay there, especially as the flat finally feels like it's complete now.
Deposit is secured with DPS.
We don't want to pay for the month we could not live there though, and if evicted (or agree to depart) do not want the landlord to try and claim a month's rent from the deposit.
Deposit is secured with DPS.
We don't want to pay for the month we could not live there though, and if evicted (or agree to depart) do not want the landlord to try and claim a month's rent from the deposit.
If you were forced to leave the property to allow for repairs to be carried out then you shouldn't have a, paid rent and b, been compensated for the loss of paying for alternative accomodation.
As I said before go to the CAB and get some advice, if they can't help then go see a solicitor - there are plenty of drop in law centres that can help if payment is an issue.
Make sure you are up to date with the rent.
Tell the Agent today that you are seeking legal advice regarding the issues that you've had and the lack of performance by them and the Landlord. Then go and get the legal advice.
This forum is not the place to seek it.
ETA: If it were me I'd be starting at claining a lot more than a months rent. Noo fridge for nearly three months, evicted for a month, no curtains for three months. I'd be claiming at least three months plus additional costs incurred due to the eviction. It's a better (and Justifiable) startig point for negociation.
As I said before go to the CAB and get some advice, if they can't help then go see a solicitor - there are plenty of drop in law centres that can help if payment is an issue.
Make sure you are up to date with the rent.
Tell the Agent today that you are seeking legal advice regarding the issues that you've had and the lack of performance by them and the Landlord. Then go and get the legal advice.
This forum is not the place to seek it.
ETA: If it were me I'd be starting at claining a lot more than a months rent. Noo fridge for nearly three months, evicted for a month, no curtains for three months. I'd be claiming at least three months plus additional costs incurred due to the eviction. It's a better (and Justifiable) startig point for negociation.
Edited by mk1fan on Thursday 16th December 11:06
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