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    • ollyole
    • By ollyole 4th Oct 17, 11:30 AM
    • 14Posts
    • 4Thanks
    ollyole
    Compensation for issues when moving into a rental
    • #1
    • 4th Oct 17, 11:30 AM
    Compensation for issues when moving into a rental 4th Oct 17 at 11:30 AM
    Hi there,

    I moved into rented accommodation last week (6 days ago), on entry to the property I was met with the following;

    1) Broken boiler (fixed after 5 days)
    2) Broken window hinge, resulting in a large draft (still not fixed)
    3) Washing machine broken (fixed after 5 days)
    4) Leaking wash basins (still not fixed)
    5) No carpet in hallway (fitted after 5 days)
    6) Broken garage door handle (fixed after 5 days)
    7) Broken extractor fan in bathroom (fixed after 5 days)
    8) 2 Gas hobs not working (fixed after 2 days)

    I logged an official compliant with the letting agency which I expect to hear back from tomorrow. I was wondering what kind of compensation I should ask for?

    Regards,

    Olly
Page 2
    • theartfullodger
    • By theartfullodger 4th Oct 17, 12:55 PM
    • 8,973 Posts
    • 11,846 Thanks
    theartfullodger
    You are entitled to whatever your financial losses have been. What are they (list please..) and how would you price them please?
    • ollyole
    • By ollyole 4th Oct 17, 12:56 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    You asked what compensation you should ask for.

    Not ‘should I ask for compensation?’

    The logical conclusion being that you had already decided you were due some level of compensation.

    A slight modification of language can produce very different results.

    As for my comment that you quoted, I do love millennials. If you are not a millennial then that is also fine.

    Some millennials have a sense of entitlement, just like individuals from other generations. I don’t know whether it is more or less prevalent with millennials because I haven’t done any research. But regardless, I stil love millennials.
    Originally posted by mrginge
    The phrasing was purely down to reading other threads which say things like 'claim back incurred expenses that have resulted from these problems'.

    As for your suggestion that a whole generation may or may not be 'entitled', google it and see which newspaper puts out such nonsense.
    • LEJC
    • By LEJC 4th Oct 17, 12:57 PM
    • 9,198 Posts
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    LEJC
    I think the boiler is significant here, and surely should have been picked up on a gas check?
    Originally posted by Wyndham
    That is not always the case...a CP12 gas safety certificate needs to be provided on an annual basis...so in theory it could be 11 months since the boiler was last inspected and still have a current certification.

    As with all boilers if they are not run regularly issues can occur...it may be that the property had a void period between tenants and as such hadn't been used for a while.

    With regard to refunds or compensation,you do need to be realistic and perhaps even apply the situation that as a homeowner would you be able to get the problem sorted any quicker.

    Being a tenant doesnt automatically entitle you to preferential treatment or fast track when it comes to repairs.
    Many homeowners face similar waiting times for plumbers/heating engineers and parts etc.

    The OP hasnt disclosed what the problem with the boiler was but in fairness to those involved having to deal with a managing agent a LL and a heating engineer all in the space of 5 days from report to fix is not a bad turnaround time.
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • ollyole
    • By ollyole 4th Oct 17, 1:06 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    I think the boiler is significant here, and surely should have been picked up on a gas check? Could you shower/bathe, or did you have to wash in the sink with water from the kettle for 5 days? If so, that's where I would focus any effort for a refund - you can't get nearly as clean, and washing hair is a particular pain with that method.

    Others seem to disagree, but worth saying that due to various issues when I moved into one flat I did ask the landlord for compensation. In the end I got £100, which was mostly for the blood stained mattress which I refused to use due to it being a bio-hazard, as well as an issue with the shower which made it unusable and a few other things. I then gave the money to Shelter as I fully realised that there are plenty of people who are much worse off than I am, but it was more that I wanted to make a point as I did not feel it met the right standards.

    OP - good luck, and please don't feel picked on. P.S. I'm an established poster, and certainly NOT a millennial!
    Originally posted by Wyndham
    I couldn't wash in the sinks because the water just leaks out. For 3 days we had baths (kettle) and I shaved using a bucket to hold the water. For the final 2 days, we got PAYG gym membership to use their showers.

    As the place was unclean when we arrived, we also had to go to the launderette to wash the various clothes/towels we had used to clean walls, fittings etc.

    We have receipts for both that I had planned to claim back. And possibly the day off work I took as they don't have a set of keys and I had to let the tradesmen in, not sure how to approach this.
    • FBaby
    • By FBaby 4th Oct 17, 1:13 PM
    • 15,942 Posts
    • 39,731 Thanks
    FBaby
    The only thing you might have a chance to get a refund for are the things you were promised to be in place before you move, ie. what do you have, in writing, that states: 'The landlord will do X, Y and Z' before tenant moves in'.

    Even then, you might get nothing, but you never know, your landlord might be a kind and reasonable person and accept a small deduction form next month's rent. Not compensation as such, nothing that will take you on a nice holiday, but a gesture of goodwill as they call it!
    • LEJC
    • By LEJC 4th Oct 17, 1:18 PM
    • 9,198 Posts
    • 57,655 Thanks
    LEJC
    The key situation is puzzling me....the managing agent genuinely doesnt hold a set or you preferred to be there whilst the tradespeople were there and therefore let them in???
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • ollyole
    • By ollyole 4th Oct 17, 1:18 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    That is not always the case...a CP12 gas safety certificate needs to be provided on an annual basis...so in theory it could be 11 months since the boiler was last inspected and still have a current certification.

    As with all boilers if they are not run regularly issues can occur...it may be that the property had a void period between tenants and as such hadn't been used for a while.

    With regard to refunds or compensation,you do need to be realistic and perhaps even apply the situation that as a homeowner would you be able to get the problem sorted any quicker.

    Being a tenant doesnt automatically entitle you to preferential treatment or fast track when it comes to repairs.
    Many homeowners face similar waiting times for plumbers/heating engineers and parts etc.

    The OP hasnt disclosed what the problem with the boiler was but in fairness to those involved having to deal with a managing agent a LL and a heating engineer all in the space of 5 days from report to fix is not a bad turnaround time.
    Originally posted by LEJC
    Due to the number of issues I didn't go into detail. The boiler needed a replacement circuit board to start up. It also needs a new expansion tank as it over pressurizes resulting in it needing to be topped up several times a day, gas engineer will return next week to fit it.

    Just to be clear I have no problem with the response of letting agency once issues were raised. It's purely down to how they could release the property in such a state. They claim to have a check in procedure which either missed all these issues or was never carried out.
    • mrginge
    • By mrginge 4th Oct 17, 1:20 PM
    • 4,200 Posts
    • 7,464 Thanks
    mrginge
    The phrasing was purely down to reading other threads which say things like 'claim back incurred expenses that have resulted from these problems'.
    Originally posted by ollyole
    Thankyou for your information.
    What expenses have you incurred?
    You have not listed any expenses on your OP, perhaps if you had, again you may have had a different response.

    I advise a greater consideration for the content of your posts.

    Expenses are not compensation by the way.

    As for your suggestion that a whole generation may or may not be 'entitled', google it and see which newspaper puts out such nonsense.
    I have not made any such suggestion about an entire generation, which you can clearly see from the two words ‘Some millennials’.

    So I await your apology for this slander.
    • LEJC
    • By LEJC 4th Oct 17, 1:25 PM
    • 9,198 Posts
    • 57,655 Thanks
    LEJC

    Just to be clear I have no problem with the response of letting agency once issues were raised. It's purely down to how they could release the property in such a state. They claim to have a check in procedure which either missed all these issues or was never carried out.
    Originally posted by ollyole
    Then if that is your "gripe" so to speak and I apologise if iv'e not picked the right word......the issue of compensation would not be with you but with the LL making that claim from the management agency.

    Someone else earlier pointed out that the actual contract with the management company is between the LL and agent....absolutely correct.
    The contract you have is with the LL.
    Therefore if the managing agent has not done what they contracted to do in their contract between themselves and the LL to ready the property then its the LL who needs to persue as its he/she who pays for that service and has not received it ...not you.
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • ollyole
    • By ollyole 4th Oct 17, 1:25 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    The key situation is puzzling me....the managing agent genuinely doesnt hold a set or you preferred to be there whilst the tradespeople were there and therefore let them in???
    Originally posted by LEJC
    Puzzling for me too. They handed me 1 set of keys and told me they don't have a set themselves. I emailed them after getting to the property with a list of issues and asked if they would like a set cut for them so they can have access to the property (for tradesmen et al). They replied that they didn't want a set and would not be reimbursing me to have keys cut.
    • LEJC
    • By LEJC 4th Oct 17, 1:47 PM
    • 9,198 Posts
    • 57,655 Thanks
    LEJC
    Puzzling for me too. They handed me 1 set of keys and told me they don't have a set themselves. I emailed them after getting to the property with a list of issues and asked if they would like a set cut for them so they can have access to the property (for tradesmen et al). They replied that they didn't want a set and would not be reimbursing me to have keys cut.
    Originally posted by ollyole
    In this situation you could contact your LL direct and politely request the second set of keys if you have a joint tenancy with someone as it is reasonable that all named on the TA should have a set of keys.

    With regard to the managing agent not holding a set you could include in your email to the LL something that politely suggests that if future repairs or access is required to the flat that the LL may not be in a position to rely on you being there and you would suggest that either the managing agent will be on hand or indeed the LL themselves to over view any issues....hence the need perhaps for keys to be retained by the managing agent.
    Again it is not reasonable for a managing agent or LL to expect that you take time off work to be there when access is required....both are infinitely capable of being at your property in your place,or able to sign keys over to a tradesperson.
    However if it is a case that you would prefer to be present then I think that is a decision you make and as such you cant claim loss of earnings for attending.
    Last edited by LEJC; 04-10-2017 at 1:59 PM.
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • ollyole
    • By ollyole 4th Oct 17, 1:51 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    Then if that is your "gripe" so to speak and I apologise if iv'e not picked the right word......the issue of compensation would not be with you but with the LL making that claim from the management agency.

    Someone else earlier pointed out that the actual contract with the management company is between the LL and agent....absolutely correct.
    The contract you have is with the LL.
    Therefore if the managing agent has not done what they contracted to do in their contract between themselves and the LL to ready the property then its the LL who needs to persue as its he/she who pays for that service and has not received it ...not you.
    Originally posted by LEJC
    You are correct of course. But where does that leave me, I can't contact the LL directly and their failings left me with a really stressful first 5 days.
    • LEJC
    • By LEJC 4th Oct 17, 1:52 PM
    • 9,198 Posts
    • 57,655 Thanks
    LEJC
    You are correct of course. But where does that leave me, I can't contact the LL directly and their failings left me with a really stressful first 5 days.
    Originally posted by ollyole
    why cant you contact the LL direct?
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • ollyole
    • By ollyole 4th Oct 17, 2:04 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    why cant you contact the LL direct?
    Originally posted by LEJC
    It's the lettings agency that manage the property and I pay my rent to. Although it has the LL's name on the tenancy agreement, his address is listed as the lettings' agency address. I don't have contact details for him.

    So I'm in a situation whereby all my contact is through the lettings agency who in turn ask the landlord for permission to go ahead with repairs etc.

    I had the same setup in my previous 2 rentals, I assumed this was normal?
    • G_M
    • By G_M 4th Oct 17, 2:12 PM
    • 41,430 Posts
    • 47,797 Thanks
    G_M
    See Landlord & Tenant Act 1985 section 1:

    1 Disclosure of landlord’s identity.

    (1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

    (a)any person who demands, or the last person who received, rent payable under the tenancy, or

    (b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

    that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

    (2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
    • LEJC
    • By LEJC 4th Oct 17, 2:17 PM
    • 9,198 Posts
    • 57,655 Thanks
    LEJC
    It's the lettings agency that manage the property and I pay my rent to. Although it has the LL's name on the tenancy agreement, his address is listed as the lettings' agency address. I don't have contact details for him.

    So I'm in a situation whereby all my contact is through the lettings agency who in turn ask the landlord for permission to go ahead with repairs etc.

    I had the same setup in my previous 2 rentals, I assumed this was normal?
    Originally posted by ollyole
    It's correct that you should be directing queries and requests through the agent however you are entitled to ask for contact details for the LL especially if you have raised an issue with them such as the keys and they have said they are not prepared to help.

    Moving by its nature can be stressful both for tenants and homeowners,and whilst most will sympathise with you and say it is stressful in my opinion the 5 days you say you have suffered is probably par for the course....some moves go easier than others.

    Try and get the keys sorted...thats possibly your main point of contact going forward.
    Whilst I commend the managing agent for their quick response to you over telling you to get some keys cut yourself it might be worthwile reminding them that of course you can do that but those keys remain your property and possession when you leave the flat,and as such if the locks were not changed you may be able to gain access using your own key at a future date!!!!
    That should prompt them into issuing you with a second set that of course you will return at the end of your tenancy.

    Dont sweat the small stuff...it's just a couple of weeks in your life...get this sorted and forget it.
    Acouple of polite emails going forward,no mention of rebates/compo or whatever and enjoy living in your new home.
    Last edited by LEJC; 04-10-2017 at 2:20 PM.
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • ollyole
    • By ollyole 4th Oct 17, 2:21 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    Thanks, I did read that but assumed if I requested the LL's details, they would just give me his name and address that is on the tenancy agreement, i.e. his name and their address? Has this act been updated to include a contact number or email address?
    • LEJC
    • By LEJC 4th Oct 17, 2:23 PM
    • 9,198 Posts
    • 57,655 Thanks
    LEJC
    In the first instance it's always good to put pen to paper....

    you could then ask in your written communication if there is a more suitable email or number they can be contacted on should the need arise
    frugal October...£37.39 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 141 out 118 in ...£14.92 spend
    • aneary
    • By aneary 4th Oct 17, 2:24 PM
    • 609 Posts
    • 458 Thanks
    aneary
    Thanks, I did read that but assumed if I requested the LL's details, they would just give me his name and address that is on the tenancy agreement, i.e. his name and their address? Has this act been updated to include a contact number or email address?
    Originally posted by ollyole
    Everything should be directed in writing (paper and pen).
    • ollyole
    • By ollyole 4th Oct 17, 2:27 PM
    • 14 Posts
    • 4 Thanks
    ollyole
    Thanks for the responses guys.
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