My Renting Hell - Long

starrydarkangel

You may remember that some time ago I posted regarding a fixed tenancy problem that I was having due to the amount of bad things happening whilst I was in the property.

Just as an update, I have managed to get pretty much no further than I left you all with in August. Search my previous posts for the background.

However, I wrote this letter to their head office last month, still with no reply.

"I would like to advise you at this point that I feel that the customer service shown by your company so far has been below the standard that I would expect and am extremely disappointed by this.

I hope that my enclosed letters will explain the background of the situation; however I would like you to address the following points as I have yet to receive a reply in writing for any of the previous letters enclosed.

1. Why have I never received a reply in writing for any of the previous letters issued to your company – even though it specifically states in each one that I would prefer this matter to be entirely dealt with in writing?
2. Why the property was not made habitable before I was given the keys? I would like to point out at this point that it was not general uncleanliness, but there was vomit on the walls and faeces on the carpets in one of the rooms.
3. Why was I not provided with alternative accommodation until the property was of a habitable standard?
4. Why rubbish bins were never provided to dispose of household waste from the property?
5. Why were promises made before the tenancy was signed as to the repair work that would be carried out if the Landlord had never said this work could take place?
6. Why was my safety compromised by allowing the fence in the back to remain in an unfit state, thus allowing access from intruders to the back of the property even though this was reported to you?
7. Why were electrical sockets to remain damp and hanging off the wall even though this was reported? I am sure that I do not need to remind you at this point that this is not just negligent but dangerous and potentially fatal.
8. Why was I not offered alternative accommodation once potentially fatal faults had been identified with the property as above?
9. Why were (The Contractors) told NOT to fix the problems above as they were deemed unnecessary?
10. Why was the property not re-marketed with effect from 30 August 2008? As advised to me during one telephone conversation, if a tenant could have been found at this point then I would have been released from my tenancy. As it was never re-marketed, this opportunity was denied to me and I have had to pay for your lack of action from this date.
11. During the telephone call today, I was advised of an "Early Repayment Charge" of approximately £117 which can be paid for administration costs if a tenancy is released early. After a discussion with Sarah, she advised me that if I was released from a tenancy early (with a letter from the landlord to confirm that I could be released) then I could pay £117 at that point to bring the matter to a close. Why was I not provided with this information at the beginning of my tenancy?
12. Why was my deposit not returned to me within 21 days of my tenancy ending as stated in the tenancy agreement that I signed? Is this a breach of contract?
13. Why was I not permitted to be present/ informed of any checking out of the property?
14. Why was I not allowed to rectify any problems myself – such as disposal of any furniture – before the charge of £60 was levied? As Derby City Council would have only charged £14.50 for the collection of 2-5 household items, I feel this charge to be more than excessive. (Please refer to their website for confirmation of this http://www.derby.gov.uk/Environment/RubbishWasteReCycling/HouseholdWaste/CollectionofLargeDomesticItems.htm). I have never been afforded this opportunity and have yet to see the invoice amounting to £60 and how this has been broken down.
15. Why I was advised that I was to be charged for removal of a bookcase from the property that I did not leave in the property? When this was questioned, I was advised that it must have been a mistake. When I then asked if that meant the removal charge was therefore incorrect as there were less items to remove, I was told no. How can this be the case?"

Since then, I got part of my deposit back in 42 working days. No answers.

They have also falsified an invoice to charge for work done which was never completed. (This I verified by contacting the contractor directly and asking for any invoice that they may have submitted to the company - which they kindly provided.) This was different to the one provided to me by the letting agent.

Due to the latter which I believe to be fraudulent activity, I have now contacted ARLA (with whom they are a member) Trading Standards and Enviromental Heath. (Enviromental Heath just to stop this hell-hole being rented to anyone else in that condition.)

I am at the end of my tether with it all. How this can be allowed to happen in this day and age is beyond me.

Anyway, sorry for the rant. I just wanted to know if everyone thinks I've done the right thing or if there is anything else anyone can suggest another way forward as I'm starting to think I'm flogging a dead horse.

Thanks for reading.

olly300

You post doesn't make much sense.

starrydarkangel

My apologies, I weote this in a fluster!

Which bit do I need to clarify?:D

Rosemary7391

Could you link back to the original thread? That could help clarify... August was awhile ago!

Planner

I dont have answers for all your questions but;

4) The council will normally provide you with a new bin.

6) It isnt an obligation of the landlord to replace things like fencing, that said it would be a silly landlord that didnt secure the property... you obviously had the misfortune of a silly landlord!

12) In theory it is a breach of contract (can I ask why the deposit wasnt in one of the TDS schemes?) but in practice there is very little that can be dont about it. 42 working days (about 2 months?) isnt overly bad for return of deposits, especially if there are 'issues' at the end of the tenancy.

13) Some letting agents/landlords like you to be present, some dont. Theres no legal obligation on them to invite you. As a rule of thumb, take loads of pictures just before you leave the property to show you have left it in good condition.

14) It would be a poor letting agent/landlord that allowed a tenant to re-enter the property after the tenent has handed it back to them. Its your responsibility to ensure that the property is returned in the same good order (or lack of it!) as you reciebed it in, this means removing all your furniture etc. I assume Derby Council would have come and collected the funiture from you just before the tenancy ended for £14.50? - why didnt you exercise that option then? - Unfortunatley the £60.00 is justifyed imho.

15) I doubt that you where charged 'per item' for removal of the furniture. I suspect that it would be a set charge to hire a van etc or a set charge to get a man with a van to remove x items of furniture. It probably would have cost the same for removal of only one or two pieces.

Good luck with getting the answers from the company involved... I sont suppose you want to name and shame? or at the very least give the town?

olly300

Answers to your questions

starrydarkangel wrote: »

1. Why have I never received a reply in writing for any of the previous letters issued to your company – even though it specifically states in each one that I would prefer this matter to be entirely dealt with in writing?

If you haven't sent your letter by recorded or special delivery than the company will deny receiving it particularly if it is written in the format of this post.

Also if you didn't ask them to reply to you in a certain number of days before stating what actions including a legal action you would take in the letter, then again there is a reason to ignore your letter.

Finally just because you ask for a dispute/issue to be conducted via written communications doesn't mean the other party will agree to and do it this way.

2. Why the property was not made habitable before I was given the keys? I would like to point out at this point that it was not general uncleanliness, but there was vomit on the walls and faeces on the carpets in one of the rooms.

Some letting agents and landlords don't give a damn about their properties. If the property is filthy when you view it and no one you know is a tenant of that landlord, then don't take it.

3. Why was I not provided with alternative accommodation until the property was of a habitable standard?

See above.

4. Why rubbish bins were never provided to dispose of household waste from the property?
Depending on the area it is the council will provide them so it's a case of you contacting them.

If the council doesn't provide them whether the place is furnished or not, if the landlord hasn't provided them it's up to you to sort them out yourself. I have had landlords who don't provide all sorts of things including a kitchen bin due to having had problems with tenants destroying items in the past.

5. Why were promises made before the tenancy was signed as to the repair work that would be carried out if the Landlord had never said this work could take place?

The LA aim is to make money. They don't care about the tenant which is why as a tenant you should try and get the landlords details. Legally under one of the landlord and tenant acts you can ask for it in writing giving the letting agent 21 days - if they refuse to provide it then you have to take them to court.

6. Why was my safety compromised by allowing the fence in the back to remain in an unfit state, thus allowing access from intruders to the back of the property even though this was reported to you?

As stated by another poster there is no legal requirement to have a fence but it's commonsense to have one.

7. Why were electrical sockets to remain damp and hanging off the wall even though this was reported? I am sure that I do not need to remind you at this point that this is not just negligent but dangerous and potentially fatal.

Did you not contact your council's private tenancy officer and environmental health when you where in the property when it was clear no amount of phoning was going to sort the issues out?

8. Why was I not offered alternative accommodation once potentially fatal faults had been identified with the property as above?

See above.

9. Why were (The Contractors) told NOT to fix the problems above as they were deemed unnecessary?

See above.

10. Why was the property not re-marketed with effect from 30 August 2008? As advised to me during one telephone conversation, if a tenant could have been found at this point then I would have been released from my tenancy. As it was never re-marketed, this opportunity was denied to me and I have had to pay for your lack of action from this date.

When someone/ a company you are having difficulty with tells you something over the phone make a note of the exact details of the conversation i.e. date, time name of person and then sent them an email/recorded delivery letter stating exactly what you discussed. At the end of the letter state if they don't agree with the version of events they should notify you of the discrepancies in 7 days.

11. During the telephone call today, I was advised of an "Early Repayment Charge" of approximately £117 which can be paid for administration costs if a tenancy is released early. After a discussion with Sarah, she advised me that if I was released from a tenancy early (with a letter from the landlord to confirm that I could be released) then I could pay £117 at that point to bring the matter to a close. Why was I not provided with this information at the beginning of my tenancy?

Under an AST the minimum fixed period is for 6 months so the LL doesn't have to provide you with this information.

12. Why was my deposit not returned to me within 21 days of my tenancy ending as stated in the tenancy agreement that I signed? Is this a breach of contract?

Not really.

Unfortunately when perusing people/companies to return or do something you end up having to give them extra time due to most laws in UK having an element of reasonableness. So bad people/companies know they actually have a minimum double the time and normally more time than stated in contracts in which to act.

13. Why was I not permitted to be present/ informed of any checking out of the property?

Already answered by another poster.

14. Why was I not allowed to rectify any problems myself – such as disposal of any furniture – before the charge of £60 was levied? As Derby City Council would have only charged £14.50 for the collection of 2-5 household items, I feel this charge to be more than excessive. (Please refer to their website for confirmation of this http://www.derby.gov.uk/Environment/RubbishWasteReCycling/HouseholdWaste/CollectionofLargeDomesticItems.htm). I have never been afforded this opportunity and have yet to see the invoice amounting to £60 and how this has been broken down.

See advice from other poster.

15. Why I was advised that I was to be charged for removal of a bookcase from the property that I did not leave in the property? When this was questioned, I was advised that it must have been a mistake. When I then asked if that meant the removal charge was therefore incorrect as there were less items to remove, I was told no. How can this be the case?"

See advice from other poster.

starrydarkangel

4 The Council wouldnt provide one without a charge which I wasn't willing to pay as they werent there at the beginning of my tenancy.

6 I know!

12 The deposit WAS in a TDS scheme! Although, I don't know much aboout how they work in fairness

13/14 I moved out approximately 3 months before my tenancy officially ended as I couldnt take any more of the problems, I was waiting for a date to give the keys back and kept askign them as I wanted to be present due to the fact we had nearly had a break in when I was present and I didnt want to be held liable if anything had have happened when the property was empty. The sofas were there to make only the front room habitable-looking if that makes sense due to said attempted break in. (Just to cover myself!) So officially, although they have now ended my tenancy, I still have the keys... how stupid is that!

15 I wouldnt mind if that was the case, however it was more the fact the invoice was subsequently found to be altered that then got to me and the fact I never even found out when my tenancy ended, as I was supposed to be there until 23rd November and they removed everything on the 7th!

Oh, and the original thread is
http://forums.moneysavingexpert.com/showthread.html?t=1089427

Thanks for your replies.

starrydarkangel

Just to clarify, this was a letter to the head office of the letting agent.

The letters I sent have been recieved, which was confirmed to me after speaking on the phone to the one person at head office that listened, just not acted on. These letters contain all of the conversations as you have posted above as i keep notes about all my conversations. I even invited them to comment if they did not agree with anything in my letter. (I work in a Utility company complaints department, so am versed in reading and writing such letters you could say... so I hope I got it right )

Still nothing...


And about enviromental heath, I didnt phone them or get them involved at this point as I just moved out somewhere else. I don't know if you've ever been in such a situation, but living there was making me ill and I felt it was better to run than fight at that time. (Was that wrong?)

The property was shown to me when the previous tenant had just vacated and I was promised that it would be totally fixed up before i got it.

I don't know if anyone has ever had any experience with trying to find a rented property with two dogs, let alone two big dogs as I have, without resorting to desperate measures.

I was told all the way through that work was taking place, and it wasn't until I went to get the keys at the property with all of my things and dogs in the van ready to move in, that it was meade clear that no work at all had been done.

Due to personal circumstances (and the dogs) I had nowhere to go but to that house, even with it in that condition.

Lessons have been learnt anyway shall we say!

Planner

I can sense your frustration from reading your August thread and this one and I suppose a concilitory letter from the head office might go some way towards helping you put the matter behind you. However it seems unlikley now that you are going to get any kind of response given the elapsed time, the fact you are no longer a tenant and the lack of response to previous letters!

If all the problems you had living in the property made you feel ill, then is it not now best to just move on and put it all behind you? I cant see what more you could possibly do to get a response from them.

I suggest you brush up on your rights/the process in terms of the TDS schemes as you can ask for any deductions (like the removal fees you where charged) to be considerd through their arbitration process, after all they where set up for just such a reason you outline (deductions from depsoits that tenants consider unfair). That way if you are ever faced with a similar situation again, you will feel more impowered to stand up for your rights.