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Nightmare tenancy - advice desperately required

kentrel
kentrel Posts: 41 Forumite
edited 27 April 2009 at 3:20PM in House buying, renting & selling
I've been renting a flat through an agency for several years now. I've been having major problems the past 6 months, and today is the last straw. I need advice, or a direction to go to find legal advice.

The shower is in a room of its own connected to the hall. There was water damage around the shower, which was disgusting. I pointed this out several times to members of the agency who visited last winter and nothing was done about it. In December I then showed it to the owners, and they were furious. This is what has happened since then

1. The owners were furious with the agency, apologised profusely to me and promised to rectify this as soon as possible. They immediately sent in one of their workmen and also bought various equipment including a powershower unit to replace the shower. I was promised it would be done before Christmas.

2. The workman declared that the flooring around the shower was unsafe, and needed to be replaced. The insurance agency was brought in. It was now in the hands of the insurance company.

3. Nothing was done until mid-January, when some workmen came and tore out the shower and the floor. I had nowhere to shower, and was resorting to staying with friends, and timing my swims at the local pool so I could use the shower there to get ready for work.

4. The letting agency told me that it was all in the hands of the insurance company and various surveyours and specialists needed to come out. He told me these things take several weeks, and "in his experience can take a month". In the meantime he provided me with a second flat, across the road.

5. This flat was in good condition, and I continued to pay the same amount in rent, however, I had to leave my computer and other essential stuff in my own flat, because thats where my internet connection was. I saw no point moving it all, and installing internet in my temporary flat if it was only going to be a few weeks.

6. It became 4 weeks, then 6 weeks. EAch time I was assured by my agency that it would only be a few more weeks now. Throughout this time several times I week I had to make the temporary flat I was in available for viewing so they could let it out to permanent tennants. They usually only gave me less than a day's notice. Usually about 5PM the day before. On one occassion I had no notice and they walked in on me while I was in bed! The prospective tennant had a video camera, and in my sleepy state I begrudging gave them permission to view it, while I sat there sheepishly and stupidly allowing them to film it.

7. It was only the start of April that proper work started on my flat. By an amazing coincidence they started the week before the holidays. Obviously this then all took weeks longer than I was promised.

8. Last week I got a phone call from the agency to say the work had been complete. I was also informed that the new tennants were moving into my temporary flat on the 28th, but I could start moving back now. I was told the new carpeting might take a little longer. I demanded that they send a professional cleaning company in before I moved back to clear up the mess and dirt that had been sprayed in every corner of my tiny flat.

9. Since I check the flat everyday I found that though the shower had been installed and new floorboards down it wasn't connected, and there was a big cable hanging from the ceiling. I immediately phoned back to let them know. They blamed the insurance company and said somebody would be out on Monday to hook it up. And a cleaning company would be out at the same time, so everything would be fine to move back in Monday evening.

10. Yesterday (sunday) I was at work. When I came home I checked my flat and found that somebody had been in, without informing me that it was going to happen. They had connected the shower, but there was NO heat, and hardly any water pressure. I groaned, because I feared what was going to happen

11. Today, a cleaning company came out. They sort of wiped a few surfaces, but did nothing. The place is an absolute mess. I even tidied it a little last night in preparation of the cleaning company and the biggest difference was made by me.

12. The shower still has NO heat, and no water pressure. I'm conconvinced they didn't isntall a water pump. I informed the owners, the letting agency, the owners workmen, and the insurance companies workmen starting from last December, thru to early this month that a water pump would probably be required. They all assured me this would be dealt with. Over 5 months after me informing them of this they failed to install one.

I'm furious. I called the letting agency, and even though I was patient the past few months I totally tore into them. Unfortunately the owner was "in a meeting" and the poor receptionist had to take my phone call. I wasn't angry enough to threaten court or legal action, but I am planning to. I demanded that she tell him to call me back.

As of now, there is 45 minutes before they close at 5PM. I HAVE to move out of my temporary flat as tennants are moving in tomorrow. I have nowhere to stay and have to make arrangements.

What are my rights? Please help
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Comments

  • tenke
    tenke Posts: 186 Forumite
    God I feel for you !!!:eek:

    I think I would just stubbornly stay in the 2nd flat until they sort the mess out. In the end they cant have the cake and eat it:eek:
    You have been very tolerant and patient but it is unfair you pay for their inefficiency...

    I hope the new renters run away, what a bunch of !!!!!:mad:
  • Catblue
    Catblue Posts: 872 Forumite
    I'd also stay in the second flat. This will cause the agency all sorts of fallout and hassle since the next tenants will be furious. Let the agency deal with it - it is their fault.

    If the agency has not called back, call them first thing in the morning and state that you were allocated the temporary flat until such time as the shower was fixed in the old flat. Five months later and the shower is still not fixed so you are unable to move back in. Shame but what can you do eh?

    Under no circumstances agree to move back in to the old flat until you have seen for yourself the shower working with hot water and decent water pressure.

    Call the owners and tell them that the agency has taken five months to fail to fix a shower.
  • N79
    N79 Posts: 2,615 Forumite
    Ignoring the general repair issues and just focussing on your immediate question.

    What agreement do you have for the second flat? A formal one or an informal one? If formal, what type is it?
  • kentrel
    kentrel Posts: 41 Forumite
    I'm tempted to do that, but I have no idea if I legally have the right to stay in the 2nd flat. They have spare keys, and I have to work tomorrow. Can they just throw my stuff out on the street?

    I'm also thinking about taking them to court, but I have hardly any money. Who can I get legal advice from?
  • N79
    N79 Posts: 2,615 Forumite
    edited 27 April 2009 at 4:21PM
    kentrel wrote: »
    I'm tempted to do that, but I have no idea if I legally have the right to stay in the 2nd flat. They have keys, and I have to work tomorrow. Can they just throw my stuff out on the street?
    I very much doubt it but see my question above.
    kentrel wrote: »
    I'm also thinking about taking them to court, but I have hardly any money. Who can I get legal advice from?

    There are a number of places but I am not certain at this point what you would take them to court for. Unless you get evicted from flat 2 before flat 1 (or before your tenancy is ended by a court) is ready then they have done more or less what they are supposed to do ie given you equivalent alternative accomodation while an uninhabitable flat was repaired.
  • rl290
    rl290 Posts: 316 Forumite
    Part of the Furniture Combo Breaker
    I'd just move out and site breach of contract (on so many items)...
  • kentrel
    kentrel Posts: 41 Forumite
    edited 27 April 2009 at 4:51PM
    N79 wrote: »
    Ignoring the general repair issues and just focussing on your immediate question.

    What agreement do you have for the second flat? A formal one or an informal one? If formal, what type is it?

    Its informal. I signed no lease. The only thing that I signed for was a book to say that I had collected the keys.

    I also can't move out immediately because I can't afford to.

    I just got off the phone with the letting agency. He blamed the insurance company. Gave me the usual "Oh but what can I do". I told him he was incompetent for ignoring the problem when I brought it up last winter, and then telling me I would only need to be rehoused for a few weeks. He told me that he wasn't obliged to do that, that he could have just terminated our contract. I told him that just last Friday I paid my rent for the follow calendar month as usual on time, so he was obliged, but if necessary, I would let a judge decide and hung up. I'm kind of scared now, because I've set the ball rolling for court. I have a better relationship with the owners, who are blameless for much of this, who are coming down to see me tonight.
  • Catblue
    Catblue Posts: 872 Forumite
    Kentrel, have you spoken to the agency?
  • kentrel
    kentrel Posts: 41 Forumite
    Catblue wrote: »
    Kentrel, have you spoken to the agency?

    Yes just half an hour ago, see my post above.
  • Catblue
    Catblue Posts: 872 Forumite
    The agency owner sounds like a lazy moron.

    At least the owners of the flat are supportive - make sure you tell them exactly what the agency has been playing at. Tell the owners that you would prefer to deal with them directly (and cut out the agent) since all the agent has done is slow things down for months.

    Presumably these owners do not also own the flat that you are in now?
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