Nightmare tenancy - advice desperately required

hazey31

Good lordy, no idea but I went through something similar a couple of years ago- was living in a basement flat which had damp, the LA blamed it on the shower and spent weeks rebuilding that and with industrial dehumidifiers to get all the moisture out. It wasn't actually the source of the problem (that was a pipe that had burst below my floor probably about 2 years beforehand and was leading water and God knows what else everywhere) and having had enough I moved out for good a few months later with no need to give notice or anything.

I consulted a solicitor and got many back from my rent for the temporary living situation as well as not having to give any notice, do any cleaning or redecoration when I left.

Good luck with it all

kentrel

No, they don't own it. The landlords did discuss cutting out the agency and dealing directly with me, but they told me there might be legal issues surrounding that, whereby I would have to move out first, then move back in. Neither of us have looked into the legal issues around that though.

sooz

kentrel wrote: »

No, they don't own it. The landlords did discuss cutting out the agency and dealing directly with me, but they told me there might be legal issues surrounding that, whereby I would have to move out first, then move back in. Neither of us have looked into the legal issues around that though.

But you have moved out . So both you and the LL should sack the agent asap.

Who owns the flat you are currently in? If not your LL, did the other owners give their written authority for you to live there? Do you have a contract with them? If your 'old' flat is still not ready, I'd not move anywhere.
This agent sounds like a total idiot.

Catblue

kentrel wrote: »

No, they don't own it. The landlords did discuss cutting out the agency and dealing directly with me, but they told me there might be legal issues surrounding that, whereby I would have to move out first, then move back in. Neither of us have looked into the legal issues around that though.

Well, the owners of the flat probably have grounds to terminate their current contract with the agency on the spot due to the agency's serial incompetence. But that's not your problem.

Speak to the owners tonight and see what they recommend.

But I personally would not be vacating the second flat until such time as the shower was fixed in the first flat.

kentrel

Update:

I just got a text message (as you do) from the agency to say that they have arranged a meeting with the contractors, plumber, and cleaners for tomorrow morning and would like me to be there. Any advice on what I should say or do when I get there? They also said they put off the new tenants for the temporary flat until Wednesday and promised the work would be done by Tuesday. I feel I need to take the day off work to supervise this.

To answer some questions. The Temporary Flat is owned by different people who have the standard arrangement with my agency. They gave permission to the agency for me to stay there. According to the agent, my rent was actually used to pay their rent, with the assumption that the owners of my original flat (and me) would get rent compensation from the insurers. I signed no lease or contract with either my agency or the owners of the Temporary flat. The only lease I have is the one for my original flat. The arrangement to move there temporarily was a verbal agreement between me and the agent, and he cleared it with the owners. During about 2 months of my time, I had to make it available for tennants to view (not a major hassle but still really annoying, because they didn't always give enough notice).

Oh, and the reason for the cleaning company not cleaning properly after workmen were in was that "The place wasn't clean already". Direct quote.

clutton_2

i am a landlord and this is appalling - stay put girl, stay put, if necessary change the lock.

a LL is legally bound to provide you with hot water - and they did this by moving you out to a new flat in order to repair your own hot water.

if it is not working in the old flat, stay put - let the LL/LA argue the toss - you must NOT be made homeless due to a !!!!!! of a letting agent - if he has put you in a flat belonging to someone else - that is his problem not yours - let the owner of this flat have a go at the LA to get you out and get new tenants in

stay put - stay calm - if i were you - i would do a "sickie" tomorrow and get your LL round to show them exactly what a p*ss poor job has been made of their property - and what an appalling agent they have employed


agree to go to the meeting - AS LONG AS THE LL IS THERE - and also say that you will be deducting a days pay from the rent

Dont agree to move out until the water his hot and there is water pressure

have a friend with you if you can

good luck

tbs624

Is this agent signed up to ARLA, RICS, NAEA, NALs who all have codes of conduct?

If so ask the agent for a copy of their complaints procedure under the code of conduct.

I'm sorry but I would be wary of believing that your LL has done all they can here - an LA acts for the LL. If the LL knew this was going on s/he should have been jumping on the LA until the work was sorted out - you should not have to take time off work, losing pay or holiday allocation. At the very least the LL should be offering you a partial refund of your rent to reflect the massive inconvenience you have incurred to date.

I would change the barrel on the lock of the current property and inform the LL and the LA that you will not be moving out until your property is in a satisfactory condition and that you expect that written confirmation that a partial rent repayment will be made.


Ring Shelter 0808 800 444 and/or talk to the private sector rentals team at your local council tomorrow morning.

You are entitled to quiet enjoyment of your home and even if you have a separate bathroom to use in your original place, this repair has taken far longer than is "reasonable".

kentrel

Further Update:

The LL visited me tonight, and we talked through this issue. He told me that while on the phone to the LA he got the feeling the LA was putting some of the blame on me, claiming that there were beer cans in my bedroom when the cleaner arrived, and that I had been using the flat during the day when work was supposed to be going on, plus some other issues. All of these issues are flat out lies, but regardless, I'm quite within my right to have done any of them, which I didn't. From what I understood the LA was implying that I, in some way had hindered the work - all completely false.

The LA did not mention these to me on the phone, so I think he was just trying to put the thought in the LLs mind that I am a problem tenant. I intend to ask him about that, because I find that unacceptable. The LL is unable to make the meeting tomorrow, but he made it clear that they couldn't be more pleased with me as a tenant and will be taking LA to court if they cost them any more money.

I'll probably have to pull a sickie tomorrow to take it off work to supervise whats going on. I want to tell them to pay me for my time off, but I don't have the heart for that hassle and argument, if I don't know what i'm legally entitled to

greyster

I'd at least have a chat about your rights with the CAB, this is appalling.

And even if the LL seems to be on your side, he is equally to blame as the LA. Who the hell lets someone else go through that much grief. After a few weeks he should have thought, "damn, this is taking way too long lets do something about it".

LL is equally to blame here, not just the LA.

kentrel

greyster wrote: »

LL is equally to blame here, not just the LA.

You're right, but I want to play it safe with him. If I peev him off too and they to give me an eviction notice, within their rights, I can't afford to move out even in 4 weeks. He shares the blame, but until I get a solicitor I have no-one else on my side