Tenancy dispute - please Help!!!!!

1needcash

Hello, i am having a nightmare i am 6 months pregnant and have moved out of a flat to move into another one but it wasn't ready in time and now we have had enough of being messed around by the landlord and asked for our deposit and first months rent back and they say they will not give it to us becuase we have signed an assure shorthold tenancy agreement! the order of events are as follows i hope someone has some good advice for us...

• 29/05/09 our offer was accepted with conditions (I have paper work to prove this), conditions of offer were accepted by landlord and he agreed that all work would be completed by 19/06/09
• We had several phone conversations over the following weeks with the agents and the landlord and everyone said it was all going to plan
• 17/06 agent rang to say there was a problem with the plumbing and the property wouldn’t have water until 22/06. we spoke to the landlord who said we could move our furniture in but not move ourselves in or start paying rent until 22/06
• 18/06 6.30pm we signed a tenancy agreement dated 22/06 with bushells and paid our deposit, they were fully aware that the flat was not inhabitable at this time
• 18/06 9pm the landlord rang to say we wouldn’t be able to move our furniture in because the painting had not been done but the property would be ready by 22/06. Ben met him at the property at 10.30pm and saw that the bathroom was not installed, the painting had not been done, no blinds were up and the cleaning had not been done. We verbally agreed that we would put our furniture into storage and move in the following week (27th) if the landlord paid for storage and arrange and paid for removal and pay for our additional transport costs (he has not paid us a penny). At this point he gave my other half a key.
• We had no option but to move out of our flat because everything was arranged for the 19/06 and he gave us no notice to cancel removal men or speak to our current landlord.
• He sent us a tenancy agreement dated 27/06 * this was never signed* (we signed one dated 22/06)
• 27/06 the landlord said he had failed to arrange a removal company because he had ‘left it a bit late’, ben went into the property to find the place was still filthy (even though the first condition was that it had a full professional clean because the previous tenants had left it in a complete state) and the blinds only cover ¾ of the windows. At this point we said enough is enough. My other half spoke to the landlord who said that there had been a ‘2 day professional clean’ and that work on the property is finished we told the landlord that we were not prepared to move into the flat in that condition.
• I emailed bushells for our deposit back – no response
• 29/06 I went into bushells to ask for my deposit back at which point I was told that I was not entitled to it because I had signed the tenancy agreement and there was nothing they could do because they work for the landlord. I took the agent Holly Windsor round to the flat and she agreed that there had not been a professional clean and the blinds were shoddy. She did offer to arrange a professional cleaner because we had signed the tenancy agreement because they told us to but by this time we wouldn’t have been able to move in until the following weekend and we had got to the end of our tether with the whole thing.
• 29/06 spoke to the landlord who said he would let us out of the tenancy agreement when he finds a new tenant but has now put the flat back on the market at £275 per week instead of £250 that we had signed up to pay.

I hope that makes sense to you I’m sorry it’s a bit scatty.

We now have no desire at all to live in that flat because we don’t want to be at this guy’s mercy with a newborn baby we just want our money back so we can find somewhere new before I give birth! Basically we were supposed to be living in that flat from the 19th June we are still homeless. Do you think we have any chance of getting our money back? He has 4 weeks rent and 6 weeks deposit and our costs (e.g.storage, etc.) are increasing by the minute.

please can anyone help us???

princeofpounds

Go to landlordzone forums. You may have grounds of frustration of contract (i.e. you were ready to move in but it was not possible through a fault of the other party) if you have not taken up residence, but because keys have gone one way and rent the other I'm not sure it's going to be that straightforward.

You are due compensation for the uninhabitable days and if you have documentary evidence of this then you could sue for it whatever the outcome.

Other things to consider are if you have enough leverage on other grounds to force them to let you go.

Did they have an EPC when they let to you? These are now required.
Do they have a gas safety certificate for the property?
Is your deposit appropriately protected withing 14 days of receipt?

If the answer to any of these is no then you might be able to frighten them into letting you go.

sooz

Lost my message :mad:

Where have you been living since the 19th?
Have you got anything in writing about your storage arrangement?
Have you got anything in writing about ending the tenancy early?
As it is, you will be obliged to pay another month's rent in 12 days time.
Have you spoken to either the LL or the agency since the 29th?

I've used the agency before, & know they are very thorough about EPC's & GSC's, but less so on deposits. Do you have a deposit certificate?

clutton_2

""18/06 6.30pm we signed a tenancy agreement dated 22/06 with bushells and paid our deposit, they were fully aware that the flat was not inhabitable at this time""

if it was uninhabitable why did you sign ?

i think you are on very sticky legal grounds here - you have paid rent, you signed the agreement, you have the keys ..........

however, the LL is the person who makes the decisions, not the agent - try to have direct negotiations with him and not the agent - but - altho you are angry with him - he will be doing you a big legal favour if he lets you out of your contract - so try to stay calm and cool. IF he agrees to let you go, he is legally allowed to charge you both rent and marketing costs until he finds another suitable tenant.

it is quite possibel that the LL thinks that he has paid for a professional clean - teh agents may have organised it but not checked it before authorising payment for it.

you need the LL to meet you at the property to see for himself if you are to get out of this

good luck

Have you got anywhere else to live ? He should, of course, offer you a full refund of the uninhabitable time whether you stay or go