Student Housing, Private Landlord, SLUM! URGENT!!!!

okij

I and a group of 3 other students entered into a Assured Shorthold Tenancy agreement on the 1st of July 2009. The tenancy agreement is for 1 year.
We had to pay a deposit equivalent to one month's rent each, plus administration charges equivalent to one week's rent each. The rent for the months of July and August was halved as we were unable to live in the house over summer due to "repairs". And we were only able to live in the house from 1st Sep.
We were told over the summer months that new mattresses would be provided, the walls painted, the garage roof fixed, the gardens tidied, the bathroom re-grouted, the garden fence repaired, a new double bed for one of the rooms as well as repairing the general wear and tear from the previous tenants (who were never refunded their deposits due to the state they left the house in).
The estate agency (Opal) and the landlord both admitted the house was not yet habitable, but not to fear, all would be well come September.
We all arranged to move in on the 12th of September, a week prior to starting back at uni. However, upon arrival, nothing has been completed. The house is in a worse state of disrepair. All the windows to the house were open before we arrived, I'm guessing due to the smell of damp.
The carpets are filthy, not just from day to day living, but from what appears to be building debris, although it's not visible what building work has been carried out. The walls haven't been painted, none of the mattresses replaced. One of which is covered in mould and damp and so is the room in which it festers. There is a very very thick layer of dust everywhere despite having been told that the house would be, and I quote, "immaculate" for when we moved in. The fridge/freezer doesn't work and I haven't dared to look at the other appliances yet. I won't mention the bathroom. There are many other problems that will take too long to list.
I am basically asking what rights I have as a tenant. We have no where to sleep as we can't live in the house. We have already paid this month's rent prior to moving in, The estate agency is closed, and we can't get hold of the landlord. We are looking for somewhere else to live, but we don't know the repercussions of leaving this tenancy agreement. Has the landlord broken the tenancy agreement? Will we be able to get our rent reimbursed? Or our deposits? If we are unable to do this we want the landlord to clean the house and repair everything this weekend and would like a reduction in this month's rent, preferably half rent (as over the summer months). Do we have the legal right to make such a request?

Lokolo

First of all. TAKE PICTURES.

Can you stay round friends house for a couple of days until Monday?

Personally I would get a room in a travel inn (but be resonble, don't go for luxury standard) on Monday after speaking to estate agents. Show them pictures of the house and say you will be staying in the travel inn until its sorted and all expenses will come out of future rent.

mynameisdave

Has he protected the deposit in a scheme?

Suggest you will continue to pay half rent till he does the work promised. He might try and throw you out but he doesnt sound like the type of person you want as a LL anyway!

Edit: Obviously he has to follow the correct proceedures to do this and cant just turn up and turf you out

Blacksheep1979

Did you get it in writing the work that he was going to carry out?

It's a common scam by student landlords to promise everything then never produce (blaming the current state of disrepairs on the students when it's been like that for years)

clutton_2

"" We are looking for somewhere else to live, but we don't know the repercussions of leaving this tenancy agreement. Has the landlord broken the tenancy agreement? Will we be able to get our rent reimbursed? Or our deposits? "

you have signed a legally binding agreement to pay the rent for the fixed period listed in the agreement. if you look on Shelters website there is the procedure you must go through to try to get yoru landlord to do repairs. if he does not you must get three quotes, get the work done yourselves then deduct the cost from the rent.

if you dont follow the procedure and you stop paying the rent, the LL can evict you by taking you to court - which means you you may then have a County Court Judgement against you - which will seriously screw up your life for 5-6 years

you need to talk to the LA first thing monday monring, go to the office, say you have not moved in, and dont move till you hear that workmen have been instructed .....

okij

We received a list of all the work that needed to be carried out before we could move in. And none of the things written on the list have been done. The estate agency has a copy as well.
We have taken photos of every detail to secure the returns of our deposits as proof that we didn't cause the mess.
The deposits were paid to and processed by Opal. They said they are protected with a deposit scheme.
We've tried ringing the landlord, and surprise surprise, no answer.
The agency is shut tomorrow but we are all going down on Monday first thing to get this sorted, and not leaving until we do. But we need as much legal advice as possible, so if anyone knows where we stand in terms of money it would be very much appreciated.
We were also thinking of hiring a private cleaning company ourselves, and taking the money off the rent to pay for them?

okij

Thank you clutton!

clutton_2

do read your tenancy agreement very carefully indeed, especially with regard to repairs and tell us what it says.

just because the LL has not done these repairs does not mean you can cancel the agreement.

If you are all on the same agreement, you also need to look for a phrase "joint and several" - which means that if one of you leaves, the others are responsible for paying all the rent

IF the house is uninhabitable (and dirt does not make it uninhabitable - lack of cooking facilities or hot water or heating might - only might) then the LL has a duty to rehouse you.

If you have paid half rent for July and august but not been able to live there - why were the repairs not done then ?

When you are in LA office monday - take a chum with you who can make notes of the conversations. then go home and write a letter to confirm what had been said - IF you are to try and break this tenancy in the future EVERTthing must be in writing and written contemporaneously.

good luck

Also - you need to ask the LA (in writing) for a name and serviceable address for your landlord - this is a legal requirement.

princeofpounds

Writing on a mobile so forgive brevity!

Welcome to the big bad world of renting. I learnt these lessons the same way a few years ago. There is good news and bad news.

Bad- you cannot get out of a tenancy for cosmetic problems no matter how disgusting. You cannot practically speaking force LL to come good on promises unless you have evidence they were made. Lesson 1- don't believe them, get it in writing.

Good - anything not functional you can get repaired yourself, but you must follow a procedure. Search forums for lee-Parker vs izzet 1971 for details.

You do not have to return the property in a better condition than received, so no end of tenancy clean for you! Take photos and preferably print with date stamps at boots or wherever.

If there is anything dangerous or unsanitary, you can involve the council environmental health office who can issue repairing notices.

If LL has not provided you with a gas certificate, protected your deposit *and* sent info to you within 14 days of *receipt*, or I believe an EPC if timing is right, then you have legal levers that might prompt some action. Also if LL has not given you an address for service in England or Wales then you can put rent aside until he does so rather than pay.



You can also take the negotiation/embarrassment approach. Go visit agent with photos. Be firm. State that the LL and they as LLs agent have misrepresented the condition of the place. Request that they fulfil their promises asap. If they stonewall you, you can visit the LL.

If not, you could always do something like shout at them in front of customers, or leaflet with truthful photos and captions of what you were given outside their office. Sometimes that gets results, sometimes it alienates, so a last resort!

okij

Thank you all guys!
Your advice has been extremely helpful. I'm compiling a list of all my rights, and the advice I've received and I'm going down to the agency guns blazing until it's sorted.
Thank you once again, everyone.
I feel confident now that this will be a thing of the past come next week. (In time for freshers')

Thank you, Thank you, Thank you.

clutton_2

may i suggest that you dont go in all guns blazing - you want the LA on your side - and shouting at him is not giong to get you what you want -

You dont know if the LA has been nagging the LL to do the repairs and has been ignored - equally you dont know if the LA has not even asked the LL.

Start from the premise that you really need their help urgently - be nice to them - they will want to help someone who is nice -

if they dont phone the landlord when you are in the office, then that might be the time to mention lack of deposit protection, Energy certificate, LGSC

softly softly catchee monkeeeeeee