CAB Refusing help over Renting problems

Jowo_2

tek-monkey wrote: »

Generaly you give notice once you have found a place, and it runs for one month from the next day at the start of your tenancy. If you moved in on the 5th of April, any notice you give must be by the 4th of a month. You will be liable until one month after this.

That's for a periodic tenancy. For a fixed term contract, no notice has to be given though its a courtesy to inform the landlord that you are intending to move out. Shelter has good advice how to end a tenancy and how a landlord can end it.

f1widow

Thanks that was a great help - yes during the last 11 months we have written to the AGent twice explaining the problems (they are supposed to and do regulalar three monthly checks we had one initial one) - the repairs over the months have been some deemed as cosmetic (a built in alarm that goes off at various hours of the day and night and if unplugged will go off continuously - toilets not working properly - boiler breaking down - guttering broken water poaring down wall into windows etc - a lot have been sorted or semi sorted but only after constant phone calls and letters - our EPC & Gas safety check were not done when we moved in and it took 5 months to do them (we were informed on viewing the property they were done and all in order) - the whole time we ring the agent or write and they say oh we thought it was done or our hands are tied etc etc

OUr tenancy states that they have to give 24 hours written notice of a sale board or agents visiting etc and so coupled with some of the repairs they have not kept to the Agreement and the checks etc and whilst I know (now) you can state no you can say no it gets a little waring to be contacted by phone or knock at the door at the drop of a hat and where I have said no it seems now that they have taken a very dim view of us.

The right of quiet enjoyment has been mentioned before and when in the first few months we still had builders turning up to finish the place (behind the scenes work that we would not have known needed doing) and now agents etc wanting to come in I dont think there has been one month where they have not rung and wanted something. Even asking me to get the key from next door go to our local key shop and get a couple of keys made post them to them and then take it off the rent and they realised they did not have a spare set in the office ........

Just get the impression that this was a move from hell the LL wanted money whilst he was finishing off renovating the place and now its finished he is selling (even though we have it in writing that he had no intentions of selling for some 3 years but I do appreciate that he can change his mind)

Fire_Fox

f1widow wrote: »

Thanks that was a great help - yes during the last 11 months we have written to the AGent twice explaining the problems (they are supposed to and do regulalar three monthly checks we had one initial one) - the repairs over the months have been some deemed as cosmetic (a built in alarm that goes off at various hours of the day and night and if unplugged will go off continuously - toilets not working properly - boiler breaking down - guttering broken water poaring down wall into windows etc - a lot have been sorted or semi sorted but only after constant phone calls and letters - our EPC & Gas safety check were not done when we moved in and it took 5 months to do them (we were informed on viewing the property they were done and all in order) - the whole time we ring the agent or write and they say oh we thought it was done or our hands are tied etc etc

It's not the letting agent's legal responsibility to repair the property it's the landlords. Hence why I asked had you put your complaints into writing to the letting agent/ landlord; I would write to the landlord and copy to the letting agent for information. Don't ring unless the repair is an emergency as you need a paper trail. If you don'#t have the landlord's address for serving notices, then write to the letting agent and ask for it - you have a legal right to be supplied with this.

Catblue

I think you are right - your landlord just wanted a tenant in temporarily to pay the rent during the period in which he was renovating and then marketing the place. Very annoying, but nothing that you can do about it.

People are sympathetic to your situation, but given ALL the problems that you have had does it not just make sense to look for a new place to live in time for February next year? One that doesn't needs lots of repairs doing?

Your current place is too much hassle. I'd be off like a shot.

Put all your energies into getting out. Start looking today for a new place - with a view to moving in February when your current tenancy agreement terminates. When you come to view a house, look very carefully and reject any houses that have visible signs of disrepair.

Good luck.

SouthCoast

Advice from CAB on disrepair in rented accomodation:

http://www.adviceguide.org.uk/index/your_family/housing/disrepair_in_rented_accommodation.htm

f1widow

Thanks for your input much appreciated - the point made about the landlords address is interesting and might help others or in the future.

When you rent a property I have always had very little if no problems and as such if there is an agent was led to believe that your contact is only through the agent as they are acting for / or in place of a landlord. As communication from the Agent led me to believe that the triangle between agent - workmen - landlord was breaking down - having looked at the tenancy I saw that the landlords address was not given only his name - I asked for this so that I could CC landlord in any correspondence and was told no this was private and any correspondence would have to be addressed via the agent - I asked if this could be addressed private and confidential and passed on and they said no write to us and we will pass any problems / letters on.

Although whilst on this forum noticed someones else seeking landlords address for deposit return.

I always thought that agents were there in place of your landlord so to speak so a landlord did not have to deal with issues as such and whilst he had a liability it would be fielded by an agent

Interesting point - so no my tenancy does not have an address for landlord just his name and a clause that states any correspondence / matters should be directed through the agent giving the agents name and address

f1widow

theartfullodger - whilst I was not rude to the CAB person I was a little stressed after being confronted with a sold board and a man standing at my door so maybe the call to the CAB to really get things sorted out between agent / LL / us was not made at the correct time
And yes you are right there are a lot worse off than us

catblue - this is what we are going to be doing although finding moving costs, deposits and application fees just under a year after moving the last time is going to tricky for us so whilst it makes total sense to move - financially its not a good time

SouthCoast

Advice from CAB on renting from a letting agency:

http://www.adviceguide.org.uk/index/h_renting_from_a_letting_agency.pdf

N79

f1widow wrote: »

Interesting point - so no my tenancy does not have an address for landlord just his name and a clause that states any correspondence / matters should be directed through the agent giving the agents name and address

That meets the LL's S48 obligations and all notices to the LL should be served at the agents address as given on the tenancy agreement.

You can also ask for the LL's address (S1 of LL&T Act) (which may be home address or the LL's business address eg if the LL is a company or a LL has a company) but this address does not replace the address for notices given in the tenancy agreement.

Zelie

With regard to your tenancy agreement stating that they can come round with 24 hours notice: not worth the paper it's written on. Individual contracts cannot trump statute law so they basically have no right to enter the property or garden without having first written to you requesting permission (unless there's a gas leak etc).

I'm sure there's lots of advice to be had from others but if I were you I'd give this one up as a bad job. If the agents have been so bad this far then I doubt they'd improve any. I'd suggest looking around asap for a new place to rent. Possibly you may also be able to negotiate with the agent that you will agree to viewings or agree to move out early (once you've got your new place) if they provide a financial incentive. Otherwise, just get the hell out of Dodge and don't use that agency again!