Renting / Starting tenancy - delays

Squiggly_Diddly

Hi, just asking for any advice really.. Apologies if this is a bit long...

My sister found a flat to rent in mid-March for herself & her 5 year old, which was apparently available immediately (as soon as checks, etc were done). I am standing as guarantor (which I have done previously & have no problem with doing this for her). I have signed a document (deed of guarantee or similar). She has not signed the tenancy agreement as yet as this was waiting for the following to be completed.

The flat required some repairs/jobs to be done to enable her to actually live there (ie provision of working cooker & securing of broken front door among others). The letting agents initially assured us all these jobs would be done by 25th March & hence were pushing through the checks as quickly as possible. They were also aware my sister & her child were staying temporarily on a friend's sofa (due to relationship breakdown) so needed to move fairly urgently. The jobs were not done by that date.

The letting agents continued to assure they were chasing the landlord and giving several dates when the work would be completed by. They provided my sister with the key to the property & assured her she could leave some boxes of her possessions there (she did not move in & this was only a very small collection of items). This was with the landlord's knowledge/agreement. The letting agents have also assured that the tenancy agreement would not be commencing until my sister could actually live in the property which was when the jobs were completed as agreed.

My sister has been staying over with me this past week (she lives 50 miles along the coast) as she was still unable to move into the flat, however had again been assured by the letting agent that all works would be complete by today. Last Thursday (8th April) we moved 5 large items of furniture in - again having been assured by the letting agents a week previously that the flat would be habitable by that date. Concerns were also raised by a neighbour at that point re this landlord's past behaviour to other tenants - however the letting agent says this is untrue...

Late this afternoon my sister spoke to the letting agents - not one of the jobs has been done. Again. The letting agent also now said the landlord wants to start the tenancy from last Saturday (10th April) as my sister has put some of her possessions in the property.

Both of us are completely fed up with being led up the garden path. I think she should not sign the tenancy agreement, tell the letting agent to find her a property where the landlord is more reliable & move her stuff pronto. I can see otherwise her moving in, these jobs still not being done & there being problems further down the line when she comes to move out. If the landlord complains about this I would suggest she offer a very minimal sum for use of the flat as "storage" - despite feeling that this whole situation has resulted because of the landlord's failure to carry out the agreed works. (And yes, in an ideal world she would not have put any of her property in there, however assurances were made & she had no other alternative).

So just wondering what our options are - I would like to email the letting agents tomorrow & wondering what to say....

Thank you...

clutton_2

what an utterly ureliable cheapskate landlord.. he has had a month to sort out these issued... the likes of him gives the rest of us a bad name....

if you have not signed a tenancy agreement and not paid any rent then no tenancy exits....

let him invoice you for the "storage" and let him take you to court if he chooses, he will have a real problem proving a contract exists ....
ask for a refund of any fees paid towards this tenancy; move all furniture out again and find a new property - have you considered looking at properties held by other agents as well ?

CloudCuckooLand

Definitely use a different agent too, they either are complicit or incompetent.

Squiggly_Diddly

I spoke to my sister late last night, she has signed a tenancy agreement but the agent had said they would restart it once she was able to move in. The lanlord has now said she wants it started from 10th. This complicates things I think & I assume means she could not take the course of action above which is what I would suggest she do otherwise.

And yes they do appear to be cheapskate & completely unreliable. A friend of the landlord lives in the flat immediately above & has let slip she has a key to all 4 in the block "in case anything happens"... She has also told us that she canhear every sound from my sisters flat (despite it being a basement in a Georgian building!!).

I foresee complete nightmares...

clutton_2

if she has signed an agreement and the start date has now passed and the flat is not in a condition ready to live in then as far as i am concerned the contract is frustrated and is not valid..... it is certainly NOT a valid tenancy agreement until she pays some rent..... dont let her pay rent if she does not plan to move in......

Squiggly_Diddly

Thank you

A workman has turned up this morning (as notified to my sister yesterday) & is apparently carrying out most of the jobs that need doing!! The only one that won't be is replacing a smashed panel of toughened glass in the front door. I think it's too far along for her to not move in & she essentially had nowhere else to go as of last night, but I will be contacting the letting agent in writing to document the issues/concerns & continue to push re the front door. And she is prepared to move again at the end of the 6 months if necessary rather than stay somewhere with a bad landlord.

Being a little older & more confident than her (though not necessarily wiser in this situation!) I won't hesitate to pester letting agent/landlord for any problems either...

clutton_2

if she has a child the glass MUST be toughened by law...... what does he plan to do.. leave a darned great hole in the door where there should be glass ????