Rental Agreement

petunia100

I have rented a place on a shorthold tenancy agreement. I have paid 3 months up front (at their request) and a months deposit. Having just got the keys I have gone in to find it in an appauling state and full of rubbish ans old appliciances. It's so bad I couldn't move in. I was promised it would be cleaned and all the rubbish removed. I am now extremely worried that this bodes ill for the future if the letting agency/landlord are treating me like this already I do not want to move in.
Because of this I feel that they have broken the contract and feel I should be entitled to my money back.
Any advice please?

gordonbennet

I agree this is a very unprofessional way to let a property and doesn't bode well for the future. However, unless you have it in writing that the place is (or will be) cleaned to a certain standard, I'm afraid they haven't broken any enforceable agreement. Was there no inventory done at the point of moving in?

Assuming not, the first thing to do is to take detailed photos of the property showing all the mess. Next phone the agent to find out what is going on.

If you have anything in writing saying that the place is clean and tidy at the point of letting and they don't sort it out immediately, write a letter outlining everything that is wrong, stating that if they do not put it right by X that you will be forced to employ professional cleaners / removers and charge the cost to the landlord through deduction from the rent.

Make sure your deposit is properly protected in one of the 3 government approved schemes to avoid any problems at the end of your tenancy.

Gorgeous_George

Keep receipts of any costs involved and claim them from the landlord when the problem is resolved.

It is hard to believe that a lettings agent could be so incompetent.

GG

BitterAndTwisted

It depends on what kind of contract the agent has with the landlord. It could be that landlord is just using them for tenant-finding.

Unfortunately, if you have signed the rental agreement, there's no way of getting out of it. Take photos of everything then contact the agent by phone and follow it up IN WRITING.

I'd be minded to pop round to the agent's office with my photos now. Saturday is likely to be their busiest day.

petunia100

BitterAndTwisted wrote: »

It depends on what kind of contract the agent has with the landlord. It could be that landlord is just using them for tenant-finding.

Unfortunately, if you have signed the rental agreement, there's no way of getting out of it. Take photos of everything then contact the agent by phone and follow it up IN WRITING.

I'd be minded to pop round to the agent's office with my photos now. Saturday is likely to be their busiest day.

The rental agreement is with the letting agent.

petunia100

We have since found problems with the electrics and gas both of which don't comply with health & safety, therefore it is not safe for human habitation. We have not been able to move in therefore will have to extend the tenancy on our present property.

Therefore I feel we would have a strong case to end the contract and get our money back. We have taken several photo's of the problems. I'm certainly not going to put our safety at risk.

Any advice?

BitterAndTwisted

Your rental agreement is with the landlord with the agent acting as the landlord's, ahem, agent.

You have signed a mutually binding contract and the only way to be released from it is with the landlord's express agreement IN WRITING.

Get round the letting agent's office and see if you can get them to agree to have you released from the contract with the landlord. Talking in a very loud voice in front of all of their other clients might prove to be rather persuasive.

real1314

petunia100 wrote: »

We have since found problems with the electrics and gas both of which don't comply with health & safety, therefore it is not safe for human habitation. We have not been able to move in therefore will have to extend the tenancy on our present property.

Therefore I feel we would have a strong case to end the contract and get our money back. We have taken several photo's of the problems. I'm certainly not going to put our safety at risk.

Any advice?

You would need evidence from a qualified professional to determine that the gas / electric is not safe. Even so, this would not neccesarily mean it is not fit for human habitation, especially with electrics.

Have you had a gas-safe engineer in? Or an electrician?

:cool:

petunia100

real1314 wrote: »

You would need evidence from a qualified professional to determine that the gas / electric is not safe. Even so, this would not neccesarily mean it is not fit for human habitation, especially with electrics.

Have you had a gas-safe engineer in? Or an electrician?

:cool:

My husband is Part P qualified in electrics and is a health & Safety rep so is pretty well up on the legislation.

The agent has since seen the property and has agreed the work has not been done properly. Surely they must have broken the contract because we have not been able to move in on the agreed date and as yet don't know when it will be habitable.
I don't see why we should we pay money for a place that the agent agrees is unacceptable and have to pay for our present property as well.

BitterAndTwisted

You might not see why you should pay for it but your contact says that you will.

What remedies has the landlord's agent agreed to? Perhaps there might be some scope for negotiating for the rent not to be due and payable until the property is in an appropriate state but this is down to the landlord. The agent's hands may be tied and they may not be holding the landlord's funds to arrange for the cleaning etcetera to do be done. Get negotiating!

Kohoutek

petunia100 wrote: »

The agent has since seen the property and has agreed the work has not been done properly. Surely they must have broken the contract because we have not been able to move in on the agreed date and as yet don't know when it will be habitable.
I don't see why we should we pay money for a place that the agent agrees is unacceptable and have to pay for our present property as well.

Read the contract - what does it say regarding the condition of the property on the date you executed the contract? Does it incorporate a schedule of condition or inventory?