Renting - Wrongly advertised and no inventory...

Moneysaver86

Hello,

I was wondering if I could get some advice. I have just started renting a new apartment. among my rental requirements were a parking space and that the building has a free gym. The apartment I finally chose had both of these things (and a swimming pool and sauna!), or so I thought.

When I came to view the property I asked the estate agent where the gym was and she pointed in the general direction but we did not go and visit it. Now I have moved in I went to the gym today to find out that it is 'closed until further notice' and, after speaking to other tenant I find that this has been the case for quite some time.

I feel cheated. even of the 11 pictures shown on the rightmove listing, 4 were of the gym, sauna and pool! My partner and I worked the price of gym membership into the price of the apartment we are renting and would now have to pay further fees to use another facility.

What I am basically asking is, do we have any rights to a rent reduction or anything like that?

Also, we have not been provided with any inventory of the property, the estate agent says that we should do this ourselves, sign it and send it to the landlord. however, I do not really want to do this for fear that we will miss something out that could result in deductions from our rent when we leave. Would it be better for us to not make an inventory?

Any help would be greatly appreciated.

Yorkie1

The lack of inventory works in your favour - if the LL can't prove the condition at the start of the tenancy, s/he will struggle to prove that any deductions from the deposit relate to damage etc which arose during the tenancy.

I don't think you're entitled to a rent reduction but see what other posters say.

real1314

Moneysaver86 wrote: »

Hello,

I was wondering if I could get some advice. I have just started renting a new apartment. among my rental requirements were a parking space and that the building has a free gym. The apartment I finally chose had both of these things (and a swimming pool and sauna!), or so I thought.

When I came to view the property I asked the estate agent where the gym was and she pointed in the general direction but we did not go and visit it. Now I have moved in I went to the gym today to find out that it is 'closed until further notice' and, after speaking to other tenant I find that this has been the case for quite some time.

I feel cheated. even of the 11 pictures shown on the rightmove listing, 4 were of the gym, sauna and pool! My partner and I worked the price of gym membership into the price of the apartment we are renting and would now have to pay further fees to use another facility.

What I am basically asking is, do we have any rights to a rent reduction or anything like that?

Also, we have not been provided with any inventory of the property, the estate agent says that we should do this ourselves, sign it and send it to the landlord. however, I do not really want to do this for fear that we will miss something out that could result in deductions from our rent when we leave. Would it be better for us to not make an inventory?

Any help would be greatly appreciated.

1. You should sign the inventory. Refusal will not count in your favour if it comes to a dispute, in fact it might appear that you had contrived to avoid signing to avoid liability.

2. You could ask for a rent reduction, but there is no specific regulation or right that would automatically govern this situation. Contract law would be your recourse, and to enforce that, you'd have to take the LL / Agent to court.

:cool:

dancingfairy

The OP is not saying that there is an inventory and they don't want to sign it - there is no inventory.
In theory it should work in your favour if there is no signed inventory at the begining of the tenancy but they may have other proof as to the condition of the property prior to letting ie photos, receipts for cleaning this that or the other which would suggest a certain level of cleanliness etc.
I would probably do a mini- inventory but don't necessarily send it to the agents as as you suggest it could leave you liable if you forget something and it could take hours, even days to do a really, really thorough one. Just take a few photos (dated) and maybe any really noitceable defects etc - anything that jumps out and keep it all safe in case of any problems later on.
In terms of suing them perhaps go and get a free/cheap initial session with a solicitor who should be able to tell you fairly quickly whether you have a case or not. Bear in mind that legal action is likely to ruffle the feathers of the agents so they may seek to make your life as difficult as possible or persuade the landlord to get you out after the initial term. How much money do you feel you have lost out on? Unless you have proof of the property adverts etc and it's a lot of money it might be better to chalk it down to experience and forget about it
df

real1314

Mis-read it, soz.

Do as last poster said, mini inventory, scant on detail of condition on anything that's fine, include every single blemish, mark, fault, problem or issue though, to cover your own back. :cool:

G_M

Inventory.
What is the general condition of the property? If poor, then it is important to establish this now so that when you leave you can show you are returning it in the same state and not be blamed for the poor condition.
So if there are scratches/marks on the paintwork, chips in the woodwork, items not working, stains on the carpet etc - photograph them, document/describe them and send to the landlord to sign.

If the condition is good, there is little need to do anything. When you leave, if the LL claims you have damaged something or left something dirtier than when you arrived, well, he'll be right won't he? (unless he's lying and you dispute the actual condition when you leave).

Gym.
If you can show that the rent includes the use of a gym, and it is not provided, the LL is in breach of contract. Evidence of this might be within the actual tenancy agreement, OR the advertisements. I'd argue that 4 photos of the gym in the advert is pretty conclusive.
In the first instance, write requesting compensation in the form of a rent reduction. Explain how much reduction you want, and how you arrived at that amount. Keep it informal and friendly, but make clear what you want. If the LL agrees, or compromises, fine, if not you'll have to go to a Small Claims Court.

My guess on the limited info you gave is that you would win, but this is not guaranteed. Also you will seriously mess up your relationship with the landlord! Does this matter to you? Might you want to extend your tenancy later? Or get a reference?

Up to you how far you take it.

pinkshoes

If it clearly stated on the advert for the tenancy that it included use of a gym and pool, then I would be demanding a reduction in rent equivalent to whatever the fees are at the local gym for a monthly membership!