Renting problems: Day One

mattgad

Hi all,

This is my first day of renting a new property. I've not actually been there yet, but my girlfriend has. The landlord was supposed to be here with keys at 10am. It's now 1pm and he's not here. But she's been able to look at the property through the windows...

She tells me that the front door handle is broken off (usually people tend to use the back door), that one of the bedroom windows has a huge crack in it, and that the old tenant has left the place dirty and has left mugs and other items in there. Is it now the landlords responsibility to sort this out BEFORE we are due to move in? How on earth is he planning to assess for the old tenants deposit if he moves us in without looking?

We don't want to move any of my stuff in, since no contents insurance is going to be valid if I have a broken door. This is all really unacceptable.

Can anyone give me some advice? I'm really not sure what to do here.

Thank you.

G_M

Until you get access there's little you can do.

You should receive a check-in inventory which describes the state of the property. Go through it carefully and do not sign if any defacts are not listed. This will form the basis of comparison when you check out.

If you do not get an inventory - don't worry. It's more a problem for the LL than for you.

Either way, put all your concerns in writing. By all means discuss any problems with the landlord, but follow up with a letter listing everything you discuss.

Ask for a timescale for getting repairs done. He should do them in a 'reasonable' period of time.

If the property is dirty, ask him to arrange professional cleaners. He does not have to but
1) if he does, then when you leave you will need to leave the property cleaned to the same standard
2) if he does not, you can leave the property in the same state as you found it.

may_fair

Did you not see the disrepair when you viewed the property? Did LL agree to clean the property before you moved in?

LL has no statutory obligation to provide a newly cleaned property unless he expressly agreed to, but he does have an obligation under s.11 Landlord and Tenant Act 1985 to repair the window and door.

If LL fails to carry out these repairs, there is a (strict) procedure whereby you can arrange the repairs yourself and deduct the cost from the rent. You can find it in this link.

princeofpounds

All good advice. I would also suggest that you take your own inventory and take photos, make copies and mail to LL if there is any dispute with any check-in inventory provided. You just need to cover your own backs with evidence.

Anything that is broken you can get repaired, either through the process may_fair linked to (google Lee Parker vs Izzet 1971 if you want some legal background) or through involving environmental health for hazard issues. Of course it's the LL's duty in the first place, so complain in writing right away.

Cosmetic issues can't be addressed but you can always ask LL for permission to paint etc (get it in writing).

If the old tenant left anything of value don't throw it away right away, as you might have some responsibility towards it, but if it's just junk clear it out.

If the property is dirty on entry you can leave your own dirt on exit.

mattgad

Thanks for all of your replies.

The previous tenant was apparently sorted under a different letting agent, and that it was their responsibility to come and sort the house out. Although I think maybe they are right in saying the old letting agent was responsible for the move out, the new letting agent should be responsible for my move in.

The landlord has turned up, and was shocked and mortified at the state of his house, but has agreed to sort all of the problems out, and refund us the proportion of the rent for where we aren't living in the house. Luckily we both live with parents at the moment, so have somewhere to go in the mean time.

maninthestreet

Sounds like the LL is a decent person.