Landlords breaking agreeements

cardiffgull

My girlfriend recently moved into a shared property, which she had viewed at the end of June, and while it was still unfinished, she agreed to take a room as of 1st July, based on promises the house being finished to an agreed standard.
However, when she went to move in on 1st July, the house was still a building site – no fridge, exposed copper pipes, paint tins left in the hallway, living room stacked shoulder high with garbage.

She complained about this, and agreement was made with the letting agent that they had broken their promises, and they would refund the £100 agency fees she had paid, and also 9 days rent (it being 9 days before the house was what could reasonably be described as habitable, of which we have photographic evidence)

Throughout the month, the other housemates turned out to be a horrible bunch, smoking in the house (despite warnings from the landlord), growing weed in their bedrooms, and causing huge amounts of damage to the property. We made the landlords aware of this, but at no point did they come and make an inspection of the property. We have copies of all the emails sent.

As a result of this, she was unable to continue living there, and gave notice in person on 30th July that she would be moving out the following day, 31st July, the last day on which she had already paid rent for. When giving this explanation to the letting agent, we agreed with him verbally (and followed up with an email, although this wasn’t replied to) that for the sake of moving this through, we were happy to forgoe the previously agreed 9 days rent refund, and simply wanted to get back the management fees, and the full deposit (which the landlord agreed was due, as two other housemates had taken full responsibility for any damage caused)

However, two days later he has come back saying that the management fees will no longer be refunded, and that the deposit will be withheld to cover the one month notice period.

We appear to be stuck in a deadlock, which highlights how little protection tenants have.

So my questions are;

1) Is one month notice period implied and mandatory, even though she never signed a tenancy agreement with them (she had twice left work early, unpaid, to go and sign a contract, only to find that their office locked at the agreed time?)

2) If she never had a signed contract, is the letting agent/landlord still obliged to have placed her deposit in a deposit protection scheme?

3) What are the next steps on this? Are the Citizens Advice Bureau the correct people to speak to about this?

I would appreciate any thoughts/experiences on a similar scenario, as it is so frustrating that they have taken so much money in exchange for incompetence and lies!

Thanks

jamie11

cardiffgull wrote: »

1) Is one month notice period implied and mandatory, even though she never signed a tenancy agreement with them (she had twice left work early, unpaid, to go and sign a contract, only to find that their office locked at the agreed time?)

No, she took the tenancy for a fixed term. The landlord is entitled to charge her for the whole of that term

2) If she never had a signed contract, is the letting agent/landlord still obliged to have placed her deposit in a deposit protection scheme?

An ast under 3 years in length can be oral, it is just as binding. and Yes, the deposit must be protected and the prescribed information sent.

3) What are the next steps on this? Are the Citizens Advice Bureau the correct people to speak to about this?

They are only going to tell you what the law is.

I would appreciate any thoughts/experiences on a similar scenario, as it is so frustrating that they have taken so much money in exchange for incompetence and lies!

Thanks

I appreciate that's not what you want to hear but the law is quite clear, if you want to break an agreement early then you have to pay for the inconvenience, it sounds as if the landlord was fair about the late entry by refunding some of the rent and agency fees, but it's not their fault that your lady friend finds the other tenants incompatible. Please remember that the agency works for the landlord, not you, and so has to carry out the landlord's instructions