Unfurnished house?????

nickiebabe35

Hi all i need advice urgently!!! My sister and her husband have today signed a contract for an unfurnished house they are renting. After they signed the contract the letting agent said " by the way there is a leak through the ceiling that the landlord hasnt had a chance to fix, also the upstairs toilet may be blocked and the landlord wanted to decorate but didnt get round to it!!!" They paid their money to secure the house 6 weeks ago and the house has been empty for over a week! On arrival at the house it was awful!!! There is SO much furniture in there that they werent told about, sofas, beds, broken wardrobes, shed full of stuff, stuff left in garden, they only knew the white goods were staying. The house is also in a really bad state, 2 leaks through the hall ceiling one of which by a light fitting, wasps nest right by window, damp in every room including mould and wallpaper peeling, cracks in walls, marks on every wall, rotten windows, back door doesnt shut and lock doesnt work so insurance not valid, the list goes on!!! The house is also very dirty. The worst thing is all these faults are listed on the inventory!!! They have rung the landlord and asked them to come to the house tomorrow but i really want some advice as to where we stand before then. There is a dehumidifier in one room and air fresheners everywhere as the damp smell is so strong so we know the landlords know how bad it is!! I'm so gutted for my sister and would really appreciate any help

flappy_mcwarbucks

Did they not see the house before they rented it?

If it was in that state when i saw it, i would have told them where to shove it.

G_M

Wait till tomorrow and see what the LL has to say.

If not satisfied with his proposed action plan for a) removing extra items and b) repairing defects then:

Propose that the LL agree the contract is 'frustrated' (impossible to fulfill) due to the property being uninhabitable and the LL agree in writing that it end or
Call Environmental Health to get the property declared unfit, or to slap on a rectification order

Have they somewhere else they can go? If the tenancy is frustrated they'll need to live somewhere else.
If the tenancy is NOT frustrated, they'll need to get repairs done.

Whatever discussion takes place tomorrow, Get a letter in the post the same day confirming details of any agreement reached, and listing all defects. You need a paper trail.

nickiebabe35

yes they did view it twice and were never told all that furniture would be left there, the leaks had occured since then as has toilet blockage and the previous tenants had ALOT of furniture that seemed to "hide" all the mould patches and cracks!! They certainly would not have rented it otherwise as they were in no rush it was just they loved the size of the house and its 5 mins walk from us but they would not have accepted it. The landlords already refused to remove white goods when my sister asked weeks ago, they said my sister had to store them (even though they are filthy disgusting!!) and most of the furniture they have left is broken or disgusting dirty so we are worried they will refuse to remove it and not sure if we can insist???!!!
Thanks for all your help
Nickie

Wee_Willy_Harris

Your local authority will have a department to deal with sub-standard private rentals, usually under the environmental health umbrella. Your sister should contact them on Monday morning. The usual course of events will be an inspection of the property, a schedule of repairs to the LL and ultimately, if this schedule isn't adhered to by the LL, the council will carry out the repairs and recharge the LL.

There are certain circumstances under which rent may be withheld. I stress that this should be regarded as the method of VERY LAST resort and only applied after very careful consideration. Check the Shelter website for some guidance on this..

Your sister should contact the LL on Monday and advise this course of action. Some of your issues won't be applicable (the furniture, for example) and you will have to resolve them with the LL.

Did they even get a gas safety cert?

nickiebabe35

they did get a gas safety cert but on the inventory by the electrical stuff that is there (they have left a tv on the wall as well) it all says "not checked". the extractor fans dont work and there are big ceiling light fans that dont work and also say "not checked". Do they have to have electrical goods checked??
Thanks so much for all your help, does anyone know the timescale in which repairs ie blocked toilet and mould/damp should be repaired within???
Thanks

G_M

There is no requirement to check electrical goods - not like a gas certificate that IS required.

Is the furniture on the inventory? If not, dispose of it. 'It was never there'.

ALL faults should be reported in writing. Repairs must be made within a 'reasonable' timeframe. 'Reasonable means.... well, depends what needs repairing! For a toilet (and esp if it is the only one in the property) then that is urgent. Same day call out whatever the cost - property is uninhabitable without a working toilet. Without one, move to a cheap hotel and send the landlord the bill.

Do NOT sign an inventory unless it is accurate - you'll be held to it when you leave.

nickiebabe35

The letting agent has listed EVERYTHING on the inventory!!! even empty paint tins left in the garden!! Therefore we dont know what is the LL and what has been left there!!! If we knew we would get rid but dont want to be charged!! They havent signed anything luckily regarding the inventory, it was 21 pages long as so much damage and furniture!! we have added 3 pages of damage!!!
Nickie

theartfullodger

Advice??

Yeah, sister & partner to use more common sense & caution next time.

Sorry to be blunt but are they capable of looking after their own interests??

nickiebabe35

i really dont think there is any need to be rude!!!! :mad: I was only asking for advice as my sister is in such a state over the thought of moving her 2 children in to this awful house!! Unfortunately they are not as perfect as you seem to think you are and whilst i really appreciate the useful help i have received i dont think i will bother next time, i didnt realise people on this forum were like that!!!!