Daughters student bedsit flooded, and landlord on holidays. Rights?

mabinogion_2

My tale of woe for the day: Rammed the car full of daughters worldly goods today and headed for her new and very wee single person basement flat - all officially signed and paid for the previous day at the agent's office.

On arrival I noticed the floor, rug and a part of the kitchen wall was soaking wet with electical and phone sockets alongside. The place was uninhabitable so we unloaded all her stuff on the bed and found her somewhere else to stay temporarily. The landlord's agent is uncontactable as its a public holiday weekend in Glasgow.

Once they find the source of the water, the wall repair will be a major undertaking. Can anyone suggest what rights we may have if this takes a long time. Can we withhold further rent, or even withdraw from the property without financial loss? Its in a great location but I can't see it being habitable for some time.

thanks

BitterAndTwisted

In the first instance I would use the tactic that the property is uninhabitable and that your daughter will therefore not now be able to honour the contract.

mabinogion_2

Thanks B&T. I have taken lots of photos and emailed the agent about the problem but they are not open until tuesday due to the glasgow bank holiday. Will let you know how it all pans out.

cheers.
Mabinogion

lizzielondon

do they not have an emergency number?

Sambucus_Nigra

Go get her stuff and get her out of there; if they haven't given you an emergency number knowing they were away for 3 days and she was moving in; then how hard will they be to get hold of in the future?

mabinogion_2

They gave the number of a handyman but thats it. Easier said than done to go get her stuff out of there again. Wish it was an option, but we're at work the rest of the week and can't get time off to make the trip again for a while.

Mind_the_Gap

It would be worth your daughter's while to remove all her stuff immediately (by taxi if need be) and sleep on a friend's floor, or plead with the University Accommodation Office to help her find somewhere for a couple of weeks. If she leaves her belongings in the property, the LL may use it as proof that the tenancy has commenced and at that stage it is far harder for your daughter to get out of the contract.

Inform the LL in writing that due to egress of water the flat is uninhabitable and because he was uncontactable, your daughter did not move in and had no option but to move in elsewhere.

It's ridiculous for a LL to go on holiday leaving no contact details, especially at the start of a tenancy when things can and do need sorting out in rental properties. The number of a handyman is no use in these circumstances unless the HM is empowered to instruct contractors for major repairs - which is unlikely. You could ask him, just to be sure. Alternatively, the letting agent will certainly have his number and should be pressured into contacting him to advise him that he is in breach of contract and that emergency repairs are needed before your daughter can move in. Even if the LA was only employed on a tenant-find basis, he is still repsonsiblefor making sure the move-in goes smoothly. Nag the agent.

How much has she paid him so far?