Complete hell. Landlord and letting agent are rubbish

raa_thistle

First the basic facts (I apologise, but this is a long one, I'll try to make it as short as possible).

We moved into our house on 10/07/06
We are three students, paying £746 PCM in total ( I think, but its roughly that)
The landlord has commenced massive (no really) building works, turning a 3 bed semi inot a 7 bed monstrosity, all whilst we are still living there.
We have builders every day except sunday
The builders use our kitchen for water, as no outside tap is available - consequently soil and sand are left all around the sink every day
The builders are using our electricity to run the cement mixer etc.
The kitchen roof is currently chipboard, with plastic sheeting, but there are holes through which the rain gets in.
- consequently the extension cables (I know) that the fridge and cooker run off have blown, meaning the fridge basically defrosts all the time as anything we use gets wet and blows
- the light in the kichen keeps tripping the lights circuit for the whole house because it gets wet.
They have not started proper internal building work yet, and so it is only going to get worse
We approached the letting agent a week and a half ago to inform the landlord we required a sig. reduction in the rent, due to the conditions (ie next to nothing, he wouldnt be able to let the place as it is), but they have done essentially nothing, and when I went in to see what his answer was, they basically just said "give us a figure and we will ask him", which took them a week and a half.

Could we terminate the tenancy agreement (a 12 month short hold i think) on the grounds that they are in breach of the contract, due to us not having quiet enjoyment of the property, or indeed use of a property in the condition in which it was let to us?

If we are unable to terminate, are there any further courses of action open to us?

The main problem is we are all final year students, with massively full timetables and so cant be pestering them all the time, or go to the CAB.

Can someone help?

silvercar

you are entitled to "quiet enjoyment" of the property. there is no obligation to allow access to builders etc. I would suggest locking the doors behind you when you go out in the morning.

PoorDave

Where do we stand on changing the locks?!

Would be tempting...builder's who can't get in phone landlord who comes over with a key while you're out/still asleep if before noon, obviously (too much to resist!), only to find that the key doesn't work - how embarrassing...

PoorDave

Quiet enjoyment - sounds like it's not quiet, and your not enjoying it! Complain to the letting agent as loud as you dare i.e. "we're not leaving your office until you start phoning people to stop this happening.

clutton_2

the landlord has no right whatsoever to be doing this. The legal right of "Quiet Enjoyment" is enshrined deep in British law to protect tenants from this.

Did you get the property from your university lettings agent ? or university accomm officer ? if so go and see them and tell them what has happened.


if you got it from a private lettings agent - then you must talk to them, and follow up every conversation in writing.

If they will not act, my view is that the landlord is in breach of his agreement in a big way, and i would guess that you would not be in breach of your agreement if you leave early.

However, how can you find somewhere else - as he probably wont give you a good reference and he may not give you back your deposit.

So, how to make life better. Write a letter to La suggesting that an outside tap be provided immediately for the builders as you are not willing to have them come into your home. Tell that you will contact Environmental health if they do not immediately sort out an alternative source of both water and electricity for the builders.

Before you do this, may i suggest you look on your local authority planning department website just to make sure he has Planning Permission - if he has not, then, the LA may want to negotiate with you far more readily !!!!!!!

raa_thistle

Unfortunately he does have planning permission, although he has changed what is in the original plans, and as far as we are aware there is no amendment on the file. Basically he is changing the planner approved garage into another downstairs room - ie bedroom, and is not siting the kitchen in the same place. I doubt he needs the amendment for the kitchen, but surely the garage does?

The LA have been awful. We gave them a letter listing all the faults and issues with the property, asking to negotiate with the landlord to sig. reduce the rent. In 10 days they didnt call us at all, despite three mobile numbers and the house phone being on the letter, and when I went in the response was, "Ok, hes put up an offer, but its too high still. What do you want to pay?"
When we asked what his offer was they wouldnt tell us, so we had to pull a figure out of the air (a very low one though).

I think there are other student houses available from now until july, so if we can get out of the contract early, then we probably will.

Thanks for the help though

clutton_2

he cannot make another room without planning - phone planning and "dob him in "!!!

actually, if it was me i would change the locks ! that would really focus his mind on things......

MJMum

I agree, that in this situation, I would change the locks.

If there is a serious issue with the house, that needs to be fixed, then it would be OK to have some building work, but what he is doing at the moment needs to be done AFTER you move out. :rolleyes: It's not for your benefit and you don't need to put up with it.