White goods fail at the start of the tenancy

Yorkie1

The first quote you provided related to a vendor giving good title.

As for the others, you seem determined to litigate this so good luck in proving that there was a misrepresentation - you've already accepted that the goods were working when you moved in. You therefore did not enter a contract on the basis of a misrepresentation.

There's no point in arguing with you any further. You asked for advice. You've rejected it.

As G_M said, let us know how it turns out in court.

schweppes31

Just to bump this up... Estate Agent offered us £100 compensation without any admission of liability which we accepted. We used it to go towards a new fridge/freezer which I bought. The landlord has refused to buy a new one so presumably the flat will be empty of one when we move out at the end of our contract (you couldn't pay us to live here). I might add we only accepted they were in working order because we were told they were. The lesson learned is to always make sure they work in the future and to change have the contract changed slightly to accommodate this - the white goods MUST be reliable. The landlord does not expect us to return a fridge and is unable to insist on this (so whoever said this was clearly wrong), and the estate agent actually organised the disposal of the previous one!

It's amazing how people respond when you fire off a letter that corresponds to CPR Practice Direction Pre Action Conduct. Sadly my knowledge is usually intellectual property...

The LL has been reported to the council who have come to inspect the property. We have some written stuff from them stating it's the building so if they try to get some of our deposit because the wall on our three storey landing is crumbling plaster and paint alike, we have comeback. Incidentally we weren't the ones who reported the LL over the damp, the owners of the flat on the ground floor did, they own the leasehold but not the freehold. The council informed us there was nothing we could personally do except sue the landlord for the loss of enjoyment (this was told to me by the man who stuck some pronged electronic device in the patches of damp), but the people who reported it downstairs who have two young kids (2 and 4 years old) will be able to take further action.

I might add the leaseholders are frustrated by the landlord who refuses to do anything for the communal areas like deal with the damp there. Legally they can't do anything.

BitterAndTwisted

What would a bloke "who stuck some pronged electronic device in the patches of damp" know about anything bar pronged electronic devices which test for conductivity? Would you consult an accountant about your inflamed tonsils, for example?

Have a read of Shelter's site for advice about disrepair issues and how to try to get them addressed.

schweppes31

I assume he was able to deduce that the damp is on a certain wall facing the sea which is about 50m away (we have the top floors of a Regency era terrace facing the sea in a well known south coast city). We have a letter from the council stating it wasn't us so we are happy.

The device tested the damp would test the relative dampness of the tested area compared to the air. There was also a calcium carbide test which identified rising damp AND water leaks. The council's assessment is that faults in the brickwork facing the sea have caused rising damp.

Sadly it's for the owner occupiers downstairs to force repair, we won't be living here in a month or so so can't do much!

The council written to the landlord "recommending" that the landlord fix the damp, but not requiring this course of action be done.

olly300

schweppes31 wrote: »

Just to bump this up... Estate Agent offered us £100 compensation without any admission of liability which we accepted. We used it to go towards a new fridge/freezer which I bought. The landlord has refused to buy a new one so presumably the flat will be empty of one when we move out at the end of our contract (you couldn't pay us to live here).

I suggest you either put the broken one back in or get a second hand one to replace it with, when you move.

If you live in an area with students there should be a second hand electrical supplier near by.

Otherwise you are putting yourself in another battle with the landlord when the real issue is the damp in the building.

Also most landlords/landladies aren't as stupid as your landlord. They replace broken down white goods. Yes you may have to get rid of the broken one by having to move it down stairs and paying the local council for disposal, but you don't have to buy the replacement. This is to prevent you putting rubbish items in their properties that could be a danger to a new tenant.

schweppes31

I suggest you either put the broken one back in or get a second hand one to replace it with, when you move.

We have written confirmation from them they don't want a replacement(!)

I agree most landlords are not as stupid. Nothing like basically moving into a slum property, paying the sort of rent you pay for a new build executive place, and being lied to about all the work that's going to be done on the building the next week that never happens.

olly300

schweppes31 wrote: »

I agree most landlords are not as stupid. Nothing like basically moving into a slum property, paying the sort of rent you pay for a new build executive place, and being lied to about all the work that's going to be done on the building the next week that never happens.

I think the big thing you have learnt from this is never to trust a landlord's promises.

If it's not done at the start then don't expect it to be fixed during your tenancy.

Though I did have one landlord who we asked for shelves in the bathroom, and next day came and put them in himself. He was a builder though and his properties were all in a decent state.

schweppes31

Agreed totally. It's quite sad, and unfair on all the honest landlords (we've never had one like this before) but my conclusions from this are to treat all landlords with extreme caution.