Signed Tenancy and now terrified and desperate

Spacivixen888

Hi there, I really really hope someone can help me? I signed a tenancy agreement 3 days ago and paid the bond and first months rent in cash. The contract i signed is a 12 month agreement which actually commences 1st May 2012. I have the keys now, although the tenancy has not yet started. I have now thoroughly looked around the house and there is major mould in the kitchen behind all the cupboards, there arte huge cracks in the walls where it appears the house is subsiding. All of the window frames at the rear of the property appear to have moved siince being put in as there are gaps around them all. I have a 2 yeard old daughter and daren't move her into the property as i don't feel it's a safe place to let her live now i've seen all of these problems. I have a history of anxiety and panic attacks and can't stop crying now. I can't face the thought of moving into this house which at initial face value looked like a suitable and safe home for my daughter. Is there anything I can do to get out of this. I thought of going to Citizen's Advice but there's no way they'll see me in time and i have to work tomorrow anyway. Given the tenancy doesn't start until Tuesday 1st May is there anything I can do at all?? Also, I have a medical history of anxiety, depression and panic attacks and I am so scared now that I have to go through with this move and i really really can't face it. I thought of going to see my GP but doubt he'd be able to help with this in anyway. I'm due to give notice on my current home on Wednesday and just can't do it and i can't face this now. I wish i'd had chance too thoroughly inspect the house i've signed up for. I'd never have signed if i realised the state it's in. Really hope there's some way I can get out of this as i'm feeling really desperate and can't keep crying like this in front of my daughter. Thanks for any advice at all.

go_cat

Did you view it all all before you signed or did you see online only.
.

pmlindyloo

First the bad news - you have signed a tenancy agreement and you are bound by it for the moment.

Now the good news. First thing tomorrow you must go to your local council and ask to speak to the Environmental Health Officer and the Tenancy Relations officer. The house must be fit to live in. The cracks in the wall and the 'moving' windows suggest, as you say, that there may be something wrong.

The Environmental Health Officer will inspect the property and make a decision as to whether it is fit for habitation. If it is fit to live in then there are procedures to make the LL do any necessary repairs.

In the meanwhile, have you somewhere else to stay until this is sorted out?

Spacivixen888

Hi there,

Unfortunately i did view it beforehand. I looked around and loved the layout and that it's on a quiet looking cul-de-sac and would be an ideal safe location for my daughter with an enclosed back garden. After doing a little research i've learned that as it's not a consumer credit type agreement and that i did look at the property in person, i appear to have no grounds to get out of this. I wish i'd examined the structure of the house as well as the layout, location and decor. I can't believe i missed such obvious problems. There's also a crack in the exterior wall in what would be my daughter's room, going from the window to the corner of the room, but it's just a fine crack at the moment. Is there any way whatsoever I can get out of this. I took out a bank loan to pay for this move to improve my daughter's quality of life, and now i think i've made the biggest mistake ever. Other than my daughter I have no family to turn to for help and i feel so desperate and lost. I can't face packing to move us into this mess.

G_M

Your options are:

1) Move in and deal with repairing issues - if necessary with help from Environmental Health/Provate Tenancy Officer

2) Speak to the landlord and ask to be released from your contract. You are likely to lose at least some of the money you have paid

3) Do a runner and hope you do not get taken to a Small Claims Court

As said above, there are processes for getting repairs done, and for getting a property designated 'unfit' )if it is).

Spacivixen888

Hi there, thank you for replying

As i borrowed the money to move, i will have a month overlap between properties so i can stay at my current address for the next month. The removal van is booked for the 17th May.

I work part-time for the NHS and don't think they'll let me have tomorrow off to try and sort anything out, but i will certainly try my best. I will ask to speak to the environmental health office and tenancy relations officer, even if only over the phone to see what can be done. Ii have to give notice on my current property on Wednesday and am dreading doing that as I really just want to stay here now, as even though this house isn't perfect, i feel safe here.

If i just accept i've lost the £1,200 that i've already paid and just stay put and try speaking to the estate agents in the morning to ask for some understanding, is there any possibility they'll just readvertise as my tenancy period hasn't actually started yet?

pmlindyloo

Spacivixen888 wrote: »

Hi there, I really really hope someone can help me? I signed a tenancy agreement 3 days ago and paid the bond and first months rent in cash. The contract i signed is a 12 month agreement which actually commences 1st May 2012. I have the keys now, although the tenancy has not yet started. I have now thoroughly looked around the house and there is major mould in the kitchen behind all the cupboards, there arte huge cracks in the walls where it appears the house is subsiding. All of the window frames at the rear of the property appear to have moved siince being put in as there are gaps around them all. I have a 2 yeard old daughter and daren't move her into the property as i don't feel it's a safe place to let her live now i've seen all of these problems. I have a history of anxiety and panic attacks and can't stop crying now. I can't face the thought of moving into this house which at initial face value looked like a suitable and safe home for my daughter. Is there anything I can do to get out of this. I thought of going to Citizen's Advice but there's no way they'll see me in time and i have to work tomorrow anyway. Given the tenancy doesn't start until Tuesday 1st May is there anything I can do at all?? Also, I have a medical history of anxiety, depression and panic attacks and I am so scared now that I have to go through with this move and i really really can't face it. I thought of going to see my GP but doubt he'd be able to help with this in anyway. I'm due to give notice on my current home on Wednesday and just can't do it and i can't face this now. I wish i'd had chance too thoroughly inspect the house i've signed up for. I'd never have signed if i realised the state it's in. Really hope there's some way I can get out of this as i'm feeling really desperate and can't keep crying like this in front of my daughter. Thanks for any advice at all.

Does this mean that you are due to move out on Wednesday or planned to give one month's notice on Wednesday?

Are you renting at the moment? Could you stay there until this is sorted?

Sorry, crossed posts.

G_M has given you the options.

If the Environmental Health officer gets involved then you may find you have more negotiating powers with your LL.

HB58

"is there any possibility they'll just readvertise as my tenancy period hasn't actually started yet? "

If they agree to this, I would expect them to charge you the cost of re-advertising and the rent until the propery is let again.

Spacivixen888

Hi sorry think my posts have been very disorganised. I plan to give notice this Wednesday on my current house as that is when my rent payment will be taken from the bank. So i do have a few weeks to sort this out if i can't cancel it before it 'effectively starts'. I have read on other websites that i would be liable to pay rent until someone else signed a replacement tenancy, which there is no way I could do as I only earn enough to pay one load of rent per month, and i will be living at my absolute limit at this new house given that i'll be paying the loan off and a higher monthly rent becuase this new house is more expensive.

In anyones experience, are they likely to actually take me to Court over this if i back out on the grounds i've mentioned and that I just can't go through with it, if i get support from my GP etc based on how hard i find copiing with stress at the best of times (all started when my parents were ill before they died).

Thank you so much for all the advice people have given. I'm trying to process everything but am in such a panic and can't seem to stop crying for more than a few minutes.

pmlindyloo

Try not to worry about all this for the moment.

Once the Environmental Helath Officer has been to the house he will be able to reassure you as to whether the house is safe or not.

Mould behind the kitchen cupboards need not be a deal breaker. Cracks in the wall may just be superficial and nothing to worry about. The windows may just need some putty (is that the right word? Not a DIY expert!) around them.

You said it was in a lovely area so try to think positively.

PS Stop trying to think too far ahead. Deal with one thing at a time. Environmental Health Officer first thing tomorrow.

You have time on your side and somewhere to live while this gets resolved. The environmental health officer will not let you move into a structually unsafe house.

Spacivixen888

Thanks pmlindyloo for the reassurance. My first step will be to speak with the envinromental health department tomorrow somehow and gain their advice and professional opinion. I have a feeling once they see all the cracks in the exterior walls and the kitchen and bedroom they'll be concerned, but whether they'll be able to get the landlord to address it is another matter. The Estate agents told me i could be assured that the landlord would be likely to want a long-term tenant (thus giving me some reassurace of a stable home) and now i can see why they said he wasn't planning on selling it because of it's current low value. I just wish alarm bells had started sooner and i hadn't signed the tenancy.