Can I get my rent back?

walker123

Morning all

Hoping someone can help me. I took out a tenancy on a property on a Saturday. It is managed by an agency who have a huge customer base. I have heard very good things about them from numerous people BUT..

I attempted to move in last night, had arranged removal men the lot. I went down early to do a quick clean, and hit the following problems:

- the water pressure is next to zero (it is barely a drip!). This is all taps: kitchen, bathroom and WC.

- there is no hot water

- doesn't appear there is any heating, and I am not 100% sure because I haven't lived there it is possible I have the thermostat stuck on a timer

- the door between the living room and passage, which leads to bedrooms and bathroom is wedged shut. The handle is working but the mechanism is not as the catch is wedged shut

- there is a panel missing off the bottom of the boiler, which specifically states it shouldn't be removed without disconnecting the mains yet is lying on the kitchen bench.

I have been given no emergency numbers for them and their website doesn't have one on ANYWHERE! Tried to ring the offices and none on the voicemail system and no answer.

I have emailed them this morning but am I entitled to a refund in rent from Saturday to today? Or can I tell them I am not starting my tenancy until today so the next payment will be due 27th, not 23rd?

Also, am I entitled to any refund for the removal men?

I will give them a call when they open at 9, but wanted some advice before I speak to them.

Thank you, and apologies this was long!:rotfl:

blue_haddock

I think the long and the short of it is no!

You can try but i very much doubt you'll get anything back.

Lovelyjoolz

What was it like when you viewed the property beforehand? Is there a check-in appointment scheduled?

If the passage door was OK when you viewed it and the boiler was intact then it is possible that the previous tenant has damaged the property when leaving. Is the responsibility of the Landlord to put these things right, so the door and boiler should be fixed swiftly. I'm not sure what they can do about the water pressure though.

I can't see them refunding your rent, because you had the keys and were technically able to move in. I hope they put things right for you quickly.

walker123

I have done the check in appointment, and it was empty prior to this. I didn't notice the door problem as I didn't shut it during appointment. The panel on the boiler was off and I did query it and was told it didn't need to be put on.

Surely if there is no hot water, and barely running water (would have taken hours to run a bath) they cannot say I could have stayed there!

xoAmyox

I think that there is a possibility, depending on if you actually stayed there.

The landlord is reponsible for providing accommodation, if this was uninhabitable (no hot water/heating etc) AND you incurred costs to stay elsewhere, then you may have recourse against the landlord.

However, this could be difficult to pursue, and it would be good to see the landlords reaction to resolving the issues before putting up a fight

walker123

To be honest I am hoping they resolve the issues today so I can move in end of the week. I am not too fussed about getting the money back but don't see why I should start a tenancy on 23rd and pay for nearly a week when I CAN'T live there.

HappyMJ

The last tenants may have turned the water off. Have you checked the mains tap is open fully? That may also affect the hot water. That may have also been turned off by the previous tenants along with the heating.

I don't understand why you would get a refund of rent from Saturday when you only tried to move in last night. That won't happen.

Yorkie1

Irrespective of what happens, take photos immediately, make sure that you communicate all of the problems in writing (not just text or email) to the LA / LL, and keep a record of all your unexpected expenditure.

It_can_get_better

Is the property furnished or unfurnished? If it's furnished different rules are applied and an implied term is that the property should be fit for purpose on the day that it's let and so the landlord would be in breach of the contract. That implied term doesn't apply to unfurnished though!

G_M

It_can_get_better wrote: »

Is the property furnished or unfurnished? If it's furnished different rules are applied and an implied term is that the property should be fit for purpose on the day that it's let and so the landlord would be in breach of the contract. That implied term doesn't apply to unfurnished though!

News to me! Can you quote either the Act or legal precedent? No distinction between furneished/unfurnished AFAIK.

The obvious thing to check is the mains water stopcock - usually under the kitchen sink. Sounds like it is off. Turn it on and bingo, water AND heating?

If still no heating, yes, obviously check the timer and thermostat.

Other advice is to put everything in writing to the landlord at the address "for the serving of notices" on your tenancy agreement, and ask that these issues be fixed without delay - ask for an immediate response. Send/deliver a copy to the agent. (no harm banging on their door as well - but DO put it in writing.)

Your rights are to get these things fixed, not to cancel the tenancy or get rent back.

Chances are it is teething trouble - once addressed the property will be fine.

But DO try the stopcock!!

It_can_get_better

G_M wrote: »

News to me! Can you quote either the Act or legal precedent? No distinction between furneished/unfurnished AFAIK.

It comes from very old case law, but was revisited in 1988

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Exch/1843/J101.html&query=Smith+v+Marrable+&method=all

This is the 1988 one, paragraphs 25-27 are the most relevant.

(edit - missed the bit about not being able to cancel, but it is answered in paragraph 25)

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/1988/2.html&query=McNerny+v+Lambeth&method=all