first time tenant desperate for advice please

damour

Due to financial difficulties we sold our house, this happened very quickly only on the market for 1 day, to a cash buyer no chain, and asked for a 8 week completion,we had no intentions of buying but to rent short term, reason being my husband has cancer, has been off work a long time so there is only my income with two children at home. The estate agent that sold our house is also the agent for the house we have found to rent, when we viewed the house there was a few pieces of furniture still in the house from previous tenants and 'work in progress' as the agent described, ie.. rooms being painted, we pointed out a water mark on the bedroom ceiling was told all would be sorted.15th October got the keys ( 2 weeks from viewing the house) We complete on the house sale on the 2.11.2012, so we wanted the house a few weeks before so we could move in slowly, trying to elimate to much stress for my husband. The agent met us a the house to do the invertory(I think thats what they call it) to our horror their had been another leak in the bedroom & previous water mark still there, in the dining room along two walls is damp, black up the walls and the paint peeling away, the agent expressed no concern. I complained they sent a builder round, been told its a big job to fix. Agent now saying that the owner of the house does not want to pay out for the works.At my witts end have paid out £2000 pound in rent,bond and fees, the house is not suitable in its current state for my husbands health, how to I stand?

keyser666

The date appears to be wrong in your post.

Does the landlord have insurance?
Is the place inhabitable?

I would expect teh leak to be repaired and some heaters/fans brought in to dry the place out.

Zorz_2

Take several photos of the house (in order to document the condition). Report this in writing to the agent and landlord (so you can have a papertrail).

If they refuse to fix things you basically have 2 options:

a) Stay there, report the condition to the Environmental Health dept of your Council. They have the ability to compel your landlord to get his act together and fix the house. However, it will probably be an uphill struggle, which is the last thing you need now, with your husband's health. Soy, you might consider option b...

b) Search for a different house. Then get your courage and openly ask the agent and LL to release you of the contract and return your deposit, otherwise you will report them to Environmental Health.

Fire_Fox

Welcome!

Write to the landlord describing the issue and noting that your husband has cancer so cannot be exposed to damp or mould, You are requesting return of all money paid to date and surrender of the tenancy without penalty. Send two copies from different Post Offices and retain the proof of posting. Do not keep anything in the house and do not use it.

Secondly contact Environmental Health at your local council request an urgent inspection based on your husband's health issues, they can deem the house uninhabitable. This means you would have to be rehoused at the landlord's expense or released from the contract.

damour

Thanks for your quick response, The agent said the landlord does have insurance but dosn't want to go down that route!!!!!
I could not live with my family in the house with the damp you can smell it and its only going to get worse during the winter months. I have taken photos already I did mention to the agent that I may have to pull out of the signed agreement for 6months rental, his reply was ' but you may be liable for the rent if the landord does not agree, and how I may loose the buyer of the house if we do not complete on the 2nd November'. is this ture and would I only get back my deposit.

anselld

Don't rent from a LL who can't be bothered/afford to maintain their property. They have failed to offer the property in the agreed condition so you would not be liable if you pulled out, though you may well need to prove this via small claims court.

None the less better to find somewhere acceptable, preferably via a different agent and then fight for return of rent/ deposit.

Fire_Fox

Please follow the process I posted, I have explained what can be done. Ignore the agent they are talking about a mutually agreed surrender not on any specific grounds, you have reasonable grounds. You are not pulling out so you should not have said that, the landlord is not holding up their end of the contract by providing you with a safe home. Remember you are contracted to the landlord not the agent, the landlord has the repairing obligation not the agent.

If you have exchanged contracts on the house you are selling you MUST complete, you could lose tens of thousands of pounds. Have your conveyancer explain how serious it is to exchange but not complete.

damour

thankyou, I am so pleased that I came to this site, i will act upon the info that has been given first thing Thursday morning.

Goodnight all.

Fire_Fox

Let us know how you get on and keep updating the thread, there are plenty of regulars who are professional and responsible landlords or who otherwise have a very good grasp of the law. Hopefully EH will support you. Good luck!