Letting Agents Issues

MartynK

Hi All,

I wanted to know where I stand legally regarding some miss-information regarding the letting agents and landlord.

My partner and I just moved into a property last weekend and we discovered it was lacking the Fridge/Freezer and washing machine that was stated would be here when we had the initial viewing.

Fast forward to last week, I was told by the letting agents they needed my deposit and first months rent on Thursday 28th due to the Easter weekend to ensure it was in the correct accounts in time.
Fair enough I guess. Come Saturday when I went to collect the keys, I was told the inventory report wasn't ready and I wouldn't get a walk around with the letting agents.
Because I was told the inventory report was delayed and we should get it by Tuesday due to Easter weekend I dismissed this as an issue (in hindsight it probably was an issue)

I tried to call up on Saturday as soon as I arrived at the property to state there was no Fridge/Freezer or Washing machine only find the agents had closed for the day, At this point my partner had brought quite a bit of food with her and we were forced to go out and purchase a fridge/freezer or risk £££'s load of food spoiling.
This again was probably a mistake on our side for not checking the state of the appliances in the flat prior to purchasing the frozen/chilled food.

On Tuesday I chased up the lack of appliances and no inventory with the Letting agent stating that we were told they would be present and I had to pay out money to purchase the fridge/freezer, The Woman on the phone (also the lady who we dealt with initially and showed us the flat) stated that this was weird as she thought it was as well, and said she would look into it for us.
I commented on the fact this was why we took the place as we didn't want to fork out on money for appliances.

I had to chase up again on Wednesday after no phone call only to be told they checked the advertising and it wasn't mentioned, but also that the previous tenants were going to leave them behind, but there was a dispute and ended up taking them. I spoke to the Landlords maintenance(friend) who said that the property never would of had these as stated and the agents hadn't told us properly.
I spoke to the agent again who just kept saying sorry and stonewalled me about the lack of appliances, I also chased up our lack of inventory who said it should turn up soon.

Thursday - still no inventory chased again, said they would email AND post it
Friday - still no (didn't call as was out all day)
Saturday - a posted inventory turned up after 12:00
The inventory was for June/July 2012 - It also lacked recent meter readings and was in fact totally wrong and applied to the previous tenants moving in.

I sent an email out on Sunday stating that and today I just got an email back stating they would amend the date.
I also managed to arrange for the Maintenance guy (who is also representing the landlord) to visit tomorrow for a walk-around and chat for some questions we have.

At this point I am probably going to call the agents again and point out the inventory is out of date and does not contain the large amounts of issues caused by the previous tenant (cracked inner windows, ripped carpet)
These are mostly livable things (repairs can and will be made) however we are now worried that on an exit inventory we will bare the brunt of this.

I sort of feel very cheated now and also blame myself for some of the things I should of checked up on properly however the agents are now more or less saying not their fault, sorry thats it.
The landlord and his representative are saying sorry but we never included these items in our properties the agents told you incorrectly, they are also annoyed that the agents took so long on the inventory.

I will obviously contact the agents again for a proper and updated inventory, But do I have any foot to stand on regarding the issues regarding the lack of white goods and the fact I've had to buy them now?
The tenancy agreement does not confirm or deny a lack of goods, just who is responsible it is if they break or condition etc etc, but this is rather vague and generic and covers the oven as well, only the inventory we received on Saturday (all be it out of date) shows evidence of no Fridge/Freezer and Washing Machine, Only an oven.

Sorry for the wall of text, I realise I might just have to chalk this down to a learning experience next time I rent a property.

Fire_Fox

Told how that these appliances would be there, verbally or in the advert or an e-mail or AST, can you prove it? The letting agent works for and on behalf of the landlord, their mistakes are the landlord's mistakes, the landlord really should rectify this and claim his losses from his agent.

See if you can get someone to admit in writing that a mistake has been made, then write to the landlord (this is whom you are contracted to) asking them to work with the agent to rectify their representatives error., Use the address at which to serve notices on the tenancy agreement.

Do not be persuaded to sign and return the inventory, that is your ace card. Without that they have little way of charging you for any missing or damaged items at the end of the tenancy, essentially the damage deposit is worthless. The inventory does not protect you it protects the landlord, the onus is a;lways on them to prove you damaged something, NOT on you to prove you did not. You do not need an dual signed inventory they do, letting agent has done the landlord up like a kipper as well as lied to you.

They have no way of forcing you to sign the inventory now you have occupation of the property. Frankly if they ask about it I'd refuse to engage in debate politely saying there were missing white goods, multiple errors in the inventory so you will not be signing until this is all resolved. I wouldn't even waste my time explaining what the errors are, certainly not by e-mail or in writing because all this can be used as evidence later.

Start making a paper trail, keep copies of all correspondence until the end of the tenancy, even if you think it is resolved.

G_M

The inventory is only important if it lists the washing machine etc (as that proves the items should be provided). Apart from that

* the absence of a signed inventory is a problem for the landlord, NOT for you
* you should never sign an inventory unless it is 100% accurate
* you cannot be forced to sign
* if signing, correct any errors. Cross out items which are not in the property (no need to add items which are in the property but not on the inventory). Add details of damage which is not shown on the inventory (eg living room carpet, Blue dirty + 5 stains)
* but as FF says above, why return the inventory till everything is provided as promised?

As for the washing machine etc: Write a letter!

Address it to the landlord at the address "for the serving of notices" on the tenancy agreement. This may be c/o the agent or may be the LL's address. Also send a copy to the agent. Quote what you were told. Include any evidence (the originaladvert saying 'washing machine' etc) and ask for it to kindly be provided within the nex week.

Be friendly and polite, but firm.

ps -what is happening to your deposit?

MartynK

Hi Both,

Thanks for the replies and advice.

We will hold of sending back the inventory I think. Its not just missing some items, its entirely out of date after a refurb, the current tenants pretty much trashed the place a bit, so there is no way I am spending a day or 2 re-doing an entire inventory on their behalf (Although we have updated a copy for ourselves including photos and comments should we decide to return it)

What would be the best course of a reply however as the letting agent WILL chase us regarding us not signing and returning.

Regarding the Fridge and Washer, sadly no, it was only word of mouth from the letting agents when we initially viewed the flat. Then when I followed up (on phone, wish I'd emailed) said the woman was confused it wasn't there either and said she'd look into the advert, Only to call back later to say no, it was the previous tenants who had a dispute and decided not to leave it, and thus not on the advert.

The deposit is being held by a 3rd party company at the moment.

Turnbull2000

MartynK wrote: »

Regarding the Fridge and Washer, sadly no, it was only word of mouth from the letting agents when we initially viewed the flat.

Nothing you can do then. You could politely ask the landlord to provide one, if not, you'll have to get your own.

BitterAndTwisted

"What would be the best course of a reply however as the letting agent WILL chase us regarding us not signing and returning it."


You: "Sorry, but the inventory sent bears no relationship to the property and its contents at the start of our tenancy. If you want to arrange for a new inventory to be done, you're welcome to come round and do it. There are far too many inaccuracies and deficiencies for us to spend our own time in rectifying it. Bye!"

And make sure that's in writing to both the agent and the landlord, even if you just send a note to confirm after a phone conversation. Keep a copy for your own records, as I have a feeling that you're going to need it.

MartynK

Thank you all again for the advice.

I managed to dig out, using my browsers cache, the old advert on the letting agents site which unfortunately corroborates the agents story of no mention of appliances at all.
This one, I will have to chalk down to experience and next time ask to see it in writing before handing over money or signing anything.

I will contact the agents and cc in the landlord and his maintenance guy regarding the inventory stating that it bares no relationship to the state of the property when we moved in.

We do not wish to update it ourselves due to the large amount of missing points and inaccuracy's as neither my partner and I trained to carry out these checks and do not wish to be held responsible if our updates are not accurate.

If you require a signed inventory, then please arrange for another up to date inventory to be carried out.

BitterAndTwisted

Please bear in mind that it's usual for the tenant to pay for the check-in inventory to be carried out and the landlord the check-out, or vice versa BUT not both.

Check your tenancy agreement for mention of this charge.

MartynK

Yeah the landlord paid for this one, so thanks for that bit of advice. I'll check it this evening

alta

A inventory has to be compiled BEFORE the tenants move into the property, to show the condition on move in. Once the tenants have moved in how are you able to tell the condition of the property. DO NOT sign the inventory, put in writing to the agent that it is not acceptable, therefore you want noted that an suitable inventory was not given. Also contact the LL, he will have paid for for it and should not be happy with the service.
They can not force you to sign, if you want peace and quiet, then return it with out signiture a write across it unsuitable, incorrect date, and get them to dign it and photocopy it.