Flat taken based on pictures... Not the same as pics.. Help?

Renter2

Hi there

I'm hoping someone can give me some advice. I'm in an awful state at the moment with worry. Basically my partner has been given a job in London as a promotion. I live in Scotland with our son. He has been incredibly busy in the run up to the big move for him (business trips ect). He couldn't really afford to go visit and just didn't have the time so he seen a nice flat in London for £1000. The pictures were very nice. He was promised it would be professionally cleaned, new modern furniture (given link to the shop they used and look all very nice), painted and new carpets.

The woman he was dealing with has called in sick so he was given the keys by another woman. He has gotten into the flat and has sent me pictures and I feel sick to my stomach. It has mold climbing the walls, dirty everywhere.. Floors walls definitely hasn't been professionally cleaned. Walls are very dirty with paint off it in some places. The Couch has mold and stains everywhere. The bed mattress is brown with stains. It is uninhabitable. Definitely couldn't bring my son down to visit him in that condition.

He was told by the woman he has 3 days to raise any concerns but the woman he is dealing with is sick and who made the promises. And he can't stay there tonight so is going to a hotel. Can he pull out of the contract and get a refund? Even less any amount for taking off the market... Which was £250? Or is he stuck for 6 moths

I vaguely remember in my business law degree that if one party fails in their side of the contract I.e new furniture and clean and painted in this case then the other party can rescind the contract?

Any advice please I'm feeling absoltely awful for him thanks.

theblagger

I vaguely remember in my business law degree that if one party fails in their side of the contract I.e new furniture and clean and painted in this case then the other party can rescind the contract? I think your right..as he took the flat on the basis that it had been professionally cleaned,and all furniture replaced etc. ...however in the contract did it state that the house was cleaned to a professional standard..and did he undertake/carry out an inventory check....or just took it on the pics shown/displayed..

jacques_chirac

It doesn't matter that the other woman is sick, he needs to speak to the woman that is there. Is this a proper agency or some Gumtree type ad?

Renter2

Thanks for your reply. The estate agent are saying this is not an option but I don't know where he stands legally. The promises were made by email by the lady he was dealing with. I'm not sure what the contract says exactly in writing but I'm sure that promises made verbally /in email make up the contract as well as he relied upon this information to take the flat.

He asked for an inventory prior to moving in but was from 2006 so not up to date and hasn't been given an up to date inventory.

theblagger

Has he signed a contract accepting the state it`s in...

real1314

I presume he has been provided with a address for serving notices?

He needs to put all of the issues in writing to the address. Keep a copy and get proof of posting from the post office.

It's difficult to break a tenancy contract in these circumstances as the vast majority of the contract has been fulfilled - it's a building with the relevant dimensions / facilities / location.
The degree of cleanliness is often too trivial to break a contract - you couldn't reject a 2nd hand car if it wasn't clean enough or the paint finish wasn't what you expected.
You can however require the contract to be fulfilled adequately, by requiring proper cleaning and any damp / mould issues being addressed.

Renter2

It is an agency in Cental London. He has called 3 times now and told they are trying to get hold of the woman he was dealing with and she will call him back. It's only a receptionist in the place who said the woman is busy and can't call him but that he can hand the keys into security at the flat and they won't start the contract until Tuesday and will get the place sorted but they cannot promise to pay his hotel. My partner then said he wanted to cancel and the receptionist said "don't quote me on this and these calls aren't recorded so this is why I'm telling you this but I'm only a receptionist but I think there is 14 days to pull out if it is unsatisfactory." He is going to a hotel just now and is going to email the lady he was originally dealing with who made the promises with the moldy photos ect saying he is in a hotel and wants to cancel. Don't know if it can be done tho

Renter2

If he agrees to let them fix it and move in on Tuesday would they be liable to contribute to his hotel does anyone know? It is £100 a night at the premier inn near to him.

BitterAndTwisted

There is no 14 day "cooling off" period for rental properties. You sign and accept the keys or you don't.

I am assuming that as he has been issued with keys to the property then he did sign the tenancy agreement. Is that the case?

Renter2

Yes that's right

RAS

he probably needs some advice as to whether this counts as misrepresentation.

I would suggest contacting the Private Tenancy Officer and Environmental Health at the Council and finding out if this company is "well-known". What comes up if you google the company?