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

13

Comments

  • RAS
    RAS Posts: 36,549 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 August 2013 at 6:35PM
    If he has already signed up for the property, legally they can insist he takes it as it is.

    Do not whatever he does move in until it is in an acceptable state. The LL has to provide a bed if one is on the inventory; they do not have to provide one that is fit to sleep in. You need to check whether the heating, lighting, cooker, white goods work properly before accepting the place.

    Could he ask at work if anyone would take a temp lodger? Contact personnel/HR?
    If you've have not made a mistake, you've made nothing
  • Atomix
    Atomix Posts: 370 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 17 August 2013 at 6:57PM
    Its really simple - this (pictures of lovely flat) is what Ive been sold by your company.

    This (pictures of an unhabitable sxxt hole) is what its like as of yesterday.

    Merry hell. Not happy. Been ripped off.

    chances are they will quickly come up with a solution.
  • pinkshoes
    pinkshoes Posts: 20,673 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would hand deliver a letter stating that the flat is uninhabitable and not as described. I would then give them the option of either a full refund so he can find a suitable flat, or he will deduct the cost of staying in a local hotel from his next months rent until the following things are done: (list of all things that need immediately rectifying).
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Renter2
    Renter2 Posts: 23 Forumite
    Thanks for all your replies. He starts his new job at 9am on Monday so he is not going to be able to hand deliver a letter as they are closed tomorrow and he wants to discuss the next steps ASAP so posting isn't a good option. He was going to email them tonight with the photos attached.

    Does he email stating that he wants the house restored to live in condition? Although I've zoomed up in the photos and the house is just plain dirty. The skirting board is hanging off and has layers of dirt on it. Even if they paint it it is not going to sort out to mold issues.. Both he and my son have asthma which is made worse in these conditions. I don't know what to do he hasn't seen his son for 2 weeks and we were supposed to visit next weekend.

    Or does he email stating that he is not taking possession of the property and he agreed to rent the property based on the photos and the promises made and these have not been fulfilled therefore he is going to terminate the contract as they have not fulfilled their duties?

    Thanks for any replies he wants to get the email sent ASAP..
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If he's not taking possession of the property he should have returned the keys already! Even if that means putting them through the agency's letter box in an envelope today when they're closed. Once a tenancy begins in law the tenant is responsible for the rent for the entire tenancy and the landlord can sue for this with no obligation to minimise his losses. The tenant has no legal right to withhold rent unless it's for 'essential' repairs having followed Shelter's guildlines to the letter which takes weeks. A tenancy is different from contract law.

    So you need to urgently decide, do you want the tenancy to begin and them try to get the landlord to meet their obligations to provide a habitable property in decent condition over the next few weeks/months, or do you want to walk away and rent somewhere else? I know it's not easy when he's far from home with a job starting tomorrow but it needs to be made today and both won't be a walk in the park.
    Don't listen to me, I'm no expert!
  • Renter2
    Renter2 Posts: 23 Forumite
    As soon as he seen the property he handed the keys into the security on site as instructed by the receptionist in the estate agents and sent an email stating that he is refusing possession and gave them two options either to get the property into the condition promised and deduct the hotel money from next months rent or to rescind the contact and receive a refund.
  • EmmaHerts
    EmmaHerts Posts: 313 Forumite
    Can I suggest he has a look at airbnb.com , instead of paying for a hotel? It's people renting out their spare rooms so much cheaper.
  • Renter2
    Renter2 Posts: 23 Forumite
    Thank you ill have a look x
  • Strapped
    Strapped Posts: 8,158 Forumite
    Renter2 wrote: »
    He has paid £3000 today

    Seriously?
    They deem him their worst enemy who tells them the truth. -- Plato
  • Renter2
    Renter2 Posts: 23 Forumite
    Strapped wrote: »
    Seriously?

    Just double checked with him it was £2500 he paid sorry. 6 weeks deposit and a month upfront plus fees to take it off the market ect.
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