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Lettings agents ignore my requests

What do you do if the lettings agents just ignore your requests all the time?

I moved into a property with a locked car park (with automatic gate) in April. I was given a very dodgy looking remote for opening the gate. I suspect it is as old as the building (12 years). The casing was half broken and one of the buttons didn't work (closing the gate, but you can open it).

One day, it just stopped working. I quickly went into the lettings agents to ask for a replacement (I don't think this is a cost I should bear considering it's age, and the fact I had only used it twice before it stopped working!) They managed to get it working by removing the entire casing and sellotaping the battery to the circuit board. They ensured me they'd talk to the LL and get one sorted ASAP.

A week went by with nothing, so I called. They said they were working on it and it could take some time, a week or two, because it needs to be programmed.

So we go on... and on... and on. It's now 2 months later and I am still left with a dodgy circuit board which only works after I press the tiny button area about 15 times. I'm worried it will fail completely soon and my car will be stuck, with me unable to get to work one morning...

Over the 2 months I've called, emailed, been in to the office and every time they say they'll "call me back" or "take my name". Nothing is ever done. It's clear to me they haven't even ordered the key yet...

What can I do? I sent a rather stern email explaining that if they fail to do anything, I will withhold rent next month. I've also written that if the key "breaks" (whether it actually does or not is irrelevant) that I will be charging them the cost of my train fare to work.

But I know that's just a threat. And I'm loathe to actually withhold rent as it will affect my references from them.

What else can I do?
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Comments

  • SerialRenter
    SerialRenter Posts: 611 Forumite
    Part of the Furniture 500 Posts Photogenic Combo Breaker
    greensalad wrote: »
    I sent a rather stern email explaining that if they fail to do anything, I will withhold rent next month.

    Eek, No withholding rent! that won't work i'm afraid.

    Have you tried putting pen to paper so you have a written record of your attempts? Send it from the post office and ask for free proof of postage.

    You can try following the procedure here:
    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

    But a lot of it won't be applicable in this situation as its a device rather than an issue with the property itself.
    e.g. The council won't be able to do anything to help.
    *Assuming you're in England or Wales.
  • RAS
    RAS Posts: 36,559 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You cannot withhold rent in this situation.

    have you spoken to neighbours to find out how they manage? Is there a management company that control the remotes?
    If you've have not made a mistake, you've made nothing
  • greensalad
    greensalad Posts: 2,530 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    RAS wrote: »
    You cannot withhold rent in this situation.

    have you spoken to neighbours to find out how they manage? Is there a management company that control the remotes?

    I don't really know my neighbours that well, but I guess I could ask. It's a problem with the remote though, not the gate.

    The remotes are bought from a specific company but then need to be sent to the LL to authorise the programming for this particular gate, so it's not something they can order sharpish. But I do expect them to at least start getting it sorted.

    Also I didn't realise I couldn't withhold rent, but I don't want to do that anyway - I'd rather not let it get to that stage. What else do I have against them? There is nothing I can do. If the car gate key breaks, I will have to get a train for 1.5 hours to work every day and at a considerable cost.

    I will try writing some letters to them but seeing as I've emailed, called and been in I don't know if it will actually get me anywhere.
  • RAS
    RAS Posts: 36,559 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You need to understand that a written letter has a much higher standing in a court than e-mail, personal visits or phone calls.

    You send two copies from different post offices with free certificates of posting.

    What does your contract say about the parking and the responsibility of the LL for repairs?
    If you've have not made a mistake, you've made nothing
  • greensalad
    greensalad Posts: 2,530 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    RAS wrote: »
    You need to understand that a written letter has a much higher standing in a court than e-mail, personal visits or phone calls.

    You send two copies from different post offices with free certificates of posting.

    What does your contract say about the parking and the responsibility of the LL for repairs?

    Nothing to do with the keys specifically. It does say at the top of the tenancy that it includes access to a car park. I can only assume that that includes actually allowing me to access that car park. The lettings agents haven't had any problems with the idea of giving me a new key, they seemed to understand that was perfectly reasonable. They just don't ever seem to get round to doing it.

    I'll send a letter tomorrow.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The LA works for the LL NOT YOU!
    Better getting onto the management company that looks after the Flats and see if you can find a new remote on ebay
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    If you get nowhere with the LA you could go straight to the LL. If you don't have his/her address then you can request it from the LA who legally have to provide it within 21 days.

    If your tenancy agreement says you have access to the car park then you should have access to it. Presumably if you lost the key then the LA would charge you to replace it.
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    Either the letting agents are just clueless and haven't got around to it yet or the landlord hasn't agreed it. No matter how much the letting agents may agree with you they may not actually be able to get the landlord to do anything (especially if they have to pay for anything - they're not going to see themselves out of pocket).
    You need to write to the actual landlord (see your tenancy agreement) and ask that it be sorted out.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • greensalad
    greensalad Posts: 2,530 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dimbo61 wrote: »
    The LA works for the LL NOT YOU!
    Better getting onto the management company that looks after the Flats and see if you can find a new remote on ebay

    But they are supposed to facilitate communication between LL and me, or deal with tenancy issues such as this. They dont seem to be doing either.
  • greensalad
    greensalad Posts: 2,530 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Pixie5740 wrote: »
    If you get nowhere with the LA you could go straight to the LL. If you don't have his/her address then you can request it from the LA who legally have to provide it within 21 days.

    If your tenancy agreement says you have access to the car park then you should have access to it. Presumably if you lost the key then the LA would charge you to replace it.

    I do have their address but that would be a last resort as I hardly want to !!!! off my LL.

    The matter of cost hasn't even come up. The previous tenants tried to sell us a second remote for £20, they said they cost £40 (they obviously had two) but BF said no. (At the time no one had a car).

    The LA haven't even discussed cost with me, which is why I'm pretty sure they have done sweet FA regarding the new one. If the LL wanted me to pay for it, the LA would have come back and quoted me £40. They haven't said a peep.
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