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Incompetent Property Agent.. HELP!

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MrJester
MrJester Posts: 1,015 Forumite
Seventh Anniversary Combo Breaker
edited 17 September 2014 at 7:37PM in House buying, renting & selling
So I've spoken about this in another topic relating to council tax, which I will briefly explain here. I'll keep this as simple as possible, I rent a room in a 7 bed property, which is a Large HMO.
Since moving in the property agent has proven unresponsive to emails, pure doesn't seem to care, and overall incompetent.

The Facts:
- Since moving in, I have now enquired five times by email (to two different employees at the PA), and once over the telephone to replace the broken bedroom blind in my bedroom. It doesn't do its main duty, to block sunlight, therefor it needs replacing. Phone call on Monday the manager stated "It will be replaced in 24 hours". It is now Wednesday evening. Nothing.
- We have a rat in our house. The longest tenant in this property has been here for around 10 months, of that time, she is adamant that the rat/mouse has also spent most of that time within the property. Without paying rent. The PA knows, and has failed to rid the problem. Apparently a few months back they placed crappy rat killer around, the thing ate it and carried on with its merry life. I have seen it three times since moving in just under 4 weeks ago.
- Council tax issue; the property is a large HMO, where the LL/PA should sort out the council tax for the property. Upon moving in, registering on electoral roll, I was instantly given a bill for the council tax in the post. The first payment is around £200 due 1st October. I have spoken to council, they needed formal letter with proof of tenancy agreement, so OK sent that off, told PA that I want the LL name to give to the council but they stated they as the PA pay it and will forward bills onto them. I told the PA my reference number with the council and to ring them up to sort it, I have no doubt they have done sweet FA about it, and so in my letter to the council I asked them to contact the PA directly and let me know if any issues. As I feel it is frivolous to act as an intermediary between them both, "he said this so now what? OK I'll tell them, wait no now they said..", its ridiculous.

AND MY QUESTION. What are my rights here? My other housemates have their own issues too, another blind needs replacing, the rat is an issue for us all.. So what are OUR rights?

Can I get work fixed in the house and then hand them the invoice? As it seems that they don't do what they say they will, and I can see it would take DAILY phone calls when the only time I can call is on my lunch break from work which is short enough as it is.
Can I NOT pay rent until they fix these issues? Or tell them I wont pay the full rent because it is a JOKE.

What can I legally do, well within my rights as so says the law and everything that is good in the world?
Please help, driving me nuts :mad:

Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    No you can't just stop withholding rent. Shelter's website explains the process for reporting repairs to the LL and the steps to take if the repairs are not carried out.

    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

    Step 1) report the issues in writing.

    Have any of the other tenants reported the issue of the rat, in writing, to the LA? If not do so. I'm surprised the others have continued living with a rat for so long. I'd have contacted the local council about pest control or hired someone to take care of it myself rather than live with it for 10 months.

    Now for the CT...

    As this is a HMO, the LL is responsible for paying it. You have contacted both the council and the LA. You don't need to keep chasing up the LA about this since you have given the details of the LA to the council. Let them deal with it. There is no need for you to act as any kind of intermediary. In my experience of dealing with council's in terms of updating addresses and sorting out council tax bills, some councils aren't very dynamic so it just takes time.
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    Pixie5740 wrote: »
    No you can't just stop withholding rent. Shelter's website explains the process for reporting repairs to the LL and the steps to take if the repairs are not carried out.

    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

    Step 1) report the issues in writing.

    Have any of the other tenants reported the issue of the rat, in writing, to the LA? If not do so. I'm surprised the others have continued living with a rat for so long. I'd have contacted the local council about pest control or hired someone to take care of it myself rather than live with it for 10 months.

    Now for the CT...

    As this is a HMO, the LL is responsible for paying it. You have contacted both the council and the LA. You don't need to keep chasing up the LA about this since you have given the details of the LA to the council. Let them deal with it. There is no need for you to act as any kind of intermediary. In my experience of dealing with council's in terms of updating addresses and sorting out council tax bills, some councils aren't very dynamic so it just takes time.

    Thanks for the advice. This is what I just sent to them:
    This email is TWO FOLD, please read both carefully.

    FIRSTLY, This will be approximately my fifth or sixth email to you at property agent name, which also included a phone call, regarding the simple request for the blind in my bedroom to be replaced as it is broken.

    As I have previously requested these repairs to be done, and despite you claiming they would be fixed within 24 hours on 15/09/14 and it isn't, you can regard this email as my final correspondence on this matter. And as guided by Shelter, here:
    http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/reporting_repairs_to_a_landlord
    You have 21 days from this day to carry out these repairs, and if it is not solved sufficiently I will be taking further action. This can involve me discussing the council about this issue, and can lead to legal action being taken against you.

    SECONDLY, this will be my first correspondence in writing to you to notify you that the property is not in a fit state to be lived in, as we have a vermin/pest problem as there is, at the very least, one rat/mouse living in the premises which I have spotted three times already during my 4 weeks stay so far.
    My house mates, those which have lived here longer, would happily confirm that this vermin has been within the house for AT LEAST the past 5 months, and despite complaining it still has not been solved.

    I expect that along with my first request, you will take the necessary action to fix our vermin problem also. We keep the property sufficiently clean, we had have a cleaner in the last week for example, so it is something out of our control. I have paid out of my own money for a rat trap to catch it, but so far unsuccessfully.

    Again, if I have to provide written correspondence to remind you about this vermin problem without anything being done about it, then I intend to then give you 21 days to fix the problem before I take further action, which again can lead to me contacting the council, and in this case having someone from the council check the property to deem whether it is SAFE and HYGIENIC conditions to live in, and could lead to further legal action against you.

    Your complete lack of responsibility and care in these matters is shocking. Please solve these issues, so this does not have to go any further. Thank you.

    :T
  • RAS
    RAS Posts: 35,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    You need to take the advice you were given.

    WRITE - pen and paper (printer will do if you have "modern technology) to them.

    E-mail, phone calls = useless.
    If you've have not made a mistake, you've made nothing
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    RAS wrote: »
    Hi

    You need to take the advice you were given.

    WRITE - pen and paper (printer will do if you have "modern technology) to them.

    E-mail, phone calls = useless.

    Whilst I realise it depends on terms and conditions agreed etc, emails constitutes in writing does it not?

    If you think I should definitely send a letter too, then I will..
  • RAS
    RAS Posts: 35,658 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JoeJester wrote: »
    Whilst I realise it depends on terms and conditions agreed etc, emails constitutes in writing does it not?

    If you think I should definitely send a letter too, then I will..

    As far as the law is concerned email has limited use.

    Unless your contract specifically permits the use of e-mail, you need to write to "the address given for the serving of notices" as instructed in your tenancy agreement.
    If you've have not made a mistake, you've made nothing
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    RAS wrote: »
    As far as the law is concerned email has limited use.

    Unless your contract specifically permits the use of e-mail, you need to write to "the address given for the serving of notices" as instructed in your tenancy agreement.

    Hm, well the tenancy agreement is genuinely 3 pages. Just had a quick read through (took a whole minute) and there is as expected nothing specific about in writing, or in email writing, or whatever.

    I'll print off what I stated in the email, and send it in letter form also. As I stated it will be the last time I send something about the repair, after which I'll go legal on them, but may yet send one further letter to say its my final correspondence and 21 days notice before I go legal about the rat problem.
  • silvercar
    silvercar Posts: 49,591 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Phone the council environmental health department.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    silvercar wrote: »
    Phone the council environmental health department.

    This I will be doing if they don't fix the rat problem very soon. Don't think the tenants who have lived here have been that bothered or known that the problem isn't acceptable.
  • Ames
    Ames Posts: 18,459 Forumite
    I doubt you have a rat.

    you probably have many rats.
    Unless I say otherwise 'you' means the general you not you specifically.
  • MrJester
    MrJester Posts: 1,015 Forumite
    Seventh Anniversary Combo Breaker
    Ames wrote: »
    I doubt you have a rat.

    you probably have many rats.

    Thats my thinking.

    Surprise surprise after the long email, I sent a letter out today also, a guy just turned up 5 mins ago to measure for new blinds. :o

    Shat them up didn't it. :cool:
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