Damages before moving in

Gary88

Moved into a fully furnished rented flat in November. During the viewing with the LA we noticed a number of damages and reported these, we were also advised of an iron burn in the carpet that the LL was aware of and was going to get a new carpet replaced before we moved in.

We moved in and none of the damages had been fixed including the carpet. We have text, called and emailed the LL a number of times. He has been out and seen everything and said he would arrange for them to be fixed. This was back in December. It is now January and still the damages have not been fixed. Our main concern is the carpet due to the iron mark which does not look pleasing to the eye (yes we have covered this with a rug but we do not want to have to do this). I have tried to call the landlord, email and text a number of times so far this month and he has been ignoring all. He text me back last 2 weeks ago to say that he had the day of on Sunday (18/01) and he would arrange to get the carpet replaced then but I have still not had any word back from him.

I contacted the LA yesterday as we pay our rent to them however they have said that as it is not a fully managed property then we have to contact the LL directly even though we pay through the LA.

I was wondering were we stand legally on this and what we can do as the damages are apparent for any visitors we have over and it is becoming embarrassing as we have now been here 3 months and they have still not been resolved.

Thanks

Pixie5740

Your contract is with the LL not the LA.


Have you tried writing (pen, paper and a stamp) to the address given in your tenancy agreement for the serving of notices? Not email, not text messages.


Although your LL doesn't actually have a legal obligation to fix these things if it's all just purely cosmetic.

Gary88

Pixie5740 wrote: »

Your contract is with the LL not the LA.

Even though we pay the LA the monthly rent via direct debit?

We were told a new carpet would be put down before we moved in, when we signed the paper work at the LA offices we were told at the time a new carpet had been laid, it wasn't until we arrived at the house we found out it hadn't been and by that point their office had shut (half hour drive from the office).

The blind in the second room is broken and therefore lets light in from the street lights causing us not to be able to use the room. We were told the LL would arrange to fix this after we move in.

The smoke alarm works (when we press the button) but it is hanging from the ceiling, I'm not sure this is safe.

There is a carbon monoxide alarm that does not work, the LL told us he would replace this but still hasn't.

There is a huge crack on the bath panel. It's not leaking or anything just now but I'm concerned this will spread (it already looks like it is) and eventually lead to not being able to shower! I'm more concerned about this now as the LL is proving difficult to deal with and I don't want to stink.

Thanks

Pixie5740

It doesn't matter who you pay the rent to as ultimately the money goes to the LL. You have no contract with LA whatsoever.


Carbon monoxide is deadly. Buy a new CO alarm or put some batteries in the existing alarm. Don't wait for your LL to get his !!!!! in gear. Your LL doesn't have a legal obligation to provide a CO alarm, he only needs to get a Gas Safety Certificate every 12 months.


WRITE to your LL detailing what needs fixed in the property. As I said before though, these things are cosmetic and so your LL doesn't have to fix them. It would make sense for him to fix them but legally he doesn't have to.

Gary88

Pixie5740 wrote: »

It doesn't matter who you pay the rent to as ultimately the money goes to the LL. You have no contract with LA whatsoever.


Carbon monoxide is deadly. Buy a new CO alarm or put some batteries in the existing alarm. Don't wait for your LL to get his !!!!! in gear. Your LL doesn't have a legal obligation to provide a CO alarm, he only needs to get a Gas Safety Certificate every 12 months.


WRITE to your LL detailing what needs fixed in the property. As I said before though, these things are cosmetic and so your LL doesn't have to fix them. It would make sense for him to fix them but legally he doesn't have to.

Thanks for that. I take it I don't have anything to fall back on even although we where told that the carpet would be replaced before we moved in and even told on the day we signed that it had been replaced? To be honest, it's not the most appealing thing and had we been told before signing that the carpet would not be replaced then we would not have signed the agreement and looked elsewhere (we made this clear at the time also). It is an eyesore and neither myself nor my partner are happy with it.

G_M

Pixie5740 wrote: »

Buy a new CO alarm or put some batteries in the existing alarm.


WRITE to your LL detailing what needs fixed in the property. As I said before though, these things are cosmetic and so your LL doesn't have to fix them..

Perfect advice.

http://www.screwfix.com/search?search=carbon+monoxide+alarm

RAS

Unless you have the agreement of the LL in writing, any discussions are irrelevant. The EA did you over and there is nothing you can do.

Write to the LL stating your facts but he may or may not do anything about it. Make absolutely sure the issues are listed on any inventory.

Gary88

RAS wrote: »

Write to the LL stating your facts but he may or may not do anything about it. Make absolutely sure the issues are listed on any inventory.

We are also still waiting on the LL getting an inventory to us. We have asked for this a number of times and nothing.

Pixie5740

The inventory is more for the LL's protection than yours so I wouldn't necessarily worry too much about it.

princeofpounds

Letting agents, generally, will say anything in order to get you to rent a property. Once you are in, it's your problem and the LL's problem.

'the LL is going to redecorate'
'yes that is the LL's furniture and will be included'
'yes you can park there'

are all classics.

It means nothing unless it is evidenced, which typically means on paper.

A burn mark on the carpet, you've actually got off pretty lightly.

Don't get me wrong, I do think it's shabby. But there you go.