Renting - advice on breach re: disrepair

abibarbar

Hello,

I am new to this forum so apologies if I am asking something that has already been answered, I had a quick search and nothing matched. After some urgent advice and really grateful for any comments.

So I saw a flat and put a deposit down, at the time they were finishing redecorating the flat and said it would be cleaned and I also negotiated getting white goods in. I paid the 1 month rent upfront and signed the tenancy agreement then met the agent at the flat for the handover.

She admitted the flat had not been cleaned and told me the lock on the patio doors (ground floor flat) was absent and a bolt lock was temporarily installed but the new lock would be
fitted the next day in the morning.

It is now the end of the next day and the lock is not fitted, plus the actual patio door mechanism is broken. This is the main concern for me as a security issue, but there are also numerous other issues eg, broken oven seal and knob, negative balance on electric key, filthy curtains and blinds, fridge arrived but does not fit in kitchen space, previous tenant left airing cupboard full of what initially looked like sheets but turned out to include clothing, dirty towels and underwear!!!

I will go into the agents office tomorrow and demand answers but I would really like to know where I stand legally, if they wont fix all these issues can I cancel the tenancy agreement and get a refund based on the fact I cannot get home insurance with an insecure back entrance? How long do I give them to sort the lock? Also I have not received an inventory list yet!

So stressed out, I thought going through a letting agents (and paying the high fees!) would make things easier :-(

Thanks

wench02

Firstly take photos of everything, and I mean everything. Go to letting agents and complain until they do something about the lock.

abibarbar

Thanks for the reply. Yes have taken a lot of photos and sent them to agents this morning. It's now really worrying me that they won't commit to an inventory. I could maybe cope with the other stuff and get it sorted but the fact I can't move in is stressing me out, if they can't prioritise an external door lock on a ground floor flat that then makes me wonder how long it will take them to sort the other stuff out.

anselld

abibarbar wrote: »

Thanks for the reply. Yes have taken a lot of photos and sent them to agents this morning. It's now really worrying me that they won't commit to an inventory. I could maybe cope with the other stuff and get it sorted but the fact I can't move in is stressing me out, if they can't prioritise an external door lock on a ground floor flat that then makes me wonder how long it will take them to sort the other stuff out.

You mention a bolt is fitted. Presumably this at least works so that the door is secure so it does not prevent you moving in.

Report all the repair issues in writing - letter, pen, paper - keep a copy.

The lack of inventory is in your interest. The L will have difficulty proving any damages on checkout without one.

The Energy Supplier should provide you with a new stick without a debit balance. The existing debt is not your responsibility.

Bag up the previous tenant's stuff, do whatever cleaning you want, and move in. (You can continue to complain to the agents but don't overdo it!)

pmlindyloo

anselld wrote: »

You mention a bolt is fitted. Presumably this at least works so that the door is secure so it does not prevent you moving in.

Report all the repair issues in writing - letter, pen, paper - keep a copy.

The lack of inventory is in your interest. The L will have difficulty proving any damages on checkout without one.

The Energy Supplier should provide you with a new stick without a debit balance. The existing debt is not your responsibility.

Bag up the previous tenant's stuff, do whatever cleaning you want, and move in. (You can continue to complain to the agents but don't overdo it!)

I think the OP is concerned that the patio doors are not working hence the security risk.

As well as reporting this to the Letting agent and taking pictures make sure that you write and send copies to the landlord. (address should be on the tenancy agreement). If the LL has a LA managing the property then he/she needs to give them a kick up the ****.

If you cannot move in because of the patio doors being broken and a security risk I would propose to both the LA and the LL a deduction from your rent for the days you have not been able to move in, plus deductions for cleaning (if the LA doesn't provide this) plus any other reasonable costs. Get this is writing.

As for not complaining too much I disagree. You are in a fixed term contract and as such you cannot be evicted until at least the end of that tenancy (except for rent arrears and a few other exceptions)

Do not deduct anything from your rent until you have an agreement with the LL as to what deductions you can make. Since you have already paid a month in advance this should not be a problem. Any agreed deductions can be made to next month's rent.

Keep everything polite and to the point. You usually get a much better outcome with this approach.

anselld

pmlindyloo wrote: »

I think the OP is concerned that the patio doors are not working hence the security risk.

... but the OP states a bolt has been fitted. If this has been done correctly it is arguably more secure than a cheap euro-cylinder as fitted on most patio doors.

pmlindyloo wrote: »

As for not complaining too much I disagree.

Sorry, but anyone who mentions "breach" on day two of the contract is going to be seen as a drama-queen.

I don't condone the fact that these things should have been repaired pre-checkin, however once reported correctly the L must be given reasonable time to repair. Repairing a multi-point or sliding door mechanism is not going to be a 24 hour job in most cases.

Rosemary7391

anselld wrote: »

... but the OP states a bolt has been fitted. If this has been done correctly it is arguably more secure than a cheap euro-cylinder as fitted on most patio doors.

That's not the case if the door mechanism is broken and can be opened regardless of the bolt. I assume the reason the OP has mentioned it is because they still can't prevent the door from opening despite the bolt.

OP, today is Saturday. I'd go sit in the LA office and periodically politely ask them how they're getting on fixing the door and removing the previous tenants' dirty underwear, because you need to move in today and obviously cannot. If that happens to coincide with potential new tenants arriving in the office, too bad...

abibarbar

Thank you for all the replies. I have been polite throughout but the agents continue to fob me off. The sliding patio door is broken in that it doesn't sit properly on the runners so you can shove it and it moves, the bolt is in the middle so does not prevent the door possibly being shoved in to gain entry.

I will put everything in writing plus photos and give them 14 days for the other repairs. Getting quotes for the lock I just need it done!

[Deleted User]

I am afraid that you would have problems claiming a breach unless the repairs and things you required to be done were mentioned in writing on that contract/tenancy agreement.

Even then it would take you a while to get a court hearing date and meanwhile you are down the deposit and first months rent with no guarantee of a successful outcome.

Best for you to do as you are doing now you are in this situation. You could try to get out of the Tenancy Agreement but doubt you will be successful.