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Suing landlord/agency
croto
Posts: 38 Forumite
Hi all,
since I've moved to my current flat it has been a bloody nightmare! When we viewed the place, it was dirty, the living room hasn't been painted, carpet missing on communal area, but we were told that it would all be done until we moved in, including a deep cleaning on the bedroom carpet.
Well, when it came to move into the place nothing that was promised to us has been done, no carpets layed out, the living room has been only patched up with paint and not repainted, the place was still dirty, bedroom carpet still dirty and the floor hasn't even been brushed! We phoned the agency and they did what they could to solve the situation, including sending a company to clean the carpets and a professional cleaner for 3 hours. The carpet needed a revisit because it didn't clean it completely and the 3 hours of the professional clean wasn't nearly enough! The kitchen cupboards were thick with accumulated grease and it took me and my wife 3 days to completely clean the whole thing (working only after work at nights).
To add to the frustration there was a big condensation mark at the corner of the bedroom which has been patched with paint as well and I realized it was only a matter of time for mold to grow on that corner. When communicated to the landlord it was said that they never had problems with mold, but only about a month later black mold started appearing.
The third or fourth night we could smell gas in the kitchen, we complained to the agency and they have asked us to call the gas supplier. They come to check and there actually was a gas leak, which forced the gas supplier to shut the gas supply, consequently making us having no heating, in the middle of winter (December). The landlord handyman came to check the leak and could not find a gas leak, connected the gas supply again.
In one of the first nights I could hear a dripping noise right on top of where my bed was, right in between my flat and the top floor flat. I complained with the agency again, it turned out to be a joint problem with the upstairs bathtub pipes. My frustration was with the fact that it could not be a recent issue and I guess that since I had too many problems they decided to fix it.
Wait, there's more... The washing machine had problems with a bearing or something and it was so loud that we literally had to leave the flat so we wouldn't go deaf, we complained and it got replaced. The fridge did not work and we only noticed because our food was going off pretty quickly and the smell was terrible, we complained and it got replaced as well.
The bathtub was clogged and when someone showered, a pool of your own filth was accumulating on your feet. We have complained and the landlady said she would send us her handyman again, the problem was that we would be leaving to Paris for a short weekend break. We came back on Sunday night, pretty exhausted and for our surprise the flat was full of tools and the bathtub piping completely disassembled. It turned out that the handyman lost the spare keys when leaving to grab something in his car and could not come back in. Imagine our frustration when we saw that, all we wanted was to take a shower!
This last incident was also in December and since then it has been mostly hassle free, apart from the carpet that hasn't ever been layed out on the communal area and the mold issue that we need to clean quite frequently and probably is not very gentle with my health.
This weekend the agency came for a "3 months check", which I have never, ever heard before. Anyways, during the check the agent asked me where my carbon monoxide meter was and I have told him that I have never seen one and I was pretty sure that there wasn't one. He told me that the landlord should have installed one and the agency should have checked that. I have also checked online and apparently it is a requirement to all rental properties to have a carbon monoxide detector.
Well, with all that said, I can't show enough how frustrated I am with this property! I mean, renting is always a hassle anyway, with landlords being careless with the property and putting the cheapest material and doing the least amount of work possible, but this time it has been a proper nightmare, plus the lack of a monoxide detector considering that we had a gas leak (which hasn't been fixed at all, I can still smell gas but the handyman says there is no leak) leaving mine and my wife's health at risk. With that said, I think it could be possible to sue the landlord and maybe the agency for not checking the property before I've moved in.
I know that lawsuits are a pain for everyone, but if no one acts on such things it would only encourage landlords to perpetuate this greedy behavior and being incredibly oblivious with their tenants well-being. I would like to know the feeling of you guys as well, please give your opinion!
since I've moved to my current flat it has been a bloody nightmare! When we viewed the place, it was dirty, the living room hasn't been painted, carpet missing on communal area, but we were told that it would all be done until we moved in, including a deep cleaning on the bedroom carpet.
Well, when it came to move into the place nothing that was promised to us has been done, no carpets layed out, the living room has been only patched up with paint and not repainted, the place was still dirty, bedroom carpet still dirty and the floor hasn't even been brushed! We phoned the agency and they did what they could to solve the situation, including sending a company to clean the carpets and a professional cleaner for 3 hours. The carpet needed a revisit because it didn't clean it completely and the 3 hours of the professional clean wasn't nearly enough! The kitchen cupboards were thick with accumulated grease and it took me and my wife 3 days to completely clean the whole thing (working only after work at nights).
To add to the frustration there was a big condensation mark at the corner of the bedroom which has been patched with paint as well and I realized it was only a matter of time for mold to grow on that corner. When communicated to the landlord it was said that they never had problems with mold, but only about a month later black mold started appearing.
The third or fourth night we could smell gas in the kitchen, we complained to the agency and they have asked us to call the gas supplier. They come to check and there actually was a gas leak, which forced the gas supplier to shut the gas supply, consequently making us having no heating, in the middle of winter (December). The landlord handyman came to check the leak and could not find a gas leak, connected the gas supply again.
In one of the first nights I could hear a dripping noise right on top of where my bed was, right in between my flat and the top floor flat. I complained with the agency again, it turned out to be a joint problem with the upstairs bathtub pipes. My frustration was with the fact that it could not be a recent issue and I guess that since I had too many problems they decided to fix it.
Wait, there's more... The washing machine had problems with a bearing or something and it was so loud that we literally had to leave the flat so we wouldn't go deaf, we complained and it got replaced. The fridge did not work and we only noticed because our food was going off pretty quickly and the smell was terrible, we complained and it got replaced as well.
The bathtub was clogged and when someone showered, a pool of your own filth was accumulating on your feet. We have complained and the landlady said she would send us her handyman again, the problem was that we would be leaving to Paris for a short weekend break. We came back on Sunday night, pretty exhausted and for our surprise the flat was full of tools and the bathtub piping completely disassembled. It turned out that the handyman lost the spare keys when leaving to grab something in his car and could not come back in. Imagine our frustration when we saw that, all we wanted was to take a shower!
This last incident was also in December and since then it has been mostly hassle free, apart from the carpet that hasn't ever been layed out on the communal area and the mold issue that we need to clean quite frequently and probably is not very gentle with my health.
This weekend the agency came for a "3 months check", which I have never, ever heard before. Anyways, during the check the agent asked me where my carbon monoxide meter was and I have told him that I have never seen one and I was pretty sure that there wasn't one. He told me that the landlord should have installed one and the agency should have checked that. I have also checked online and apparently it is a requirement to all rental properties to have a carbon monoxide detector.
Well, with all that said, I can't show enough how frustrated I am with this property! I mean, renting is always a hassle anyway, with landlords being careless with the property and putting the cheapest material and doing the least amount of work possible, but this time it has been a proper nightmare, plus the lack of a monoxide detector considering that we had a gas leak (which hasn't been fixed at all, I can still smell gas but the handyman says there is no leak) leaving mine and my wife's health at risk. With that said, I think it could be possible to sue the landlord and maybe the agency for not checking the property before I've moved in.
I know that lawsuits are a pain for everyone, but if no one acts on such things it would only encourage landlords to perpetuate this greedy behavior and being incredibly oblivious with their tenants well-being. I would like to know the feeling of you guys as well, please give your opinion!
0
Comments
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You shouldn't have taken the flat in the first place. The fact that it wasn't cleaned up for viewing shows that the landlord/letting company have low standards.0
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Are you in Eng/Wales?
Read this - https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs0 -
Hi all,
...We phoned the agency and they did what they could to solve the situation, including sending a company to clean the carpets and a professional cleaner for 3 hours.
The carpet needed a revisit because it didn't clean it completely and the 3 hours of the professional clean wasn't nearly enough! The kitchen cupboards were thick with accumulated grease and it took me and my wife 3 days to completely clean the whole thing (working only after work at nights).
To add to the frustration there was a big condensation mark at the corner of the bedroom which has been patched with paint as well and I realized it was only a matter of time for mold to grow on that corner. When communicated to the landlord it was said that they never had problems with mold, but only about a month later black mold started appearing.
...They come to check and there actually was a gas leak, which forced the gas supplier to shut the gas supply, consequently making us having no heating, in the middle of winter (December). The landlord handyman came to check the leak and could not find a gas leak, connected the gas supply again.
...I complained with the agency again, it turned out to be a joint problem with the upstairs bathtub pipes. My frustration was with the fact that it could not be a recent issue and I guess that since I had too many problems they decided to fix it.
The washing machine... we complained and it got replaced.
The fridge did not work and we only noticed because our food was going off pretty quickly and the smell was terrible, we complained and it got replaced as well.
...It turned out that the handyman lost the spare keys when leaving to grab something in his car and could not come back in. Imagine our frustration when we saw that, all we wanted was to take a shower! A disappointing mistake I'm sure. What was done to remedy this? What was the problem with the pipe? I have lots of very long hair and frequently have to remove the trap in the shower and clean it out.
This last incident was also in December and since then it has been mostly hassle free, apart from the carpet that hasn't ever been layed out on the communal area and the mold issue that we need to clean quite frequently and probably is not very gentle with my health. Mould is as much a lifestyle problem as a landlord one. Is the place adequately ventilated when showering, cooking etc?
I would like to know the feeling of you guys as well, please give your opinion!
It does sound like you have had a lot of problems there, but it also sounds like each issue you have complained about has been fixed? I'm sure many tenants would love a landlord who fixes everything that the tenant has a problem with (not saying they shouldn't, but I bet there are quite a few that don't)
The lack of CO monitor/alarm is concerning though. It's a very basic requirement.
Is it worth suing them? What do you hope to achieve?0 -
Are you in Eng/Wales?
Read this - https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_landlord_wont_do_repairs
But the landlord has done the repairs? Ok the idiot handyman locked himself out, but apart from that it seems like every issue has been resolved.0 -
But also very cheap to sort out yourself, so hardly worth suing about.The_Logans wrote: »The lack of CO monitor/alarm is concerning though. It's a very basic requirement.0 -
OP sounds like a bit of a nightmare. A couple of things:
When you say " The landlord handyman came to check the leak and could not find a gas leak, connected the gas supply again." You make it sound like the LL just sent round the guy he uses for bits and bobs.Was he a Gas Safe registered contractor? If not he should not be touching any gas appliances.
The CO monitor is only law if you have solid fuels, not for gas (but you should get one they cost pennies)0 -
Hi all,
When we viewed the place, it was dirty, the living room hasn't been painted, carpet missing on communal area, but we were told that it would all be done until we moved in, including a deep cleaning on the bedroom carpet.
This is the first sign, any decent landlord would clean the place before viewings, if not they simply do not care and only want £. Too late now, but future reference and lesson learnt.
Whether you are successful in claiming money, I don't know.0 -
The_Logans wrote: »It does sound like you have had a lot of problems there, but it also sounds like each issue you have complained about has been fixed? I'm sure many tenants would love a landlord who fixes everything that the tenant has a problem with (not saying they shouldn't, but I bet there are quite a few that don't)
The lack of CO monitor/alarm is concerning though. It's a very basic requirement.
Is it worth suing them? What do you hope to achieve?
The bath got unclogged, it was poor angle on the pipes apparently. It might have been hair as well, but I was less than a month in the place, so it couldn't have been me.
About the mold and poor ventilation, I do what I can, which is leaving the windows open during the day while I'm out (there are smaller windows which are OK to leave open). I get home usually at evenings and close the windows, because it is cold. The bathroom has no windows, but has an extractor which I leave on for well over an hour after I shower every time (my indication is when the mirror is completely demisted). I can't see much else I can do really...0 -
The bath got unclogged, it was poor angle on the pipes apparently. It might have been hair as well, but I was less than a month in the place, so it couldn't have been me.
About the mold and poor ventilation, I do what I can, which is leaving the windows open during the day while I'm out (there are smaller windows which are OK to leave open). I get home usually at evenings and close the windows, because it is cold. The bathroom has no windows, but has an extractor which I leave on for well over an hour after I shower every time (my indication is when the mirror is completely demisted). I can't see much else I can do really...
What do you expect the LL to do? Build a window? Replace the exhaust fan?
Why did you take the flat if it was presented in poor conditions?
Why did you move in if on day 1 it was that bad?
Is this a private LL?
It my also boil down to how much rent you pay and where and for what.
Do you have a break clause? Maybe best if you move out at the first opportunity!EU expat working in London0 -
Yes, it is perfectly possible to sue the landlord. It is also very easy to do so.
I think you would need to sue the landlord. Your contract is with the landlord, the letting agent is merely the landlord's agent.
The process is that you write a letter before action giving the landlord 14 days to resolve the issues and pay appropriate compensation; then you issue a claim using the moneyclaimonline service; then you attend a short court hearing.
In order to issue a claim, you would need to be able to identify the specific clauses in the tenancy agreement which have been breached or the specific statutory requirement which has been breached.
It sounds like you have a pretty slam-dunk case to me. No doubt your landlord is ignoring the legal responsibilities he has as a landlord to avoid the cost of maintaining the property.
Have a look at https://england.shelter.org.uk/housing_advice/repairs/housing_disrepair_check_if_you_can_claim_compensation and https://england.shelter.org.uk/housing_advice/repairs/damp_and_mould_in_rented_homes.0
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