Landlord lied about the flat - how to get money back?!

sooz

I want to apoligize to the OP. I wasn't in a particularly good mood yesterday

I agree, it's not nice to live with an infestation, but there are methods for dealing with it.

However, it doesn't mean that you can move out, or give only one month's notice whilst in a fixed term. This will come back to bite you in the bum financially.

It does need dealing with, and it is ultimately up to your landlord to pay for it, but it is up to you to arrange pest control, or let in the LL's contractors.

It is also up to you to ensure that nothing is left out to attract more vermin to visit. This includes under and behind things.

A cat may help temporarily, but ultimately it needs holes filling (LL responsible), poison (LL responsible) and not leaving food or washing up out and accessible (OP responsible)

In London, there is currently a huge vermin problem. There always has been, but since Thames Water are busy replacing all our mains, they have disturbed everything that normally lives underground. They are seeking nice new warm homes to live in, with plenty of food around.

real1314

carolt wrote: »

Can't offer any helpful information but just wanted to offer you lots of sympathy - surprised that so many people have been down on you and supported the landlord as at the end of the day you're the one having to live with the infestation, which must be really horrible. Hope you get it sorted, either in the flat or by moving. I know there's no way I could live with an infestation.

Good luck!

I'm sure no-one wants to live with an infestation, but what would an owner occupier do if they got one?
Could many people afford to move out to a hotel for 2 or 3 weeks? And still pay their mortgage?
Ok, if it can be shown that the LL or LA had reasonable knowledge, then they should be fully liable and imho the OP should be able to cancel their contract, however to suggest that they should rely on such a view would be foolish and mis-guided. It's not about sympathy, but about the OP dealing with the situation with an informed view of what they can do, and what risks such action might hold.

We could all shout "sod 'em, move out and tell them to whistle", but if the OP finds that 3 months later they are being sued for £200+ per week for 3 months of rent, will we be able to get them out of it? Or will we be trying to tell them how to deal with a court case totalling £2.5k?

chillout_cat

Thanks guys.
We are meeting a solicitor on Monday (he solved our friend's problem with ''too friendly'' live-in landlord, she got her money back straight away and moved out - I know it's a different case, but well...) Will let you know what he says.

$$$_12

Feel for OP. Missus and I are currently in the same situation. Moved in a few months ago.

Mice turned up the first night. Bit of a fact of life in London. Particularly if there are other flats as you have no idea what steps they are taking to get rid of/encourage them. A newly installed cat in one flat will generally drive them in the direction of the newest cat-free home.

Missus has been having a fine old time killing them. She is not at all squeamish and a number have met deaths worthy of the film SAW. Death by baked bean can anyone? Seriously though you have to be meticulous about cleaning and block any tiny holes (I was recommended polyfilla mixed with wire wool). Humane-ish ways of catching them include open sweet jars tipped at an steepish angle with chocolate at the bottom. They have quite good homing instincts though so take captives far away (and away from other human dwellings).

In the meantime - ear plugs give relief from worrying about their scrabbling and chewing at night.

Roaches would give me the creeps though.

coal9011

PROFESSIONAL_LANDLORD wrote: »

PROFESSIONAL(Blood Suckin)LANDLORD:

You will note that the nearest words to profanities that I used in my posting were "scum bag" unlike you who used "CLAT , "Fekking and "S**T".

I don't care if you disagree with me. But what I do care about is people - especially professional landlords - who don't "give a damn" about the plight of others in our society.

There is absolutely NO WAY that you would accept - or allow ANY member of your family - to live in such conditions!

What I said earlier =
PROFESSIONAL(Blood Suckin)LANDLORD:

You will note that the nearest words to profanities that I used in my posting were "scum bag" unlike you who used "CLAT" , "Fekking" and "S**T".

I don't care if you disagree with me. But what I do care about is people - especially professional landlords - who don't "give a damn" about the plight of others in our society.

There is absolutely NO WAY that you would accept - or allow ANY member of your family - to live in such conditions!

what I said earlier = I can't market it until i'm sure the flat is ABSOLUTELY clean




Of course someone "knew" about the problems at the flat. The Letting Agent and Landlord knew! .... but they hoped to get some poor tenant signed up and in occupation

" by which time it is to late for 6 or 12 months to do anything about it! "

VERY POOR GRAMMA !!;)

_____________________________________________________________________
PL:

I see that you have taken the time to ammend the way that you typed some of the words in your original post ..... good thing too!

However, you failed to give YOUR reply to one of the comments in my post which I will repeat for you now:

" there is absolutely NO WAY that you would accept - or allow ANY member of your family - to live in such conditions! "

Well, would you?

If you reply "honestly" your answer should be "NO".

With a "no", then why should the OP be expected to do so?

seven-day-weekend

I agree your landlord should deal with them, but you need to allow her to do so.

Or as someone suggested, ask the Council to do it and send her the bill.

If you don't want to do that, get some traps for the mice and some insect killer for the cockroaches.

Living as we do on the side of a mountain in Spain, with the wild countryside at our doorstep, we occasionally have mice visit us. We put traps down and after a few days they are all gone. I think traps are better than poison because a) it's more humane and b) you know where the bodies are!

Good luck.

PROFESSIONAL_LANDLORD

***************************

clutton_2

enough enough you two - this is very boring

OP - i empathise with your clear horror of these insects. No one deliberately put them in your home. The LA may not have told you they were there. The LL may not have known they were there. All this is speculation. What is important is now.

you will have to pay the rent for the fixed term that you have signed for - that is the law.

if you want the LL to kill these critters you must let her workmen in.

Do you have any friends you can stay with whilst the poison works at least for the first few days ?

try to stay calm.

there is no reason why you should be on a diet of bread and water !!

clean your pans and work surfaces with anti-bacterial cleaners before cooking - whats the problem ?

carolt

real1314 wrote: »

I'm sure no-one wants to live with an infestation, but what would an owner occupier do if they got one?
Could many people afford to move out to a hotel for 2 or 3 weeks? And still pay their mortgage?
Ok, if it can be shown that the LL or LA had reasonable knowledge, then they should be fully liable and imho the OP should be able to cancel their contract, however to suggest that they should rely on such a view would be foolish and mis-guided. It's not about sympathy, but about the OP dealing with the situation with an informed view of what they can do, and what risks such action might hold.

We could all shout "sod 'em, move out and tell them to whistle", but if the OP finds that 3 months later they are being sued for £200+ per week for 3 months of rent, will we be able to get them out of it? Or will we be trying to tell them how to deal with a court case totalling £2.5k?

Can't see where in my post you got the idea I was offering advice to "sod 'em, move out and tell them to whistle" - on the contrary, I began my post by saying I didn't feel I could offer any advice. But just because you side (on the basis of what knowledge???) with the landlord, does not mean that the OP doesn't deserve sympathy for the fact she has to put with a really horrible infestation. Would YOU like to live with one? Thought not.

And of course it's not the same as buying a house with an infestation - the timescale is much shorter, and you are paying rent to someone else, rather than building up equity in your own property, because it is their property not yours and they have responsibility for it. Unless the lease specifically said 'comes with free vermin' I would be as stunned and upset as the OP if I moved into a new rented property and it was in this condition - it effectively makes it unliveable-in, in my opinion. Whose fault it is legally is something the OP's solicitors will be able to assess. But to blame the OP is just not on - it's certainly not their fault as the vermin clearly predate the lease.

As I said, best of luck!

drc

We are in a similar situation to you, moved in, had cockroaches almost immediately although they are coming from another flat where we have problem neighbours, confirmed by the pest control men from both the council and privately.

It is the landlords responsibility to pay for cockroach elimination. If they are not doing this then I suppose they are breaking their contract but you have to read exactly what the contract says.

I also sprinkle boric acid which you can get in chemists around my kitchen before the pest control men came as this is one of the best natural ways to kill off cockroaches. I don't know what to say about the mice and rats except that obivously that is a serious health issue and as such your landlord could get in trouble from the council.

Not much advice I can give except that I sympathise and hope it all works out for you