Tenancy Agreement?

steven07968

Hi all, about 3 months ago my sister and one of her "mates" signed up to a 6 month agreement on a flat in Manchester.

On the day that they were due to move in, he decided to drop the bombshell that he wasn't going to move in. Thus leaving my sister with a flat to herself and having to pay the full rent.

So she has now payed the 3rd month of a 6 month agreement, and this lad hasn't paid a penny of what he signed up to. Anyone got any idea if he is actually under contract to pay, like, could my sister **** off now with proof that she has paid for half of the agreement and the lad has paid nothing, thus should be made to pay the last half?

And as a side note, we gave the agent a snagging list of things which needed to be sorted out, and to date they haven't been sorted out. Is there any way of getting out of the agreement due to something like this?

The snagging list has been part dealt with, with the below remaining:

• Fridge/Freezer had a plug but no socket to work it. We had 2 weeks without any working refrigeration, food bills were astronomical and the inconvenience was ridiculous and time consuming.
• Balcony door lock had a fault so therefore was not secure, unable to operate the locking facility and key issued would not work with it. Unable to get insurance until sorted and personal possessions were at risk for those 2 weeks.
• Post box keys not issued so unable to collect post, post was bulging out of the box so certain items were retrievable but the identity security risk was enormous.
• Tenancy Agreement not received until 6 weeks after moving in despite being assured on several occasions that it had been posted. Can only assume that there are a number of agreements with our details ‘lost’ somewhere between your offices and the apartment block. Was finally received in September dated 6 August. The envelope with date on has been retained to evidence the lateness of a document that we should have had a copy of in the same week we moved in as promised by your team.
• The address stated on the Tenancy Agreement is incorrect. We were given the address of Apartment 11, xxxxx Street, Manchester, xxxxx, this is the address used on the signed agreement. However this address does not exist in accordance with Royal Mail. Other institutions and Royal Mail have found the correct address as Apartment 11, xxxxx Street, Manchester, xxxxx. As the agreement was signed technically with an incorrect address, doesn’t this make the agreement invalid?
• The plumbing in the property was not correctly fitted leading to a leak underneath the kitchen sink, which is still an issue. Despite being advised by Maintenance to keep the cupboard door open, there is still insufficient ventilation to the space below the cupboard to dry out naturally. The smell is terrible and the bacteria forming from a now 2 month old damp problem can be considered as a hygiene issue. I have tried to rectify using silica bead based methods but am still waiting to see if my request for a dehumidifier will be accepted. Alan in your Maintenance Team agreed it was an option but may require dismantling some of the kitchen units.
• Another problem raised by the plumbing was that we also had no washing machine facilities or dishwasher. Again, the inconvenience and cost was yet another issue.
• The en suite had been a rush job with the shower cubicle doors badly fitted, one of the screens would not close, even though this has been seen to, the doors do not fit flush and leaks still occur. The soil pipe to the toilet had not been covered and the pipe was loose and open with a substantial hole in the wall. This has been rectified but I was surprised this was the standard that was accepted.
• We still have issues with the intercom, which we have only been to operate successfully once. When friends and even your inspector and Maintenance Team call, we have to run down the 3 flights of stairs to open the door. When Maintenance visited the property, other residents confirmed that they had had the exact same issue, we are still waiting for a response on this matter and it is highly inconvenient.
• We are still waiting for the key(s) for our windows, they are lockable but without the keys we are unable to re-open them, these have been requested again on a number of occasions and we were advised this would be looked into but still waiting for a response. I have been advised by my Insurance company that this may affect my policy and make it void.
• The boiler had leaked and has rusted, Maintenance was appalled when they saw it, same as when they saw the plumbing. They advised that it should never have got to the state that it was and were shocked at the standard that it had been fitted and left in. It may be connected but we often struggle for hot water, it often cuts out, very frustrating when taking a shower. The heating too can be quite sporadic, cutting out after working initially.
• When initially viewing the property, xxxxx promised us that we could have window dressings, mirrors for the bathroom and a wardrobe for the second bedroom. These were not supplied when we moved in. We have discovered since from xxxx that we are not the only tenants who were ‘oversold’ to and that xxxx needed permission from the Landlord, which obviously had never been sorted. We feel we have been misled. The weather is changing and drafts can be felt, this we can only imagine will be reflected in our heating bills. Lights need to be used more often and privacy is now very much an issue. We have to be very aware to un/dress in bathrooms only and sleeping sometimes can be affected. Having no mirrors is highly inconvenient and Jason has to store his clothing in my room so that they can be stored correctly.
• A recent problem has arose since the evenings are going darker, the lights keep tripping out at a very consistent rate, bulbs need changing very frequently and again is highly annoying and costly.

I also have a PDF of the agreement, and I can't find any reference to any penalty or anything to be honest to do with canceling the agreement. Could this just be canceled then???

thesaint

I haven't read the snagging list, someone else can do that for you, but the snagging and the rent are generally unrelated.

I would guess that the parties to the tenancy agreement are jointly liable for the rent.

In essence this means that if one welch's on the rent, the other has to pay.
I doubt if your sister could use "I've paid half" as a defence.

steven07968

thesaint wrote: »

I would guess that the parties to the tenancy agreement are jointly liable for the rent.

In essence this means that if one welch's on the rent, the other has to pay.
I doubt if your sister could use "I've paid half" as a defence.

If both parties are jointly liable, then surely (don't call me shirley) if she stopped paying, they would have to contact him for the remainder??? As she has paid half of the rental agreement plus the deposit. Whereas he has paid nothing whatsoever, just signed an agreement, and then on the day of the move decided not to go ahead with it.

Personally I don't know how someone would have the brass neck to try and get away with a stunt like that. But to leave my sister skint each month as she is paying double rent, is just not on.


Any views on her legal position would be appreciated, anyone able to take a look through the agreement to see if there are any loopholes would also be appreciated

silvercar

Tenants are usually jointly and severely liable, meaning they are both individually liable for all the rent. The answer is probably for your sister to find a mate to replace the one that got away.

All your snagging list could be put down to teething problems, if the are sorted quickly. The one that concerns me is the boiler, do you have a gas safety certificate? If not, demand one as a matter of urgency or threaten to take the matter further.

You can't just cancel the tenancy; by the fact you are living there and have signed the agreement, you have accepted the tenancy. With holding rent will not help the snags get fixed.

steven07968

She's been living there for 3 months now, and still has outstanding issues with the snagging list. Takes the mick that they have still not sorted them.

I'll mention the boiler and get her onto that first thing in the morning.

Thanks for the advice, sadly not what I wanted to hear. But thanks anyway

silvercar

If both parties are jointly liable, then surely (don't call me shirley) if she stopped paying, they would have to contact him for the remainder??? As she has paid half of the rental agreement plus the deposit. Whereas he has paid nothing whatsoever, just signed an agreement, and then on the day of the move decided not to go ahead with it.

Jointly liable means they are both liable for all the rent.

In practice the landlord or agent will chase whoever it is easier to get hold of, in this case your sister.

thesaint

• Fridge/Freezer had a plug but no socket to work it. We had 2 weeks without any working refrigeration, food bills were astronomical and the inconvenience was ridiculous and time consuming.
So?
• Balcony door lock had a fault so therefore was not secure, unable to operate the locking facility and key issued would not work with it. Unable to get insurance until sorted and personal possessions were at risk for those 2 weeks.
So?
• Post box keys not issued so unable to collect post, post was bulging out of the box so certain items were retrievable but the identity security risk was enormous.
So?
• Tenancy Agreement not received until 6 weeks after moving in despite being assured on several occasions that it had been posted. Can only assume that there are a number of agreements with our details ‘lost’ somewhere between your offices and the apartment block. Was finally received in September dated 6 August. The envelope with date on has been retained to evidence the lateness of a document that we should have had a copy of in the same week we moved in as promised by your team.
So?
• The address stated on the Tenancy Agreement is incorrect. We were given the address of Apartment 11, xxxxx Street, Manchester, xxxxx, this is the address used on the signed agreement. However this address does not exist in accordance with Royal Mail. Other institutions and Royal Mail have found the correct address as Apartment 11, xxxxx Street, Manchester, xxxxx. As the agreement was signed technically with an incorrect address, doesn’t this make the agreement invalid?
No?
• The plumbing in the property was not correctly fitted leading to a leak underneath the kitchen sink, which is still an issue. Despite being advised by Maintenance to keep the cupboard door open, there is still insufficient ventilation to the space below the cupboard to dry out naturally. The smell is terrible and the bacteria forming from a now 2 month old damp problem can be considered as a hygiene issue. I have tried to rectify using silica bead based methods but am still waiting to see if my request for a dehumidifier will be accepted. Alan in your Maintenance Team agreed it was an option but may require dismantling some of the kitchen units.
Ask them to remove and replace the said units.
• Another problem raised by the plumbing was that we also had no washing machine facilities or dishwasher. Again, the inconvenience and cost was yet another issue.
So?
• The en suite had been a rush job with the shower cubicle doors badly fitted, one of the screens would not close, even though this has been seen to, the doors do not fit flush and leaks still occur. The soil pipe to the toilet had not been covered and the pipe was loose and open with a substantial hole in the wall. This has been rectified but I was surprised this was the standard that was accepted.
Ask them to fit the door correctly. Congratulate them for remedying the soil pipe.
• We still have issues with the intercom, which we have only been to operate successfully once. When friends and even your inspector and Maintenance Team call, we have to run down the 3 flights of stairs to open the door. When Maintenance visited the property, other residents confirmed that they had had the exact same issue, we are still waiting for a response on this matter and it is highly inconvenient.
Ask them for a date when this will be fixed.
• We are still waiting for the key(s) for our windows, they are lockable but without the keys we are unable to re-open them, these have been requested again on a number of occasions and we were advised this would be looked into but still waiting for a response. I have been advised by my Insurance company that this may affect my policy and make it void.
Ask for a date when you will be supplied with keys.
• The boiler had leaked and has rusted, Maintenance was appalled when they saw it, same as when they saw the plumbing. They advised that it should never have got to the state that it was and were shocked at the standard that it had been fitted and left in. It may be connected but we often struggle for hot water, it often cuts out, very frustrating when taking a shower. The heating too can be quite sporadic, cutting out after working initially.
If it hasn't got a certificate, ask for one.
• When initially viewing the property, xxxxx promised us that we could have window dressings, mirrors for the bathroom and a wardrobe for the second bedroom. These were not supplied when we moved in. We have discovered since from xxxx that we are not the only tenants who were ‘oversold’ to and that xxxx needed permission from the Landlord, which obviously had never been sorted. We feel we have been misled. The weather is changing and drafts can be felt, this we can only imagine will be reflected in our heating bills. Lights need to be used more often and privacy is now very much an issue. We have to be very aware to un/dress in bathrooms only and sleeping sometimes can be affected. Having no mirrors is highly inconvenient and Jason has to store his clothing in my room so that they can be stored correctly.
Do you have any of these promises in writing?
• A recent problem has arose since the evenings are going darker, the lights keep tripping out at a very consistent rate, bulbs need changing very frequently and again is highly annoying and costly.
Try using expensive bulbs, if this doesn't rectify it, ask them to get an electrician to have a look.

It's not looking good.

clutton_2

this isn't the HOME development by any chance is it ?