6 months tenancy agreement- rights as a tenant

Happydays3

Ofcourse I inspected it.....silly.
I didn't sniff test the cupboards! And realise the floor was rotting underneath the cupboards did I...it's always the poster that's wrong lol....it's hilarious we have to defend ourselves like this.....
Are you on commission?!?!? Hahaha

G_M

Happydays3 wrote: »

England and Wales.... maybe you need glasses:D

No glasses needed, but I'd been searching the Shelter website which has no mention of your quote.

I then found the Australian leglislation.

Had you provided the link earler, it would have been helpful!

Your quote comes from a different website "Shelter Legal", hence my failure to find it.

But thanks for the link - interesting reading and yes, I was unaware of the Consumer Protection (Amendment) Regulations 2014 which as you say is not widely known.

I should point out that this is a civil remedy, and as such, again, a procedure must be followed.

You cannot simply inform the landlord and walk away from the contract (unless he agrees). You must go to court to get the contract 'unwound':

Where a landlord or her/his agent does not agree to the redress claimed it will be necessary for the tenant to apply to the county court for a declaration that the contract is unwound, and/or for damages or a refund. The claim form N1 should be used.

Pixie5740

Happydays3 wrote: »

Let's hope there's a mutual agreement....I bet not one person here wants to fork out thousands then to realise the kitchen is a complete sess pit! And expect that to be ok let's just get someone in to fix it?!?!no way!! For £1000 I want that kitchen in excellent working order! And not covering up holes to stop the smell coming through...not fit for purpose.

What a person wants and what they get are two different things. There is a due process for tenants to follow when repairs need to be carried out and the landlord is expected to carry out the repairs within a reasonable time frame. If a landlord fails to carry out necessary repairs then the tenant can escalate the matter with the council.

I'm surprised that the issues with the kitchen weren't noticed when you went to view the property if they are as bad as you say. I know that when I've viewed properties with damp the smell is quite noticeable so I've chosen to rent elsewhere instead. It sounds as though trying to agree a mutual surrender of the tenancy is the best way for you but if you end up trying to use the "unwind" route I would be genuinely interested to find out how that goes.

00ec25

Happydays3 wrote: »

Ofcourse I inspected it.....silly.
I didn't sniff test the cupboards! And realise the floor was rotting underneath the cupboards did I...it's always the poster that's wrong lol....it's hilarious we have to defend ourselves like this.....
Are you on commission?!?!? Hahaha

commission for what? providing info to posters who are ungrateful, I'd be a millionaire.

perhaps we should look at it the other way, having to deal with posters who always assume they are in the right and can't cope with being told that may not be the case? Go read the links I've given you, then come back with a proposed case and see what advice you get on how to make it work... i say again, having inspected it yourself, in what way were you mislead?

G_M

00ec25 wrote: »

.

time for you to update a guide or two G-M, you appear to be 3 - 4 years behind the times

Or maybe time to pass the batton on.

Volunteers........?

:whistle:

Happydays3

Yes that will be the route we will take IF a mutual agreement is not reached...I feel it will be agreed giving the condition. So "simply walking away" will never happen as we have already incurred the costs to move in!.... we should be awarded costs and damages! It's not just about this "legal binding contract" people only seem to spout.

G_M

Please come back and let us know how you get on, especially if you use the legal route relying on the Consumer Protection (Amendment) Regulations 2014.

I'd be genuinely interested in what the court required in evidence, whether/how the landlord defended, and what conclusion the court reached.

pinklady21

Sorry - why should you be awarded costs and damages? You moved into a property that had a leaking washing machine. Why didn't you notice there was a leak and dampness in the cupboards?

Your landlord will now need to make arrangements for repairing the damage to the property. If they have any sense they will agree an early surrender with you to be rid of you while they get on and do the work.

But seriously - compensation? You will be fortunate to get away with not paying the remainder of the rent due under the contract IMHO.

ProDave

Did you actually go and view the property before you moved in? If so I would have thought the fact the kitchen was damp and stank would have been obvious?

FBaby

Did you have any discussions with the agency or landlord directly about what repairs they were intending to carry out.

Maintenance people, especially those contracted by letting agents have a tendency to be very eager in their judgement that repairs required involve refurbishing the entire room, of course discussing this in detail with the tenants...

You have no rights as you didn't even give the chance to your landlord to remedy to the issue. It's hard to believe that if it was so bad after only a month moving in that it requires a full new kitchen, you didn't notice the smell when you visited...