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Nightmare Flat, Nightmare Bills. Advice?
 
            
                
                    AaronPS                
                
                    Posts: 12 Forumite                
            
                        
            
                    Hello Guys,
I'm just looking for some advice as I'm progressing with a complaint. In essence I agreed to move into a property via Martin & Co and I negotiated a reduced price with no agency fees as it had been listed for a long time and my issues start there really. I paid to take it off the market however Martin and Co still took viewings and it remained on Rightmove even after I'd paid.
More importantly than the above we had the following problems;
I'm going to raise an official complaint with the agent today and I want to know what my rights are? Are they somewhat responsible as they hadn't made us aware of any of these issues prior to moving and after 3 months of constant back and forth they haven't took any responsibility to fix the issues?
I also want to know if I would have grounds to cancel the tenancy early?
I probably haven't articulated this well enough so I apologise in advance if it's a little confusing.
                I'm just looking for some advice as I'm progressing with a complaint. In essence I agreed to move into a property via Martin & Co and I negotiated a reduced price with no agency fees as it had been listed for a long time and my issues start there really. I paid to take it off the market however Martin and Co still took viewings and it remained on Rightmove even after I'd paid.
More importantly than the above we had the following problems;
- Mould in both bathrooms
- Flies resting in the dirty drains and flying out
- Previous tenants furniture left
- Bed & Curtains result in bites
- Lack of drainage in both bathrooms
- Broken appliances - Microwave etc
I'm going to raise an official complaint with the agent today and I want to know what my rights are? Are they somewhat responsible as they hadn't made us aware of any of these issues prior to moving and after 3 months of constant back and forth they haven't took any responsibility to fix the issues?
I also want to know if I would have grounds to cancel the tenancy early?
I probably haven't articulated this well enough so I apologise in advance if it's a little confusing.
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            Comments
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            It sounds like most of your issues would have been apparent on viewing the empty property before agreeing to take it.
 As far as the electricity goes - the previous tenant's debts are separate to yours. The account IS in your name, right?0
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            Hello Adrian,
 I did view the property but expected it to have been cleaned since. I appreciate that I would have noticed the curtains being dirty but the drains not been cleaned, subsequent mould that built up in between and then the microwave buttons where glued back on and I expected to be left a bed and sofa's as opposed to the previous tenants cutlery, cups etcetc left in the cupboards.
 In terms of the electricity I've not taken on the previous tenants debts but because it's been on a PayG meter the storage heater hasn't been booting up correctly which after a number of weeks/engineers it turned that I needed to go on a two rate meter and from there British Gas have only fitted an Eco 7. I've got to wait a further 3 weeks to switch to EDF and then a further x amount until they can fit an Eco 10.
 To my knowledge the clock/timer/meter all need to be in sync so the boiler doesn't heat it up on peak times at peak price.
 I've shelled out £600+ in 3 months on what is essentially hot water (no heating, little to no electricity)
 I raised the issue on the day we moved in but Martin & Co haven't helped what so ever.
 Cheers for the response and if you have any other questions let me know as there's plenty more information. It's been going on for 3 months.0
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            Just to add nobody in my building knows if the Boiler only runs against Eco 10 hours as opposed to Eco 7 so I've got to wait for an Eco 10 provider to come in and fit it correctly and even they it may not marry up correctly.
 I haven't got any manuals and such for anything.0
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            Are martin & co the letting agent as well as your LL, ie they own the property or is there a separate owner.
 reduced fees, what did you mean by that,a reduced rental payment or just reduced fees for credit check etc.
 Most of your list of "unhappiness" should be directed at the LL or owner of the property,it's unlikely that your heating can be switched to anything other than an economy type tariff as it's probably how the building was designed, however you should not need to take on the previous tenants debt and you should have a new account set in your name.
 The issues with the mould and things within the flat should be addressed by the owner, If it has been going on many months then write to the owner not the Lettings agent and request some clarification going forward to resolve your issues.
 The issue with the heating,you say its been wired incorrectly,is that the case or is it that the internal clocks need altering to reflect the ecomony times it should be switching on.
 That could be an electrician type thing to investigate but it could just as be as simple as adjusting the timimgs.
 I have econ heating in one property and it does baffle tenants,however once they get used to how it all works,or are shown properly they do start to embrace it and see a difference in the bills etc.
 Unless martin and co are the owners of the property,going forward I would be raising your concerns with the owner/ll and possibly the electricity supplier.
 Do you have a check in inventory?
 How does that compare in terms of how the problems with mould etc are documented against how it actually was when you moved in.?
 Presumably you paid a full deposit and this was correctly protected and you were issued with prescribed information.?
 How long was the tenancy agreement you signed? presumably an initial 6 months or maybe 12
 Martin and CO I assume are the agents who act on behalf of the owner who's responsibility is to provide you the property,they take direction from the owner/LL and probably have very little influence over how well the property is maintained.They are just an agent.
 Your dealings should be with the owner/LL and in the case of perhaps it being British gas who have wired the meters incorrectly I would take the view that that is a LL issue that should be dealt with by the LL as it concerns the fabric of the property rather than just the supply of power or choice of supplierin S 38 T 2 F 50
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            Have you tried googling for the manuals for your storage heaters?
 I let out a flat with storage heaters, and you are quite correct they need to be timed properly to coincide with being charged up when the electricity is on the lowest tariff.
 As others have said, the repairs, cleaning, infestation issues with the property need to be raised in writing with the landlord, with a request that the issues are rectified within a reasonable timescale.
 You could also ask the landlord if they have any information on the most economic method of operating the heating and hot water.
 Best of luck.0
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            The mould in the bathrooms.
 You ARE using the heating, and you ARE using the extractor fans aren't you (I find most cases of mould are the tenant turning off the fan because it is noisy)
 What EPC does this property have? I suspect a pretty poor one which is another indicator it may not be cery well insulated so condensation might be common.0
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            Hello Guys,
 I'm just looking for some advice as I'm progressing with a complaint. In essence I agreed to move into a property via Martin & Co and I negotiated a reduced price with no agency fees as it had been listed for a long time and my issues start there really. I paid to take it off the market however Martin and Co still took viewings and it remained on Rightmove even after I'd paid.
 More importantly than the above we had the following problems;- Mould in both bathrooms
- Flies resting in the dirty drains and flying out
- Previous tenants furniture left
- Bed & Curtains result in bites
- Lack of drainage in both bathrooms
- Broken appliances - Microwave etc
 
 I'm going to raise an official complaint with the agent today and I want to know what my rights are? Are they somewhat responsible as they hadn't made us aware of any of these issues prior to moving and after 3 months of constant back and forth they haven't took any responsibility to fix the issues?
 I also want to know if I would have grounds to cancel the tenancy early?
 I probably haven't articulated this well enough so I apologise in advance if it's a little confusing.
 I've found HG Mould Spray to be very effective on mould as is Mr Muscle plug and sink unblocker, it might take care of the fly problem as well. Those are some quick wins.
 The previous tenant's furniture, is it on the inventory? If not is it in good enough condition to donate to charity? If not can you take it to the tip? If not include in letter below.
 Write (that's a letter not an email) to the address for the serving of notices given in your tenancy agreement listing the issues. If the infestation of whatever is biting you was there when you moved in it's your landlord's responsibility to sort it. The landlord is the person named in your tenancy agreement, that is with whom you have a contract and who is ultimately responsible for any repairs.
 https://england.shelter.org.uk/housing_advice/repairs/pests_and_vermin_infestations_in_rented_homes
 https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord
 The electricity supply I'm not so sure about because that's between you and the supplier.
 You don't have an automatic right to cancel the tenancy agreement but you could try and negotiate an early surrender of the tenancy. Whatever you agree get it in WRITING.0
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            Hello Guys,
 I appreciate all of the responses. I'll answer each point; Martin & Co are the managing agents on behalf of the Landlord. In terms of reduced fees they wanted £600 admin fees and then referencing. I negotiated them to waive those and then got the price of the property reduced from £1500 PCM to £1200 PCM. I paid a deposit and that is protected but I also paid money up-front to take it off the market as a good will gesture and Martin and Co kept it on there hoping somebody else would snap it up and they'd get there fees. I just see that as really bad business practice.
 The issue isn't necessarily with the Supplier. The bills have always been in my name but the process of replacing the PAYG has now taken around 6-7 months and in the meantime I've paid massive bills because the previous tenants & landlord hadn't taken responsibility to get it sorted. I was basically told as I was handed the keys that it's a PAYG meter and I'd have to sort it.
 The reason it's taken so long is 1. I had no idea how the meter worked and had to get engineers out. 2. British Gas thought I could fit a smart meter etcetc which doesn't work. 3. British Gas continued to muck about until I researched what I needed. 4. British Gas had to come out fit everything and get it changed.
 I made the managing agent aware of the issues on multiple occasions (I was going through £10 a day in electricity when I moved in) but at no point have they looked to remedy anything. I had no manuals or instructions on any part in the property.
 I clean the mould regularly so it isn't a particular issue but i feel it's a reflection of the disrepair that the property was left in which wasn't apparent before I moved in.
 I have the towel rail as my only form of heating (can't afford any other with the way the bills are). I've never heard the extractor working so I would imagine it's probably broke.
 I'd need to go over the Inventory again to be honest but they do note on there that the previous tenant had left furniture. Problem I have is that we can't really take it anywhere. I live in the city centre and I doubt any charity shop will come to pickup any junk plastic and I don't drive. It's not that much of an issue but again it's another example of them not really get everything in order.
 EPC is D I believe.
 I'm going to raise a complaint through Martin & Co today and I just wanted to clarify whether I'd be laughed out of the building. I'm an Insurance Broker by trade and if I don't fulfill a certain duty of care to my clients then we have a regulator who would double check our work and I'm not sure how that works for estate agents?
 I've had 2/3 cowboys now and the Industry is a shambles here in MANC.
 Cheers.0
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            I'd also like to add that British Gas confirmed verbally several times they would fit an Eco 10 meter but when they arrived they refused and fitted a PAYG Eco 7. I'm looking to switch to a competitive provider (EDF) but it takes 3 weeks to switch, a further 28 days to come off PAYG and then they'd have to come and fit an ECO 10 which took as long as they see fit really.0
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            Letting agencies have to be signed up to one of three redress schemes. Before raising a dispute with the redress scheme you have to have exhausted the letting agent's own complaints procedures first.
 What exactly are you complaining to Martin & Co about? If it's the holding deposit you paid whilst Martin & Co continued to show people around I've found that letting agents often do this. I think that they continue to do it in case you fall through but no one else is offered the property unless you back out. It's happened to me in past and is a bit annoying.
 It's your landlord that is responsible for the condition of the property as far as you are concerned, not Martin & Co. To get repairs carried out you need to address your complaints to the landlord (yes I know the address is c/o Martin & Co) and follow the process outlined in the Shelter link I gave in an earlier post.
 The electricity meter I am still unsure about because the meter belongs to the electricity company, not the landlord. Martin & Co saying it would be sorted was probably just BS.
 https://www.citizensadvice.org.uk/consumer/energy/energy-supply/your-energy-meter/get-your-prepayment-meter-replaced-with-a-normal-meter/0
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