Advice about suing letting agent

Emerald18

Hi I've been well and truly conned. When I moved into a room through Belvoir Cambridge the place turned out to be squalor with an non-functioning en-suite. Filth, some brown like poo, some red like blood, are smeared and sprayed all over the walls, curtains and carpet. The entire bathroom is completely blocked and a plug socket comes out of the wall with stains of brown liquid running down from it. I won't give more details in this post so it doesn't get longer than it already is. It was a traumatic experience and the full scope of what happened is in my google review (can't post link so look up Belvoir Cambridge, reviews, then look under Caroline Kemp).

The LA refused to acknowledge the utter filth like nothing I've seen before (I did view the room, but didn't see it because the tenant's stuff was everywhere including the carpet and just before the viewing 5-7 strangers joined and we were all crowded in the small room, with them walking up and down the narrow space by the bed. They were not there when my appointment started in a different property, or my next appointment with Belvoir and all other viewings of any houses in my life have been alone. I have confronted them about this, again like in my google review on other issues, no acknowledgment).

I moved out after 5 days (first 3 away and then 2 hellish nights) and mailed them the keys via register post.

I have tried mediation, where they promised to readvertise and refund all fees, rent for 1/2 month, then 1 1/2 months while they rectify some problems (they still won't acknowledge all), hence pushing the date back twice without a change in contract. They said they would pay by 6th April. It's been 2 weeks after the deadline and I have received nothing. I had to chase them up 3 times with the readvertisement, so the ad on spareroom was delayed by 1 1/2 weeks.

I have heard nothing from them since they promised me the money. They still insist I'm a tenant but I have been given no updates on repairs or proof of them. Considering the ad is the one when I viewed the room, with the same photoshopped picture, I'm sure they have done nothing.

Can I sue them for misadvertisement? (Supposed to en-suite and looks nothing like in the ad, unfortunately I can't attach photos as links are not allowed.)

Can I sue for breaches of contract? (Changing move in date twice, not clean and faulty electricals (contract says last two are responsibility of LL).

Can I sue for all the money I gave them back? Including deposit. They have nearly £2k of my cash.

Can I sue for hotels I have been staying in since? (I chose best value for money for B&B while looking for another place, but this comes to £300-400 pw).

Can I sue for nervous breakdown and time off work as a result of this, which I did explain to employer but have not seen doctor as have no fixed address?

Photos, videos and correspondence are on my twitter page carolinelkemp. Including a video of the blocked bathroom and a tour of every piece of dirt (need to log in to see those two at bottom of page). 5 hours after they gave me the keys they sent me the inventory with the same pictures and listed the dirt, while at the same time refusing to acknowledge it in response to my complaints until they received my keys.

I have given up on communicating with them. The fact they banned what they claimed is a current tenant from from their facebook review page and lied about paying back the money shows they are unapproachable. They hide behind behind the same rhetoric of I not abandoning the contract, the room was professionally cleaned before moving in and other people say there is nothing wrong with the bathroom. They don't care what the person whom they claim is the tenant says. It takes drastic action for any acknowledgment. They only pretended to plan some repairs and offer me money after they received my keys, and that turned out to be a lie.

I will be grateful for any advice.

Thanks.

Edit: the forum put in !!!8217 instead of apostrophes. I corrected it, but it still got corrupted. I can!!!8217;t do anything about it.

Edit again: forgot to mention I have cancelled the standing order. Because of their confused emails of putting back the start date and then not refunding me, I have no idea when they are expecting rent anyway.

Edit: thanks for telling me how to switch the apostrophe issue off. That keyboard never corrects my punctuation with it on.

anselld

Turn off smart punctuation in Settings>General>Keyboard.

I fear if you had came here before deciding to leave the advice would have been to roll you sleeves up and get the rubber gloves on.

There is no particular rule about cleanliness so long as the inventory reflects the correct condition. There is a set procedure to follow regarding repairs unless the place is obviously uninhabitable.

So, unfair as it may seem to you, the abandonment of your contract is a more serious matter than the failings of the letting agent.

If you make sufficient nuisance (and perhaps let them know you will complain to their redress scheme) then they might agree to settle. They will know that legal action is a fairly empty threat as you will simply be throwing good money after bad.

Emerald18

The room is uninhabitable. It's not possible for me to clean it, the walls have to be repainted and carpet replaced. They admitted this after I sent them the keys. That's what it took to get them to seem to take anything seriously. If you look at my twitter account used solely for pooling evidence (carolinelkemp), you'll see how severe it is. To the point it certainly would lead to physical illness if I stayed. Also they out right told me they would not fix the bathroom while I was still there as they didn't recognise the blockage which caused the sink and shower to fill up instantly and meant I couldn't flush the toilet often. It's been over a month since the tenancy started acoording to the contract and they haven't given any updates on repairs so I assume it's still in the same state. But they changed the date twice. They also promised all fees and rent I've paid so far by 2 weeks ago and received nothing. I've lost the plot with them.

agrinnall

If the room is that bad it was surely obvious when you viewed before accepting the tenancy. Perhaps you should sue yourself.

poppasmurf_bewdley

If you can only afford to rent one room in a house (which I presume it is), then how on earth do you intend to raise the many thousands it would cost you to sue the agent?

Flight of fancy maybe?

anselld

I don't do Twitter or Facebook, and they are not part of any legal redress process.

Did you contact Environmental Health?

Have you registered an official complaint?

Have you taken the complaint to the relevant redress scheme (at the bottom of the page)? ...
https://www.belvoir.co.uk/pages/cambridge-branch-landlords
ie tpos.co.uk

Have you tried the old fashioned camp out in their office?

You can't lose the plot, they have your money.

Doozergirl

I've looked at the Twitter account and it just looks like a slightly grubby, but ultimately perfectly okay room. It is certainly not a hellhole, it is perfectly habitable.

I'm not surprised that they haven't released you from the contract. A lot of those marks will go with scrubbing the walls. I'm not sure why you wouldn't want to out your clothes near some scrape marks on a magnolia painted wall?

Hiring a carpet cleaner or even getting someone in to clean it properly and taking the curtains to the dry cleaner is what you need to do. Replacing the carpet might be ideal, but if it is clean then the marks are cosmetic. Same as the walls, a repaint would be ideal for perfection, but it isn't unsanitary.

Also, you have a Saniflow. They are smelly sometimes, as the pump releases air from the unit. There is no blockage. The units need servicing once a year (a company called Pumpmaster is respectable. The seevice is £99 plus any repairs/parts, it's usually about £160 for ours).

If you can switch it off at the isolator, pour a load of THIN bleach into the bowl, flush toilet and leave overnight, it will give the pump box a good disinfection and should help the smell. But perhaps a service will help as if the wrong products are put down it then there's a seal which can get baggy and let a bit more smelly air out than it should.

Even paying for that lot yourself would be cheaper than the expense you are causing yourself right now. You are not entitled to forfeit your contract and you cannot sue the agent. If you converse sensibly then perhaps they will reimburse you for the cleaning, but you still owe the rent from the day you signed. You are contractually obliged.

I think you need to calm down and look objectively at what can be done to improve it and manage your own expectations a little bit.

Doozergirl

You don't need to be on twitter to see the tweets on the twitter website. I can't post a link as I have the app so it automatically opens it for me, but if you google "twitter @carolinelkemp" then you'll get to the right place.

The OP doesn't seem to be seasoned at twitter either as she's directed the tweets to belvoir directly so they're not entirely public, you have to go looking for it.

00ec25

it is obvious that you have totally overreacted to what is merely a room showing signs of being one that has seen previous use

if you expect to live in a room that is as clean as a 4 star hotel then you'll need to pay for that level of property.

you have broken your rental contract, you can expect there to be repercussions from having done so

given the allegations you are throwing around and the lack of evidence to support your OTT stance, be very careful it is not the LA who sue you for defamation

link:
https://twitter.com/CarolineLKemp

Gabbs_the_Newt

I also have seen the twitter account. The property is not clean, but it is perfectly habitable. 3 - 4 hours of elbow grease and it would be glistening.

need_an_answer

Whilst I concede that the photos are not very pretty to look at and no tenant would want to move into a place that looked as if it had not been cleaned,as a LL the pictures are quite reflective on how some tenants choose to leave the property when they move out.

I assume that you have a check in inventory that documents the condition and if so that's an indication that you are not expected to leave it in any worse state when you vacate.

My guess is that cleaning was overlooked between the move out of one tenant and the move in of the OP.

I used to be a little squeamish of this type of thing but you do get hardened to it and I can quite honestly say theres nothing in those pictures that a good few hours wont put right.
I have seen many properties where they have been handed over spotless and returned in that manner and its just down to an expectation that is clearly not carried forward from check into check out.