New flat not fit for purpose - what to do?

HarryGray

Hi everyone,

My partner and I were supposed to be moving into a one bedroom flat rented by a letting agent on beginning towards the end of August. Upon arrival, the property looked nothing like when we looked around in July.

Our contract stated there must be a professional clean before we move in, which we suspect there wasnt as there was dirt and dust everywhere. The letting agent is refusing to give us a cleaning receipt too.

The main issues though, are that there is a clear leak in the bathroom which is causing damp flooring into the bedroom under the cupboards. I suffer from asthma so this is quite unhealthy for me.

Furthermore, the carpet in the bedroom has been eaten by moths as apparently the room has an ongoing moth infestation.

We refused to take the keys and got alternative temporary housing. We let the letting agent and the landlord know that we are not happy and expect our first month rent returned. We want to get out of the contract. The letting agent said this isnt possible and that we need to give them time to make the fixes. Our contract states that the break clause is 11% of the remaining tenancy + VAT and the landlords permission. Our contract is 24 months.

What is our best course of action?? Should we offer 3% of the remaining tenancy and if they say no we fight for our first month rent back in small claims court??

Thanks
Harry

Pixie5740

HarryGray wrote: »

Hi everyone,

My partner and I were supposed to be moving into a one bedroom flat rented by a letting agent on beginning towards the end of August. Upon arrival, the property looked nothing like when we looked around in July.

Our contract stated there must be a professional clean before we move in, which we suspect there wasnt as there was dirt and dust everywhere. The letting agent is refusing to give us a cleaning receipt too.

The main issues though, are that there is a clear leak in the bathroom which is causing damp flooring into the bedroom under the cupboards. I suffer from asthma so this is quite unhealthy for me.

Furthermore, the carpet in the bedroom has been eaten by moths as apparently the room has an ongoing moth infestation.

We refused to take the keys and got alternative temporary housing. We let the letting agent and the landlord know that we are not happy and expect our first month rent returned. We want to get out of the contract. The letting agent said this isnt possible and that we need to give them time to make the fixes. Our contract states that the break clause is 11% of the remaining tenancy + VAT and the landlords permission. Our contract is 24 months.

What is our best course of action?? Should we offer 3% of the remaining tenancy and if they say no we fight for our first month rent back in small claims court??

Thanks
Harry

Harry can you please quote the exact wording of the break clause because what you've written doesn't sound like a break clause but the terms under which the landlord might accept a mutual surrender of the tenancy.

HarryGray

Pixie5740 wrote: »

Harry can you please quote the exact wording of the break clause because what you've written doesn't sound like a break clause but the terms under which the landlord might accept a mutual surrender of the tenancy.

Hi Pixie. Thanks for replying. The wording of the contract states:

'If the tenant requests to surrender the tenancy prior to the end of the fixed term, and the Landlord agrees to the surrender, then the Tenant will be responsible for rent until the agreed vacating date and for reimbursing the Landlord the letting fee of 11% plus VAT due to the Landlords Agent for the remaining fixed term of the tenancy'.

00ec25

HarryGray wrote: »

Hi Pixie. Thanks for replying. The wording of the contract states:

'If the tenant requests to surrender the tenancy prior to the end of the fixed term, and the Landlord agrees to the surrender, then the Tenant will be responsible for rent until the agreed vacating date and for reimbursing the Landlord the letting fee of 11% plus VAT due to the Landlords Agent for the remaining fixed term of the tenancy'.

that is not a break clause, it is the terms offered if a mutually agreed surrender is accepted

The terms are:
- pay rent in full until the agreed end date when you move out
- pay the fee charged to the LL by the letting agent which appears to be 11% + VAT based on the amount of rent remaining to be paid until the original end date of the tenancy (ie the 24th month date).

you can try and negotiate, expect to be rebuffed

HarryGray

00ec25 wrote: »

that is not a break clause, it is the terms offered if a mutually agreed surrender is accepted

The terms are:
- pay rent in full until the agreed end date when you move out
- pay the fee charged to the LL by the letting agent which appears to be 11% + VAT based on the amount of rent remaining to be paid until the original end date of the tenancy (ie the 24th month date).

you can try and negotiate, expect to be rebuffed

Thanks, I totally expect to be rebuffed! Although the contract started two days ago, so surrendering now they would obviously get a larger payout so I'm not sure why they wouldn't accept?

Would we negotiate directly to the landlord over this or would we have to go through the letting agent?

Smodlet

Pixie would know better than I but it might be worth contacting the Environmental Health dept. of your local council and asking them to inspect the flat. They have the power to force LLs to make repairs.

Good luck, OP. Far too many private LLs get away with this kind of thing and the council won't know unless you tell them.

saajan_12

HarryGray wrote: »

Hi everyone,

My partner and I were supposed to be moving into a one bedroom flat rented by a letting agent on beginning towards the end of August. Upon arrival, the property looked nothing like when we looked around in July.

Our contract stated there must be a professional clean before we move in, which we suspect there wasnt as there was dirt and dust everywhere. The letting agent is refusing to give us a cleaning receipt too.- this wouldn't be a material enough term to cancel the contract, assume its even an enforceable term. There's no definition of a 'professional clean', and the LL/LA doesn't have to prove to you it was done.
Option a) If the term is enforceable, get a 'professional cleaner' yourself and ask them to reimburse you. You then must return the property cleaned when you leave at your cost. Not sure you'll succeed..
Option b) You simply have to return the property in the same (uncleaned) condition you found it.

The main issues though, are that there is a clear leak in the bathroom which is causing damp flooring into the bedroom under the cupboards. I suffer from asthma so this is quite unhealthy for me. - So this is a repair issue. Report in writing to the LL (cc'ing the agent) and follow through the steps to get it repaired.

Furthermore, the carpet in the bedroom has been eaten by moths as apparently the room has an ongoing moth infestation. - so report this, asking for the carpet to be replaced and the infestation cleared.

We refused to take the keys and got alternative temporary housing. - who's paying for the alternative housing? None of the issues sound like they would make the property uninhabitable. If you choose not to move in, that's up to you but you're still bound by the lease and should get the issues repaired, not the entire contract cancelled. We let the letting agent and the landlord know that we are not happy and expect our first month rent returned. - Why? They provided a property. We want to get out of the contract. The letting agent said this isnt possible and that we need to give them time to make the fixes. Our contract states that the break clause is 11% of the remaining tenancy + VAT and the landlords permission. Our contract is 24 months.- The LL can just withhold permission, so that's not a break clause. That details the terms of an early surrender. So
option A) you're liable for rent for the remainder of the lease
option teh LL agrees an early surrender and you're liable for 11% rent for the remainder of the lease.
.. THE LANDLORD CHOOSES, NOT YOU.

What is our best course of action?? Should we offer 3% of the remaining tenancy and if they say no we fight for our first month rent back in small claims court?? - You can try, I doubt they'd agree to 3% if the 11% reflects an actual cost of LA fees the LL will have to pay. Also I doubt you'd get anywhere in small claims court other than extra court costs to pay.. you can't unilatterally terminate the contract.

Thanks
Harry

If you're not locked into your alternate housing, I'd move in to this property and get reporting the issues with this property so they can be fixed sooner. Damp and moths are entirely fixable problems.

If you have committed yourself in two places (this one and the alternate) then better ask very nicely for an early surrender for either one and hope the LL agrees, and pay whatever terms they ask for (ie the 11% here).

G_M

I'm afraid the advice you've received here is correct.


It's a sad reflection on this landlord (and possibly his agent) that he is willing to let a property with repairing issues, and unwilling to 'professionally clean' despite saying he would.


However, in law, you have a contract whereby you agreed to pay rent and he agreed to provide a property. That is legally binding. There are processes regarding getting repairs completed, and the cleaning issue can also be resolved.


Neither justify rescinding the contract completely. And sadly the 'Break Clause' is not a Break Clause - it can only be initiated by mutual agreement.



* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

HarryGray

G_M wrote: »

I'm afraid the advice you've received here is correct.


It's a sad reflection on this landlord (and possibly his agent) that he is willing to let a property with repairing issues, and unwilling to 'professionally clean' despite saying he would.


However, in law, you have a contract whereby you agreed to pay rent and he agreed to provide a property. That is legally binding. There are processes regarding getting repairs completed, and the cleaning issue can also be resolved.


Neither justify rescinding the contract completely. And sadly the 'Break Clause' is not a Break Clause - it can only be initiated by mutual agreement.



Thanks for this reply. At what point should these repairs be done however? If we move in on the 10th September and the fixes aren't sufficient surely we can take them to small claims court and say that the repairs have not been done?

I also don't understand why the landlord would refuse to let us surrender our tenancy agreement if we agreed to pay 11% - albeit a lot of money. We would now rather do this than have to live there for two years.


Another question - surely we have a right to our first month rent back? Considering we moved into the property and no one from Dexter's inspected the property prior to our move, and have now started saying they will do all the repairs. Surely until these repairs are done we shouldn't have to pay rent? A moth infested house? How could we possibly pay rent for something like that?

saajan_12

HarryGray wrote: »

Thanks for this reply. At what point should these repairs be done however? they should be done within a reasonable time to fix specific to each issue. So if you owned the property and it would take you x days to call the relevant tradesperson, source parts / materials etc.. If we move in on the 10th September and the fixes aren't sufficient surely we can take them to small claims court and say that the repairs have not been done? - it wouldn't be small claims court, there is a process advised by Shelter to chase repairs and then eventually if nothing is done then report them further or get them done yourself and deduct from the rent. But you have to follow each step, you can't just skip to the end.

I also don't understand why the landlord would refuse to let us surrender our tenancy agreement if we agreed to pay 11% - albeit a lot of money. - They would refuse because they have found a tenant and terminating means more advertising costs, re referencing, longer void in rent.. the 11% just reflects the cost they would pay out to the agent, not their total costs if you leave. We would now rather do this than have to live there for two years. - That's not your choice to make. The LL can hold you to the full lease.


Another question - surely we have a right to our first month rent back? Considering we moved into the property and no one from Dexter's inspected the property prior to our move, and have now started saying they will do all the repairs. No, you had access to the property so you owe rent. Dexter's is presumably the LANDLORD'S agent, who have no obligation to you. The LL has no obligation to inspect anything.. indeed it will help you when you leave and they try to claim deposit deductions, as they may have no / minimal evidence of ths starting condition.
Surely until these repairs are done we shouldn't have to pay rent? A moth infested house? How could we possibly pay rent for something like that?

IF the property is uninhabitable (as defined by Environmental Health, not you nor I), then the contract could be frustrated. Nothing you have mentioned comes close to this. These are simply repair issues. The tenancy continues, you have full access to the house and you have full liability for the rent. You just have some repairs to report & follow up on.

HarryGray

saajan_12 wrote: »

IF the property is uninhabitable (as defined by Environmental Health, not you nor I), then the contract could be frustrated. Nothing you have mentioned comes close to this. These are simply repair issues. The tenancy continues, you have full access to the house and you have full liability for the rent. You just have some repairs to report & follow up on.

The council have informed me that indeed a pest infestation and damp coming from a leakage could be uninhabitable.