Grounds for winding down AST?

Joe_00

I've been in touch with CAB on this one and they've advised "under the Consumer Protection from Unfair Trading Regulations 2014, due to the aggressive and misleading practice that has caused you to enter into a contract you would not have otherwise entered into. You can unwind the contract as you are within 90 days of the formation of the contract. This would place you in the pre-contractual position."

In summary, just over 2 weeks ago, I began renting a room (6 mths AST) from agents who are acting as landlord - managed property. There's only me living here at the minute, sounds like landlord has been re-fitting the other 2 rooms, as these are now being advertised.

On viewing day, bed matched ad photos - covered in new fitted sheets, duvet and pillows. On move-in day, confronted with a bare and heavily-stained mattress.

Radiator in bedroom was jammed on, radiator in en-suite bathroom non-working, then noticed a recently-emptied container hidden behind the sink pedestal; catching drips from a leaking pipe. Boiler located in ensuite was/is noisy, running at 4 bar, living room radiator not working, drawer panel in kitchen had been (recently) ripped off and left on living room floor. Landlord appeared to have recently been round and left a giant cardboard IKEA wardrobe box leaning against the wall.

Front door doesn't fit frame - very noticeable level of outside sound intrusion into every part of the property -  especially car doors slamming at night.

Agents have sent round cowboy workmen to 'address' the heating piecemeal on various occasions and said the landlord won't be doing anything to the door.

There's more defects / disrepar i've discovered in the communal areas, which I won't list here.

Illegal entry - plumber was due round last Friday while I was at work, didn't turn up. Then on Saturday, I was having a long lie-in (slipping into back into depression) and I heard somebody shouting 'hello' from downstairs (presumably through the letterbox), by the time I got dressed, there was a stranger in the living room, who could barely speak a word of English, claiming to be the plumber. I had no warning of the previous day's cancellation or that they were sending someone on Saturday, instead. Tbh, I think they sent him around without giving a toss.

I kicked off telling him that 24 hours notice was required and that having a key doesn't grant legal right of access.

When I calmed down, I said you may as well attempt to address the issues, he wanted to drain the system and at that point, I asked him to come back Monday while I was at work.

They came out this Thursday and  I woke yesterday morning to no hot water, the boiler was reading zero pressure and not firing up on demand. Went to work without a shower (new job, recently relocated)

They came back yesterday, heating was back on...then the bedroom radiator died at 7-8pm.

I saw a new GP on Tuesday, informed him the housing situation is retriggering my clinical depression, which can get severe and this presented a risk to my career / potential homelessness. He agreed to increase my medication.

I believe they hid the mattress stains intentionally

The AST states their obligations to s.11 LTA, 1985. They've let the room without the property having adequate, basic amenities. The fact that someone emptied the ad-hoc  drip tray under the sink on/around the date of their check-in inventory takes the !!!!!!!

I offered to surrender my tenancy the other week and notified the agents of my intent to pursue wind-down otherwise. They refused on both points, saying I have no grounds. They offered to re-advertise the room and AFAIK, had no interest. The ad went live 2 weeks ago.

CAB have now advised me to write to them via recorded delivery, ask for a copy of their complaints process and offer to resolve via ADR.

Based on my dealings with the agents, they are not going to give in and I can see this one requiring solicitor involvement and court.

CAB seem to think I have grounds to wind-down, what are others' informed opinions, please?

[Deleted User]

I'll do my best to ask a few questions that may help others answer in more detail:
1.  Were you told the bed would come with the room? And is it in the contract? If so, what does it state?
2. Did the agents say that there was no outside noise in the property?
3. Are the agents/landlords doing something (even if not perfect) to try fix the radiators? 

Unless the agents agree to a wind down then you will need to go down a legal process as far as I know.  Winding down acontract needs to be agreed by both parties.

I do agree about accessing without permission. That is obviously not on but is there anything to say that was done with any malice or could it have been an error on a plumbers part who was just trying to do a job? 

csgohan4

From our resident helpful G_M he has two stickies which might be useful to you

https://forums.moneysavingexpert.com/discussion/comment/67759903#Comment_67759903

https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_67759913

Joe_00

 Thanks for replying.

Yes, the room was let as fully furnished and the mattress was noted on the check-in inventory (as stained). I only got to see the stained mattress and retro-fitted honesty on the check-in inventory after moving in.

I need to make the point that it's not the stained mattress itself, it's the fact that a stained mattress is often indicative of other issues in a property. They dressed the situation up to make it appear 'other'. Or to put it another way, the average person is highly unlikely to come to a house viewing and start ripping off new bed linen and pillows to check for anything untoward.

No, they did not say there is no outside noise in the property and I've yet to see an advert that does.

Yes, they've been making some attempts to fix things. On the other hand, if they said in the advert 'boiler doesn't work properly, nor do 3 radiator s and we have a plastic container under the ensuite sink because of a leaking pipe'. Would you rent it?

While I've been replying, another letting agent, acting on behalf of the landlord has just let himself in to show one of the other rooms. No warning given. I raised this with him and he basically said "we don't generally give notice of viewings of other rooms/communal areas".

I've rented for 25 years and this entire situation is far from normal.

[Deleted User]

Joe_00 said:

 

While I've been replying, another letting agent, acting on behalf of the landlord has just let himself in to show one of the other rooms. No warning given. I raised this with him and he basically said "we don't generally give notice of viewings of other rooms/communal areas".

What are you renting according to the tenancy agreement? Just a single room?  What is mentioned about access to common areas

The 24 hour notice thing only applies to bits you are renting.  If you are renting a room and have general access to common areas then they only need to give you notice to come in to your room, they can come and go in the common areas if they wish (subject to the wording on your tenancy agreement)

G_M come back!

AdrianC

Joe_00 said:

On viewing day, bed matched ad photos - covered in new fitted sheets, duvet and pillows. On move-in day, confronted with a bare and heavily-stained mattress.

I believe they hid the mattress stains intentionally

Joe_00 said:

 Yes, the room was let as fully furnished and the mattress was noted on the check-in inventory (as stained).

I think you've got a bit of an inherent contradiction going on there... It's not exactly doing a very good job of deliberately hiding stains to put on the inventory that it was stained, is it? And surely you weren't expecting to find the bed made with sheets/duvet/pillows provided for you when you moved in?

[Deleted User]

While its definitely not ideal - mattress stains can be cleaned, then dry the mattress as much as you can with towels (use google for advice).  I've managed to do it with a minimum of liquid when using white vinegar).

Again, not ideal but it does sound like the LL is trying to make some repairs.

Common area access IS allowed without notice.

Shelter makes it clear what conditions make a  rented property uninhabitable  https://england.shelter.org.uk/housing_advice/repairs/is_your_home_fit_for_human_habitation .  It does seem that where you are living meets the 'lack of heat' condition but I suspect by the time you take the recommended action of taking the LL to court this will be fixed.  It might be useful to phone Shelter and ask for clarification.  It is possible that you could use this to negotiate leaving the property but it will be up to the LL whether they will allow this as far as I know.  

I know this is not what you want to hear.  I would see if your GP can refer you for further support meanwhile.

I echo Adrian C - this site needs G_M for questions like this.

Joe_00

I've already sought advice from Shelter and CAB to clarify my position re Consumer Protection (Amended) Regs 2014. The advice CAB provided to myself  is clearly quoted at the start of my post.

What we are discussing here is not whether bed sheets were supplied or the bodged plumbing attempts, but the process of entering contractual agreement, as it concerns tenancies.

If you're not sure what I'm on about, google "Shelter, winding down a contract, plus the above quoted regs" as a single search.

Regarding mattress stains,  removable, or otherwise, hiding them out of sight until an AST is signed is a misleading action.

Advertising a room as ready to live in when it's clearly not, is a misleading action.

The law quoted above is around the interactions of the seller to influence purchaser leading up to / at the time of contractual agreement.

Withholding information that would otherwise, likely inform a 'reasonable person' (legal definition) to make a different choice is considered misleading/aggressive under the regs.

Remedies after the fact do not reverse actions taken by the seller at the time, if I'd have seen the stained mattress on the viewing day, I would have walked away.

It's reasonable to expect, when signing a tenancy, that basic amenities are in good repair before moving in. That line of reasoning would stand up in court.

They even refer to upholding their obligations to this by quoting s.11 1985 of Landlord & Tenancy Act in the AST. They can claim unawareness, but they signed a contract on the back of their advert (heating of a property is implicit) that is lack of due diligence, which in legal terms, is negligence.

Or are we saying the tenant has to assume that the heating and hot water don't work, but still sign the contract anyway? That line of reasoning would not stand up in court, as it is illogical and counter to the actions of a reasonable person.

CAB think I've got a case, otherwise they would not have advised as per the first paragraph in my original post. I was looking for a legally informed opinion from someone with experience of that particular legislation.

I've already been advised to serve the letting agents a letter of intent, offering going to ADR.

SpiderLegs

If you want legally informed opinion I suggest you consult a lawyer rather than asking randomers.

i would love to hear the outcome though.

[Deleted User]

Based on what you've said I personally don't think you have a case despite what CAB have said. However, that is just my interpretation of the law but I am not legally trained. If you want legal advice you'll need to go and engage a solicitor. 

As for plumbers and the landlord entering the communal areas without 24 hour notice, if you are just renting a room and not the whole property then they absolutely can do that from a legal point of view. 

tom9980

Lover_of_Lycra said:

Based on what you've said I personally don't think you have a case despite what CAB have said. However, that is just my interpretation of the law but I am not legally trained. If you want legal advice you'll need to go and engage a solicitor. 

As for plumbers and the landlord entering the communal areas without 24 hour notice, if you are just renting a room and not the whole property then they absolutely can do that from a legal point of view. 

SpiderLegs said:

If you want legally informed opinion I suggest you consult a lawyer rather than asking randomers.

i would love to hear the outcome though.

I agree with these two, I suspect cab are wrong but by all means try.