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Would you rent a flat where the communal zones look dirty?

24

Comments

  • vtoea
    vtoea Posts: 99 Forumite
    10 Posts Second Anniversary
    AdrianC said:
    vtoea said:
    Is there a way I can get my holding deposit back due to the mail box issue and cleanliness ?
    You paid a holding deposit without viewing, and now you want to pull out because you don't like what you saw on the viewing?

    And you think the deposit should be refundable...?
    I paid a holding deposit after viewing it but on the second view I had a better look and I could see nobody cleaned the
    communal areas since my last visit and I didn't pay attention to the mail box on first visit but on second I did.

  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    I paid a holding deposit after viewing it but on the second view I had a better look and I could see nobody cleaned the
    communal areas since my last visit and I didn't pay attention to the mail box on first visit but on second I did.

    It depends on what you've signed, but generally if you change your mind the holding deposit won't be refunded (that's what it's for!).

    You might have to decide whether to rent the flat or lose the deposit now.

  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 May 2020 at 1:39PM
    Before making a decision I'd speak to the other occupants and ask them if there is a problem with post or any other problems in the block.  I'd also put it in writing on the TA before I signed that the mail box is broken and will be fixed by x date and get the LA person to sign it too.

    How broken is it, if worse comes to worse can you fix it yourself? Youtube is often a mine of advice for DIY jobs.
  • vtoea
    vtoea Posts: 99 Forumite
    10 Posts Second Anniversary
    jonnygee2 said:
    I paid a holding deposit after viewing it but on the second view I had a better look and I could see nobody cleaned the
    communal areas since my last visit and I didn't pay attention to the mail box on first visit but on second I did.

    It depends on what you've signed, but generally if you change your mind the holding deposit won't be refunded (that's what it's for!).

    You might have to decide whether to rent the flat or lose the deposit now.

    I know the holding deposit is clearly for people changing their minds but I think asking for half of it back for the communal areas not being clean and broken stuffs sounds like misleading advertising to me. 
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Not unless the ad said communal areas are clean and mail boxes in good state of repair.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    I know the holding deposit is clearly for people changing their minds but I think asking for half of it back for the communal areas not being clean and broken stuffs sounds like misleading advertising to me. 

    You can ask, but if they say no there will be nothing you can do about it.

    Rarely hurts to ask though.


  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    vtoea said:
    AdrianC said:
    vtoea said:
    Is there a way I can get my holding deposit back due to the mail box issue and cleanliness ?
    You paid a holding deposit without viewing, and now you want to pull out because you don't like what you saw on the viewing?

    And you think the deposit should be refundable...?
    I paid a holding deposit after viewing it but on the second view I had a better look and I could see nobody cleaned the
    communal areas since my last visit and I didn't pay attention to the mail box on first visit but on second I did.
    So it's a straight-forward changed your mind because you didn't look properly first time...?
  • vtoea
    vtoea Posts: 99 Forumite
    10 Posts Second Anniversary
    edited 17 May 2020 at 3:33PM
    AdrianC said:
    vtoea said:
    AdrianC said:
    vtoea said:
    Is there a way I can get my holding deposit back due to the mail box issue and cleanliness ?
    You paid a holding deposit without viewing, and now you want to pull out because you don't like what you saw on the viewing?

    And you think the deposit should be refundable...?
    I paid a holding deposit after viewing it but on the second view I had a better look and I could see nobody cleaned the
    communal areas since my last visit and I didn't pay attention to the mail box on first visit but on second I did.
    So it's a straight-forward changed your mind because you didn't look properly first time...?
    Not really straight-forward I gave them time to fix the cleaning issue and I was expecting from my last visit they would clean the communal area and I even mentioned to the agent my dislike of what I had seen on my first visit now since seeing it again and expecting the issues to be solved I think
    is fair for me to ask for full refund of my holding deposit based on
    The Management of Houses in Multiple Occupation (England) Regulations 2006

    7.—(1) The manager must ensure that all common parts of the HMO are—

    (a)maintained in good and clean decorative repair;

    (b)maintained in a safe and working condition; and

    (c)kept reasonably clear from obstruction.

    (4) The manager must ensure that—

    (a)outbuildings, yards and forecourts which are used in common by two or more households living within the HMO are maintained in repair, clean condition and good order;

    (b)any garden belonging to the HMO is kept in a safe and tidy condition; and

    (c)boundary walls, fences and railings (including any basement area railings), in so far as they belong to the HMO, are kept and maintained in good and safe repair so as not to constitute a danger to occupiers.

    (5) If any part of the HMO is not in use the manager shall ensure that such part, including any passage and staircase directly giving access to it, is kept reasonably clean and free from refuse and litter.

    (6) In this regulation—

    (a)“common parts” means—

    (i)the entrance door to the HMO and the entrance doors leading to each unit of living accommodation within the HMO;

    (ii)all such parts of the HMO as comprise staircases, passageways, corridors, halls, lobbies, entrances, balconies, porches and steps that are used by the occupiers of the units of living accommodation within the HMO to gain access to the entrance doors of their respective unit of living accommodation; and

    (iii)any other part of an HMO the use of which is shared by two or more households living in the HMO, with the knowledge of the landlord.

    Since is a breach of regulation 

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    vtoea said:
    AdrianC said:
    vtoea said:
    AdrianC said:
    vtoea said:
    Is there a way I can get my holding deposit back due to the mail box issue and cleanliness ?
    You paid a holding deposit without viewing, and now you want to pull out because you don't like what you saw on the viewing?

    And you think the deposit should be refundable...?
    I paid a holding deposit after viewing it but on the second view I had a better look and I could see nobody cleaned the
    communal areas since my last visit and I didn't pay attention to the mail box on first visit but on second I did.
    So it's a straight-forward changed your mind because you didn't look properly first time...?
    Not really straight-forward I was expecting from my last visit they would clean the communal area
    Why? Did they say they would?
    The legislation you've quoted is about communal areas inside a property which is a HMO (e.g. the shared kitchen in a flat shared by several tenants), not areas which are communal to several flats.
  • vtoea
    vtoea Posts: 99 Forumite
    10 Posts Second Anniversary
    edited 17 May 2020 at 3:40PM
    davidmcn said:
    vtoea said:
    AdrianC said:
    vtoea said:
    AdrianC said:
    vtoea said:
    Is there a way I can get my holding deposit back due to the mail box issue and cleanliness ?
    You paid a holding deposit without viewing, and now you want to pull out because you don't like what you saw on the viewing?

    And you think the deposit should be refundable...?
    I paid a holding deposit after viewing it but on the second view I had a better look and I could see nobody cleaned the
    communal areas since my last visit and I didn't pay attention to the mail box on first visit but on second I did.
    So it's a straight-forward changed your mind because you didn't look properly first time...?
    Not really straight-forward I was expecting from my last visit they would clean the communal area
    Why? Did they say they would?
    The legislation you've quoted is about communal areas inside a property which is a HMO (e.g. the shared kitchen in a flat shared by several tenants), not areas which are communal to several flats.
    (i)the entrance door to the HMO and the entrance doors leading to each unit of living accommodation within the HMO;
    there is where is seen the lack of cleanliness
    Is within their duties to have someone do it i am pretty sure
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