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

13

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    vtoea said:
    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 do it i am pretty sure
    The "unit of living accommodation" is each bedroom in the HMO. The entrance door to the HMO is the front door of the flat or house. This doesn't have anything to do with communal areas in a block of flats - and in any event, doesn't get you your deposit back.
  • vtoea
    vtoea Posts: 99 Forumite
    10 Posts Second Anniversary
    davidmcn said:
    vtoea said:
    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 do it i am pretty sure
    The "unit of living accommodation" is each bedroom in the HMO. The entrance door to the HMO is the front door of the flat or house. This doesn't have anything to do with communal areas in a block of flats - and in any event, doesn't get you your deposit back.

    (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.


    sorry but did you even read the legislation ?

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    But your property isn't an HMO. All of the legislation thet you've quoted is irrelevant.
  • vtoea
    vtoea Posts: 99 Forumite
    10 Posts Second Anniversary
    edited 17 May 2020 at 4:01PM
    Slithery said:
    But your property isn't an HMO. All of the legislation thet you've quoted is irrelevant.
    I am pretty sure the legislation is same for any accommodation even if I didn't quoted the right law

    The landlord is responsible for:

    • repairs to garden paths, walls, fences and gates where installed by the landlord
    • the replacement of wheelie bins every seven years where replacement is necessary
    • replacement of rotary clothes driers
    • maintenance of communal amenity areas, unless the local council is responsible
    • outside repair work involving structural repairs to walls, outside doors, windows (but not replacement of glass), roofs, chimneys, valleys, gutters, downpipes and house drains (excluding cleaning of gullies)
    • external paintwork
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    vtoea said:
    I am pretty sure the legislation is same for any accommodation even if I didn't quoted the right law
    Then you would be incorrect.
  • vtoea
    vtoea Posts: 99 Forumite
    10 Posts Second Anniversary
    Slithery said:
    vtoea said:
    I am pretty sure the legislation is same for any accommodation even if I didn't quoted the right law
    Then you would be incorrect.
    So who is responsible for cleaning the communal areas then if its a big building with multiple flats?
    Someone for sure is responsible 
  • blue_max_3
    blue_max_3 Posts: 1,194 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    It's the owner you need to convince. 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    vtoea said:
    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
    Umm, you're getting things confused here.

    The letting agent is acting on behalf of the landlord of that flat.
    The landlord of that flat is the leaseholder for the flat within the development.
    The leaseholder is not responsible for the common areas - the freeholder is, through the building's management agent.

    The chain of moaning here is...
    You -> LA -> LL -> MA

    If you didn't like the common area, why did you place the holding deposit? The letting agent and landlord have no direct influence over it, either today or ongoing.
  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    vtoea said:
    Slithery said:
    vtoea said:
    I am pretty sure the legislation is same for any accommodation even if I didn't quoted the right law
    Then you would be incorrect.
    So who is responsible for cleaning the communal areas then if its a big building with multiple flats?
    Someone for sure is responsible 
    Its not a house of multiple occupation HMO. Your quoted legislation for HMOs is not the same for any building.

    The flats could be occupied and owned by a certain amount of people. There might be multiple Landlords?

    Where I live the nearest town has multi flats, the communal areas are cleaned by the residents.

    Have you asked the estate agents who if anyone is responsible?

    So to answer your original question I would not move to a flat where the neighbours appear to be  slovenly and do not take a pride in their surroundings.
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    vtoea said:
    Slithery said:
    vtoea said:
    I am pretty sure the legislation is same for any accommodation even if I didn't quoted the right law
    Then you would be incorrect.
    So who is responsible for cleaning the communal areas then if its a big building with multiple flats?
    Someone for sure is responsible 
    Could be the residents.

    Could be the management company if they employee cleaners.

    Could be that they arent working due to lockdown.

    Personally if i lived in a block of flats I'd keep the areas i needed to use clean and tidy.
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