Can I 'unwind' my tenancy agreement due to false information provided by the lettings agent?

lewis_777 · 25 July 2020 at 8:10PM

Grumpy_chap said:

Where exactly is the false information?
You say you went down to see the washing machine and the dryer. Surely, you noticed that they were industrial launderette style machines and not regular domestic? In terms of "free to use" if they were visibly coin-op, then it is reasonable that the agent answered the question "free to use" in the context of "available to use".
Have you ever been anywhere that a shared washing machine and drier is provided "free to use" with no contribution to cover energy costs and / or wear-and-tear?

I should point out that this is my very first time living away from a parent so I'm quite inexperienced on that front, and I can assure you she gave me the impression they were free to use as she made a remark along the lines of "Yeah I know, that's alright innit". I honestly believe she made it up on the spot not thinking it wouldn't be a big deal if it later proved not to be true. I honestly don't mind paying for my own washing/drying, but given the current climate, I do not really want to get into the habit of having to go into a shop to break into a note every time I need change to do some washing. If she had mentioned these things from the outset, I honestly would have just moved along and kept viewing other properties.

moneysavinghero said:

Landlords have an obligation to provide heating facilities for all occupied rooms at all times. Is the gas central heating the only means of heating the rooms?

Yes, there is 1 radiator in the open plan dining area and another in the bedroom.

comeandgo · 25 July 2020 at 8:22PM

lewis_777 said:

macman said:

I'm unclear. If the LL is selling 'paper electric cards', then this would appear to be not a PPM but some kind of private metering system?
If so, the LL is not allowed to resell at a profit. What is the kWh rate?

I'm not exactly sure what the rate is - I've just gone through the settings on the Electrocard meter and it displays:
R2 Cred £49.38
KWH 54872.09 TOT
KWH 11460.36 R1
KWH 43411.73 R2
Rate 1 022.00 PPU
Rate 2 022.00 PPU
FXDCH/WK £0.00

I take it the cost is 22 pence per unit. That is nearly double what I pay for electric. Regarding the coins needed could you not go to a bank and get £20 of coins or £50 or whatever value you think and keep it in a drawer just for the washing machine?

moneysavinghero · 25 July 2020 at 8:54PM

Slithery said:

moneysavinghero said:

Landlords have an obligation to provide heating facilities for all occupied rooms at all times. Is the gas central heating the only means of heating the rooms?

Really? In my HMO the central heating is on a timer and only on for fixed hours in the winter.

Under Section 11 (c) of the Landlord and Tenant act (1985) the Landlord has an obligation:
-to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

If it is turned off at certain times of the day or year then it is not in working order during those times.

Grumpy_chap · 25 July 2020 at 8:56PM

The tenant could supplement the central heating with electric convector heater.

moneysavinghero · 25 July 2020 at 9:00PM

Grumpy_chap said:

The tenant could supplement the central heating with electric convector heater.

They could. They could also live in a tent. But they have paid to rent this property and should not expect to have to live in a tent instead. Equally they should not expect to have to provide their own heating facilities because the landlord has failed to comply with the law.

[Deleted User] · 25 July 2020 at 9:16PM

moneysavinghero said:

Grumpy_chap said:

The tenant could supplement the central heating with electric convector heater.

They could. They could also live in a tent. But they have paid to rent this property and should not expect to have to live in a tent instead. Equally they should not expect to have to provide their own heating facilities because the landlord has failed to comply with the law.

Agreed. If the weather is unseasonable the tenant will need control of the heating. As to whether the tenant desires to make a complaint about this at the outset or in future is their choice to make. Regarding this tenants emphasis on 'unwinding the contract' this is not a get out situation - the outcome might be that the landlord remedies the situation and if not take it from there. Landlord could be over a barrel if he doesn't sort it.

[Deleted User] · 26 July 2020 at 7:15AM

It sounds like you are having a tough introduction to renting a flat and been rather unlucky with the first one.

Re the meter, it might not be so high once you take into account standing charges, I know I am very mean with my useage of utilities and standing charges (which you can't do anything about) bump up my bill quite a bit. I had thought you had the right to change supplier and meter (from prepayment to credit for example) if you rent a property but apparently there is an exclusion to this - if the LL pays the supplier directly themselves which is what is happening in your case  https://www.citizensadvice.org.uk/consumer/energy/energy-supply/get-a-better-energy-deal/switching-energy-supplier-if-youre-a-tenant/ so you may not be able to alter this. I'm afraid while you can go to the private rent officer in your council, I can't be sure they will pursue the LL on the basis of overcharging for utilities. Re the heating, again, you can complain to the council, but they are so short of staff, there is no guarantee they will pursue the lack of control of heating. They may write a letter though informing the LL of what he should be doing at the very least.

Keep an eye on whether your deposit is protected. Make sure you get a copy of the TA. And are supplied with prescribed information, if the LL doesn't do these things, you can take them to court for up to three times the deposit.

Unfortunately none of the things you complain about are enough to unwind the tenancy unless you come to some kind of voluntary agreement with the LL to surrender the tenancy.

Coins for the washing machine is a pain. In the old days, (before I could afford a washing machine so just about pre 2000's) I used to wash my washing by hand. You could possibly buy a worktop washing machine but how well they work, I wouldn't know. Otherwise I'm afraid its going to the bank, getting coin bags and wearing a mask and gloves in the basement. Not overly pleasant but will keep you as safe as humanely possible. Or wash most of the lighter stuff by hand. Remember to dry it by an open window (yeah, I know, total joy). Or, depending on how far away they are, lugging your washing back to the parental home (I used to do that too and they lived 150 miles away ha ha.., whenever I went back to visit I took bags of washing, awful really).

I'm just trying to point out, none of them are things that are going to make you jump for joy, but there are still options. And this will never happen again as you will make darned sure what sort of meter you have and where the washing machine is in future. You can't be blamed in any way for not suspecting what some LL's can do.

AdrianC · 26 July 2020 at 9:07AM

"But I don't like cash"

<gibber>

Morbier · 26 July 2020 at 11:04AM

To answer your question about whether or not you should have been given a copy of the AST - YES! You should have signed two copies, one of which is kept by either the LL or agent and the other kept by you. You should read it first before signing it, even if this means keeping everyone around you waiting. If there's something you don't understand, then that's the time to question it - before you sign it. (In the past, I've requested a draft copy of the tenancy agreement in advance).

I realise you say that this is your first venture into living in rented property, so perhaps you will be more careful/aware next time.

GHolmesAdmin · 26 July 2020 at 12:54PM

You can get little plastic twin tubs these days which you plug into the electricity and drain into a bowl, they are a little labour-intensive but better than feeding coins into one in the basement. I bet those in the basement are in pristine condition because no one ever uses them. As for the heating, get a fan heater - or more than one. There are always workarounds.