New Let Garage not included

Scottish_Princess

Grumpy_chap said:

What is declared on the check-in inventory for the stuff in the garage?
If the contract says the garage is included, then a competent check-in clerk would have entered the garage as part of the check-in process and listed every item individually.
How did the OP's daughter get this far without realising there was no key to the garage or the stuff in the garage?
If the stuff is not in the garage (i.e. not listed on the check-in inventory) then the stuff that is not there cannot go missing...

There is NO INVENTORY WHATSOEVER.  We have also complained about this

Scottish_Princess

Suseka97 said:

I feel your pain!   Okay, so hopefully the damp concerns will be resolved.  As for the garage - I guess one question is whether she needs the use of it.  If she does, then you need to keep pressure on and maybe when the lockdowns ease - rock up to the office and demand to speak with the manager.  It's so easy to palm people off these days by ignoring the phone and emails.  Alternatively, if she doesn't - is there any scope to negotiate a reduction in the rent?  

Either way, it would appear that its the LA's error (although odd its actually written into the contract) and you need to make it clear that you are not backing down on this.

Hi thank you.  They did rock up to the office today and they wouldn't even let them come into the office.  Yes, we have no intention on backing down on what appears to be a complete lack of duty of care from Reeds Rains who continually pass the buck x

Scottish_Princess

swingaloo2 said:

As already said your daughter needs to move in and get the place heated/aired. Then if there is an ongoing problem with damp she need to inform the landlord in writing. In the meantime she needs to pay rent on time as she does not have any right to withhold payment just because you feel the place is inhabitable. 
What made her agree to rent the property in the first place if it is as bad as you say?

There was a Act that came into force last year that covers tenants for situations like these that state you have every right to move into a house that is free from damp and other things which could have an adverse reaction on your health.  At the end of the day Reeds Rains have breached the contract by including the Garage, not informing us before they signed the contractcand lying and passing the buck continuously afterwards

Scottish_Princess

Scottish_Princess said:

Morrigan_2020 said:
Hi. We are not rolling over.  Just wanted to find out where we stand from a legal point of view when Reeds Rains have totally gone back and contravened their own contract

Scottish_Princess said:Yes you would think it was straightforward, but no one wants to take responsibility for Reeds Rains error.  We are NOT going to get access to the Garage no matter what we do.  Reeds Rains are not going to instruct the LL to hand over the Garage due to their error.  Ringing CAB on Monday to see how to proceed.  Thanks folk for your responses

Morrigan_2020 said:

Scottish_Princess said:

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Thank you for the response, but the Garage is full of the LL stuff and Reeds Rains say we are not allowed to even have a key.  

Reeds Rains are wrong, why are you just rolling over for them?  It seems a bit daft to pay for legal advice on such a straightforward matter. 

SDLT_Geek

Scottish_Princess said:

There was a Act that came into force last year that covers tenants for situations like these that state you have every right to move into a house that is free from damp and other things which could have an adverse reaction on your health.  

Which Act was that then?

swingaloo2

Scottish_Princess said:

swingaloo2 said:

As already said your daughter needs to move in and get the place heated/aired. Then if there is an ongoing problem with damp she need to inform the landlord in writing. In the meantime she needs to pay rent on time as she does not have any right to withhold payment just because you feel the place is inhabitable. 
What made her agree to rent the property in the first place if it is as bad as you say?

There was a Act that came into force last year that covers tenants for situations like these that state you have every right to move into a house that is free from damp and other things which could have an adverse reaction on your health.  At the end of the day Reeds Rains have breached the contract by including the Garage, not informing us before they signed the contractcand lying and passing the buck continuously afterwards

Yes but you dont seem to be taking onboard anything anyone has said.  Has the house been stood empty for any length of time? Could that be why it seems damp?  Damp is quite common in the winter if a house has not been kept aired and heated. Your daughter needs to get in and air it and put some heating on. A bit of damp does not mean the house is not fit for habitation. If the damp is so bad and the house really is unhabitable then why was that not obvious when your daughter veiwed it.  
The fact that Reed Rains misled your daughter about the garage should, and can be dealt with but your daughter is still bound by the contract she has signed and should perhaps have been more diligent when veiwing and signing for the house.

davidmcn

Scottish_Princess said:

Scottish_Princess said:

Morrigan_2020 said:
Hi. We are not rolling over.  Just wanted to find out where we stand from a legal point of view when Reeds Rains have totally gone back and contravened their own contract

Scottish_Princess said:Yes you would think it was straightforward, but no one wants to take responsibility for Reeds Rains error.  We are NOT going to get access to the Garage no matter what we do.  Reeds Rains are not going to instruct the LL to hand over the Garage due to their error.  Ringing CAB on Monday to see how to proceed.  Thanks folk for your responses

Morrigan_2020 said:

Scottish_Princess said:

Morrigan_2020 said:

A leaking tap and a bit of mould around windows doesn't make a property uninhabitable. 

Your daughter is only going to get out of this tenancy if the landlord agrees to it, legally they have no right to just walk away. 

Your daughter does have a legal right to use of that garage though, and would be well within her rights to gain entry and issue the landlord with a notice to remove all their stuff. 

She shouldn't even consider paying council tax through the agency, they need to set up their own account with the relevant council, register themselves as living at the address and pay the correct amount.  If she gives Reeds Rains the CT money and they keep it she would have no defence and would still owe the council the full year's worth. 

Thank you fior the response.  The LL has always rented this house out with no access to the garage, but previous tenants were aware of this before they even signed the contract.  As for the uninhabitable part, there seems to be damp all over the property.  She has a right to live in a habitable house free from damp, especially with a child with respiratory problems.  Not sure if she has to pay CT through the Agency, just mentioned this as the amount is on the contract, and when we checked its exactly £20 less than Band C

It doesn't matter what has happened before, your daughter has an AST for the whole property including the garage, it is her garage until the tenancy ends.  

The damp/mould is probably just poor maintenance and condensation related, get the heating up and the windows open and give it really good clean and it'll most likely be fine.  Trust me, there's no point at all pursuing the 'uninhabitable' angle here.  

They absolutely 100% definitely categorically should not pay their council tax to Reeds Rains.  council tax is always payable from the liable persons (in this case your daughter) directly to the council. 

Thank you for the response, but the Garage is full of the LL stuff and Reeds Rains say we are not allowed to even have a key.  

Reeds Rains are wrong, why are you just rolling over for them?  It seems a bit daft to pay for legal advice on such a straightforward matter. 

Hi. We are not rolling over.  Just wanted to find out where we stand from a legal point of view when Reeds Rains have totally gone back and contravened their own contract

You need to put your new comments under the quote, not hidden in amongst the quoted text (I've moved the above example to help).

AdrianC

Scottish_Princess said:

There is NO INVENTORY WHATSOEVER.  We have also complained about this

This is in the tenant's favour, since there's no way that anything can be deducted from the deposit.

[Deleted User]

Which part of the uk is this rental property in? Some posters have mentioned an AST with are only applicable to England and Wales but your user name suggests this property could be in Scotland. 

Scottish_Princess

swingaloo2 said:

Scottish_Princess said:

swingaloo2 said:

As already said your daughter needs to move in and get the place heated/aired. Then if there is an ongoing problem with damp she need to inform the landlord in writing. In the meantime she needs to pay rent on time as she does not have any right to withhold payment just because you feel the place is inhabitable. 
What made her agree to rent the property in the first place if it is as bad as you say?

There was a Act that came into force last year that covers tenants for situations like these that state you have every right to move into a house that is free from damp and other things which could have an adverse reaction on your health.  At the end of the day Reeds Rains have breached the contract by including the Garage, not informing us before they signed the contractcand lying and passing the buck continuously afterwards

Yes but you dont seem to be taking onboard anything anyone has said.  Has the house been stood empty for any length of time? Could that be why it seems damp?  Damp is quite common in the winter if a house has not been kept aired and heated. Your daughter needs to get in and air it and put some heating on. A bit of damp does not mean the house is not fit for habitation. If the damp is so bad and the house really is unhabitable then why was that not obvious when your daughter veiwed it.  
The fact that Reed Rains misled your daughter about the garage should, and can be dealt with but your daughter is still bound by the contract she has signed and should perhaps have been more diligent when veiwing and signing for the house.

Yes I agree with most points but my point is Reeds Rains won't do anything about the Garage and I was asking fir advice on how to proceed