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New Let Garage not included

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  • 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. 
    It's in England
  • AdrianC 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.
    No they have agreed to pay a lower deposit which is non refundable rather than a much higher one which would have been given back minus anything the Agents felt had been damaged
  • 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 the house has stood empty for some time.  Reeds Rains should deal with the situation with the Garage, but the point of my original post was the fact they won't, and are totally ignoring anything to do with it, so in the light of this I was asking how to proceed
  • noitsnotme
    noitsnotme Posts: 1,293 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    AdrianC 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.
    No they have agreed to pay a lower deposit which is non refundable rather than a much higher one which would have been given back minus anything the Agents felt had been damaged
    Seriously?!  Wow, this is going from bad to worse!
  • SpiderLegs
    SpiderLegs Posts: 1,914 Forumite
    1,000 Posts Second Anniversary Name Dropper
    AdrianC 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.
    No they have agreed to pay a lower deposit which is non refundable rather than a much higher one which would have been given back minus anything the Agents felt had been damaged
    Well they might as well start banging all the landlords property on eBay then if that’s the case.
  • Grumpy_chap
    Grumpy_chap Posts: 18,218 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    pay a lower deposit which is non refundable rather than a much higher one which would have been given back minus anything the Agents felt had been damaged
    A deposit that is not refundable is not a deposit, but a fee.
    For a property in England let under AST, this would not be a permissible fee:
    https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants
    However, a multi-office EA / LA would know all this and be unlikely to make such a fundamental mistake:
    https://www.reedsrains.co.uk/renting/permitted-payments-england

    As well as incorrect fees / deposit, there is also the issue with no check-in / inventory (very unusual as it protects both sides), the error with regard to including the garage (but that could be a genuine administration mistake, assuming an AST can exclude that part of the property which I am not sure it can for an integral garage).

    What other discrepancies are there in the whole arrangement?

    Was the OP's daughter given EPC, gas safety, how-to-rent guide?  

    Before anyone, including the OP, can give further advice to the OP's daughter, there needs to be actual clarity on what has and has not been happening here.  The OP does not seem to know whether or not this is an AST (it most likely is) and that is fundamental to knowing what rights the OP's daughter has.  And how those rights are affected by incorrect fees, etc.  It does seem as though there is some buyer's remorse on the part of the OP's daughter and the OP is not being given the full story.  Has the OP's daughter been disorganised in keeping the paperwork that has been provided and mislaid anything?

    Recommend the OP sits down with her daughter, gets a full information of the situation and all the facts with nothing hidden where the daughter has done anything illogical and then the OP can support her daughter (and request advice from here if necessary).
  • 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 the house has stood empty for some time.  Reeds Rains should deal with the situation with the Garage, but the point of my original post was the fact they won't, and are totally ignoring anything to do with it, so in the light of this I was asking how to proceed
    What exactly does your daughter want done about the garage?  Keeping in mind that your daughter has no contract with Reeds Rain as her contract is with the landlord and the landlord is the client of Reeds Rain.  Presumably she wants to use the garage and if the landlord is not prepared to budge then what?  A reduction in rent?  To exit the tenancy early and without penalty?
  • AdrianC 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.
    No they have agreed to pay a lower deposit which is non refundable rather than a much higher one which would have been given back minus anything the Agents felt had been damaged
    I'm not sure that's legal in England anymore since the introduction of the Tenant Fees Act which came into effect 1st June 2019.

    https://www.gov.uk/government/collections/tenant-fees-act
  • Morrigan_2020
    Morrigan_2020 Posts: 326 Forumite
    100 Posts Name Dropper
    edited 3 January 2021 at 10:56AM
    The garage is none of Reeds Rains business.  The garage is part of the contract between the tenant and the landlord.  If she wants to use it, as I said way back on I think page 1 then she should gain entry and send a notice to the landlord to collect any stuff that is in there.

    If what she actually wants is just to get out of the contract because she's changed her mind then I suppose telling the landlord that this is what she intends to do might motivate him/her to agree to an early termination, worth a try I suppose.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    pay a lower deposit which is non refundable rather than a much higher one which would have been given back minus anything the Agents felt had been damaged
    A deposit that is not refundable is not a deposit, but a fee.
    For a property in England let under AST, this would not be a permissible fee:
    https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants
    I'm not sure that's legal in England anymore since the introduction of the Tenant Fees Act which came into effect 1st June 2019.

    https://www.gov.uk/government/collections/tenant-fees-act
    I wonder whether it's one of these "no deposit" schemes where you're basically buying an insurance policy?
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