Unwinding a Contract After It Has Ended?

SchnapOuttaIt

I would be grateful for advice on the next steps I should take against an irresponsible estate agent. Long story short, the question I need answering is: Is it possible to unwind a contract through the county court after it has ended? Here is what has happened:

On Tuesday 4th May, I attended a viewing of a property. There, it became apparent that the estate agent had organised a group viewing, meaning there were 6 people from 4 different households all in the space looking at it together. This breached Covid laws at the time- and, yes, I should have seen the warning signs as to how the company conducts itself here. However, I had been living on my friend’s sofa for a while having lost my job and flat due to Covid. Having just been offered another job, I was keen to get back in my own place. The property looked good and, despite it being near a train track, one of the estate agents assured us that the trains stop at 11pm. Seeing the large number of people potentially interested, I rushed home and sent an email expressing my interest.

 

I secured the property and moved in Tuesday 11th May. I was advised to go through the inventory and get back to them with any feedback within 24 hours. Most things on there were described as being in ‘good’ condition. However, as I checked out the property more closely, this definitely was not the case. It had not been cleaned since the viewing (I knew this as there was a dead bumblebee I saw on my first visit that was still there) and there were several other issues, some of them serious.

 

-The front door frame was hanging off the wall.

-There were two electrical sockets hanging off the wall.

-The light in the en suite was missing a cover, leaving it exposed to condensation/splashing water.

-There were loose tiles on the bathroom floor.

-The heaters did not work.

-Blinds were missing/broken, sets of drawers were broken, and the kitchen door had a very large crack in it.

 

As they had requested, I sent an email with an updated version of the inventory as well as a list of the problems that needed fixing. However, in their response, they assured me that a pre-move in clean had taken place, and the only issue they offered to fix was the heaters, because ‘the flat is in the condition it was in when you viewed it. This is strongly reflected in the rental value in which you pay monthly’.

 

I replied asking for an invoice of the clean- there were dead insects, urine stains, bits of food and all sorts of other dirt and grime heavily implying no such clean had taken place. I also reiterated the importance of getting the most urgent issues fixed since they were health and safety risks. The person who conducted the viewing/my move-in provided an emotionally-charged response to this, saying she is ‘taken aback’ by my words, she is ‘saddened’ that I have taken her offering for me to make the flat my own this offensively, and that I was not forced to live there. She repeated the previous email’s message: ‘the condition of the property, is simply the condition of the property’ and asked if I want to leave.

 

Given their attitude and reluctance to sort anything out, I replied to confirm that I would be getting all of my money back. I was then sent several ambiguous emails, eventually getting to the figure of £700 for the first month’s rent, as well as the holding fee of £160. I pointed out that I had never paid a holding fee, and so this figure was revised to £700. Due to the potentially dangerous features in the flat, I spent one night there and moved back to my friend’s sofa. Finding it unjustifiably unfair that they were keeping that much of my money, I sought advice from Shelter and asked the estate agent to unwind the contract:

 

Since I have been provided with an inventory that mislead me into believing that the property was fit for habitation when it was not, on Wednesday 19th May 2021, I requested to unwind the contract in line with the Consumer Protection from Unfair Trading Regulations 2008:

 

The Consumer Protection from Unfair Trading Regulations 2008 prohibit the use of unfair trading practices. Government Guidance for lettings professionals on consumer protection law suggests that the following practices of a lettings professional may be unfair:

 

-Providing an incorrect inventory of the property.

 

My photographs of the faults as well as the inventory in which the items in question are described as ‘good’ prove that an unfair trading practice has taken place. My contract started on Tuesday 11th May 2021: since I have informed The Lettings Group that I want to unwind the contract within one month of the tenancy starting, I am entitled to a full refund of the money I have paid out.

 

The estate agent refused to unwind the contract, claiming that ‘the inventory was fair…the inventory is a document which is referenced to when you check out of the property, to sum up the condition of the flat and standard facts such as ‘two sofas’’.

 

I then made a formal complaint to them, to which they replied:

 

We believe we have already taken all viable options to resolve this for you. I’m sorry it hasn’t worked out as you expected. Per my last email, I fully appreciate should you feel you need to escalate this further. 

 

I then submitted a complaint to The Property Redress Scheme. Unfortunately, my experience with them was very poor. The person assigned to my case seemed determined to reject it as soon as she possibly could, claiming that only charging me one month’s rent was a satisfactory resolution.

 

Again, on Shelter’s advice, I began the next step: taking them to the small claims court. I sent a Letter Before Action, in which I said:

 

The [estate agent] has used unfair trading practices that breach The Consumer Protection (Amendment) Regulations 2014:

 

-You gave misleading information in the form of an incorrect inventory of the property. Entities listed as being in ‘good’ condition were in fact broken or faulty, therefore giving a false impression about the property’s fitness for habitation.

 

-In another misleading action, you claimed that trains running on a nearby line stop operation at 11pm. Having stayed there one night, I discovered that freight trains run into the early hours of the morning.

 

-You used undue influence by conducting a group viewing consisting of 6 people from 4 different households. This broke Covid laws and instilled a sense of urgency in me to secure the property. 

 

These practices are all prohibited under consumer law, and they all contributed to a significant part of the reason why I signed up to the tenancy agreement. I have therefore contacted you in writing informing them that I want to reject the contract within 90 days of the tenancy start date, but this was refused.

 

I agreed to mediation or any other system of Alternative Dispute Resolution.

 

They responded to this, informing me ‘that this matter will not be looked into further from the PRS or [them]. We would next advise to seek independent legal advice’.

 

It is infuriating that they are keeping my money when I had to move out because of their refusal to make the flat safe and habitable. All I’m asking for is my £700 back. Realistically, I’d be asking for more due to the wasted money on the move, petrol, stress, etc. but I wouldn’t want a judge to think I’m being greedy or whatever. So, if I take them to court, would it be possible for the judge to declare this now-finished contract unwound and order the estate agent to give me my money back?

 

Thank you for taking the time to read this and thanks in advance for any responses.

 

NB: I also requested the following information, which I never received:

 

-The EICR (Electrical Installation Condition Report)

-The landlord’s details (name and address)

 

I also reported the estate agent to Salford Council for conducting group viewings that breached Covid laws, but did not get a response.

user1977

You'd be better posting on the Housing Buying/Renting board rather than here.

SchnapOuttaIt

Okay- I'll post it there instead, thanks

AdrianC

They're suggesting that, yes, you looked at a dump - but it was a cheap dump.

So what would a fair market rent for an immaculate property of that type in that location have been?


The list of issues you're claiming render the place non-habitable are...

-The front door frame was hanging off the wall.

-There were two electrical sockets hanging off the wall.

-The light in the en suite was missing a cover, leaving it exposed to condensation/splashing water.

-There were loose tiles on the bathroom floor.

-The heaters did not work. (they were happy to fix)

-Blinds were missing/broken, sets of drawers were broken, and the kitchen door had a very large crack in it.

Yet you didn't notice any of those on the viewing. That would suggest they may not be quite as major as you're making out. Perhaps some photos would help us get a sense of proportion?

When you say "kitchen door", do you mean an external door or an internal door?

Were the sockets simply missing securing screws?

Where in the en-suite was this light? Which zone?

SchnapOuttaIt

AdrianC said:

They're suggesting that, yes, you looked at a dump - but it was a cheap dump.

So what would a fair market rent for an immaculate property of that type in that location have been?


The list of issues you're claiming render the place non-habitable are...

-The front door frame was hanging off the wall.

-There were two electrical sockets hanging off the wall.

-The light in the en suite was missing a cover, leaving it exposed to condensation/splashing water.

-There were loose tiles on the bathroom floor.

-The heaters did not work. (they were happy to fix)

-Blinds were missing/broken, sets of drawers were broken, and the kitchen door had a very large crack in it.

Yet you didn't notice any of those on the viewing. That would suggest they may not be quite as major as you're making out. Perhaps some photos would help us get a sense of proportion?

When you say "kitchen door", do you mean an external door or an internal door?

Were the sockets simply missing securing screws?

Where in the en-suite was this light? Which zone?

The kitchen door was an internal door separating it and the living room. It was left open and situated behind a dining chair, so it wasn't until I gave the property a more thorough inspection that I noticed it.

The sockets were not just missing secure screws, and I'm the en suite light was on the ceiling.

I've attached photos of the flat that I took on the move-in day to give you a better idea- thanks. You may say that I should have noticed these things during the viewing but because there were lots of other people there, I didn't pick up on them.

AdrianC

The front door frame's very shonky - and, surely, would have been glaringly obvious. Was it the entire frame, or just the finishing piece on the inside?

The rest... Meh. Hardly uninhabitable.

That light is unzoned in the bathroom. The glass would not be (or need to be) resistant to water ingress in any way.

I'm not saying any of that is GOOD, or in any way excusable... But it's certainly no grounds to be completely legally unwinding a tenancy with full refund. Frankly, I think you're lucky to be getting off so lightly.

SchnapOuttaIt

AdrianC said:

The front door frame's very shonky - and, surely, would have been glaringly obvious. Was it the entire frame, or just the finishing piece on the inside?

The rest... Meh. Hardly uninhabitable.

That light is unzoned in the bathroom. The glass would not be (or need to be) resistant to water ingress in any way.

I'm not saying any of that is GOOD, or in any way excusable... But it's certainly no grounds to be completely legally unwinding a tenancy with full refund. Frankly, I think you're lucky to be getting off so lightly.

I mean you're a landlord yourself so no wonder you're anti-tenant. 'Lucky to be getting off so lightly'. Wow.

MaryNB

I've never been a landlord but I was a tenant (mainly in HMOs) for 7 years.

I'm not saying the property wasn't left in a pretty crap condition but I've rented rooms nearly as bad. It warrants a complaint but not sure it's enough to get you out of a contract. I was expecting a lot worse after your initial post. I've taken over from tenants who did absolutely no cleaning and the landlord never bothered to inspect. Often I viewed the room before they moved out and the true extent of it wasn't apparent until their stuff was gone. However, I was renting places that were cheap so I could maximum my savings for a deposit so I guess in a way I got what I paid for. Also I could guarantee that I'd get my deposit back in full because there was no way it would be left in as bad a condition as I found it. 

I've had rooms that clearly hadn't been hoovered in years, some had mould in every corner, threadbare carpets or carpets that were so grim you wouldnt be able to tell what the original colour was, skirting board discoloured yellow, the most disgusting duvet I've ever seen stuffed in the wardrobe, window fused shut, washing machine broken from day 1, several bulbs blown or missing, window frames where the paint was completely cracked and chipped, grotty stained net curtains, rotten food in fridge etc etc etc... Even in the one really clean nice relatively new place I rented had marks all over the wall from the previous tenant but the LL didn't want to paint between tenancies.

Chandler85

The property is clearly dirty and not been cleaned, but that can be easily sorted.

The majority of the rest of your complaints are just poor maintenance, I mean I would hope that a landlord would fix the issues, probably take a handy man half a day to fix the majority of it.  I wouldn't describe it as uninhabitable, all 3 of the houses I have owned have been left in worse conditions (admittedly I have always moved to empty houses where the resident has gone into a care home etc).

You would need to ensure your inventory is correct though, as it wasn't.

I don't know the ins and outs of it all, but I am a little surprised they are even cancelling the contract after a month given the usual response people on this forum seem to get from landlords when they try to leave a tenancy early.