delete

justwhat

dampness issues(no evidence or smell when viewed)

No mention now off selling up or  not doing repairs

Quote below

"we understand that before any remedial works can take place there needs to be some extensive investigatory work will need to be carried out which could include cutting large holes into the plaster work to find the cause. Only after the source of the problem has been discovered can any attempt be made to arrange the repairs required.

 We believe, as does the Landlord that given there is no guaranteed time frame to get the works completed"

dimbo61

So your daughter who has the contract can try and sue the landlord and complain to the letting agents and LA redress scheme.
Maybe CAB or Shelter can help or she could contact the University accomodation office and place an advert or search for a flat with them.
She could also look at Rightmove, Spareroom and many other student accommodation providers.
Sorry to hear about another  Landlord letting your daughter down at such late notice.
However many LL,s are selling up and getting out of renting.

Finding somewhere new to live should be her first objective.
The Lettings agents should also help so complain to them.
Which city is she studying in ?

justwhat

dimbo61 said:

So your daughter who has the contract can try and sue the landlord and complain to the letting agents and LA redress scheme.
Maybe CAB or Shelter can help or she could contact the University accomodation office and place an advert or search for a flat with them.
She could also look at Rightmove, Spareroom and many other student accommodation providers.
Sorry to hear about another  Landlord letting your daughter down at such late notice.
However many LL,s are selling up and getting out of renting.

Finding somewhere new to live should be her first objective.
The Lettings agents should also help so complain to them.
Which city is she studying in ?

i can sort going forward regarding accommodation.  However the situation with LL and LA also need tackled.

GDB2222

"However the situation with LL and LA also need tackled."

Suppose that you run her to and from work for the next month, and your daughter lives with you, what loss has she had? Well, maybe you'll charge her for ferrying her around. But, she's saving on her rent, so she may not be worse off financially.

If, she checks into a hotel, that's a big risk. She'll be running up costs in the hope that eventually the landlord will pay. 

And, this will be a small claim, so she won't get her legal fees reimbursed. 

Frankly, whatever your daughter's legal rights are, the cost of enforcing them will be out of all proportion to what's at stake. I'd complain like mad to the estate agent, to try and wring a bit more compo out of the situation, then shrug and move on. 

steampowered

GDB2222 said:

Frankly, whatever your daughter's legal rights are, the cost of enforcing them will be out of all proportion to what's at stake. 

I don't agree! Suing people via the small clams track of the country court is cheap and easy.

I might suggest the tenant (if she wishes to pursue this) writes to the landlord and the letting agent as follows:

==
Dear Mr Landlord

Carbon Copy: Letting agent.

LETTER BEFORE ACTION

This is a letter before action sent to you under the Civil Procedure Rules 1998.

I write in relation to the property at xxx. You agreed to let this property to me under an assured shorthold tenancy, asked me to sign a legally binding contract and accepted a deposit. A legally binding contract therefore arose between us in relation to the property.

Surprisingly, you are now telling me that I cannot move into the property on the agreed start date of the tenancy because it is unsafe. You are therefore in breach of contract, as a result of which I am in a situation where I do not have a property to move into. Perhaps you could confirm why your agent marketed and let a property which it is now claiming is unsafe.

The purpose of this letter is to put you on notice that I will be claiming from you all costs arising from your breach of contract. This will include:
- Costs of sourcing alternative accommodation (including hotel costs, if necessary).
- Increased costs associated with securing accommodation at short notice.
- Other incidental moving and transport costs incurred in connection therewith.

In the event that such costs are not paid, I intend to issue court proceedings against you for recovery of those amounts plus the recovery of additional costs as permitted by the Civil Procedure Rules 1998. In the event that a County Court Judgment is issued and then not paid, I intend to engage bailiffs to recover the debt from you and/or seek a charging order over the property.

I would urge you to take and to instruct your letting agent to take all action necessary to remedy this situation and your breach of contract urgently.

Given the circumstances I can confirm that I am separately investigating the possibility of seeking regulatory address against the letting agent.

Yours sincerely

justwhat

GDB2222 said:

"However the situation with LL and LA also need tackled."

Suppose that you run her to and from work for the next month, and your daughter lives with you, what loss has she had? Well, maybe you'll charge her for ferrying her around. But, she's saving on her rent, so she may not be worse off financially.

If, she checks into a hotel, that's a big risk. She'll be running up costs in the hope that eventually the landlord will pay. 

And, this will be a small claim, so she won't get her legal fees reimbursed. 

Frankly, whatever your daughter's legal rights are, the cost of enforcing them will be out of all proportion to what's at stake. I'd complain like mad to the estate agent, to try and wring a bit more compo out of the situation, then shrug and move on. 

50 miles drive there at 2 on a friday then collect her at 10 at night another 50 miles Same again on the saturday. 

Worst case we will take it to small claims. They have acknowledge we have an active tenancy and have recommended we cancel the tenancy.

They sound and look like they are attempting to limit damage and costs. But will see with there next reply/email were they stand.

letsbetfair

Think about what remedy your daughter would like, too. The landlord sounds awful, so you probably don't want to pressure them into letting to your daughter, unless the property is very special. I'm guessing a larger payment than £100 would be the best option, if the landlord can be pushed into offering this.

justwhat

letsbetfair said:

Think about what remedy your daughter would like, too. The landlord sounds awful, so you probably don't want to pressure them into letting to your daughter, unless the property is very special. I'm guessing a larger payment than £100 would be the best option, if the landlord can be pushed into offering this.

They can terminate tenancy legally or compensate by paying the cost of 1 months rent elsewhere.(and the cost of the removal van)   Think that's more than fair.

I am not even sure how they would terminate the tenancy legally. i assume temp accommodation for 1 month and serve notice at same time.

Or will go to small claims court and the costs for them will be allot higher. 
 

Jumblebumble

steampowered said:

GDB2222 said:

Frankly, whatever your daughter's legal rights are, the cost of enforcing them will be out of all proportion to what's at stake. 

I couldn't disagree more. Suing people via the small clams track of the country court is cheap and easy.

I would suggest the Op writes to the landlord and the letting agent as follows:

==
Dear Mr Landlord

Carbon Copy: Letting agent.

LETTER BEFORE ACTION

This is a letter before action sent to you under the Civil Procedure Rules 1998.

I write in relation to the property at xxx. You agreed to let this property to me under an assured shorthold tenancy, asked me to sign a legally binding contract and accepted a deposit. A legally binding contract therefore arose between us in relation to the property.

Surprisingly, you are now telling me that I cannot move into the property on the agreed start date of the tenancy because it is unsafe. You are therefore in breach of contract, as a result of which I am in a situation where I do not have a property to move into. Perhaps you could confirm why your agent marketed and let a property which it is now claiming is unsafe.

The purpose of this letter is to put you on notice that I will be claiming from you all costs arising from your breach of contract. This will include:
- Costs of sourcing alternative accommodation (including hotel costs, if necessary).
- Increased costs associated with securing accommodation at short notice.
- Other incidental moving and transport costs incurred in connection therewith.

In the event that such costs are not paid, I intend to issue court proceedings against you for recovery of those amounts plus the recovery of additional costs as permitted by the Civil Procedure Rules 1998. In the event that a County Court Judgment is issued and then not paid, I intend to engage bailiffs to recover the debt from you and/or seek a charging order over the property.

I would urge you to take and to instruct your letting agent to take all action necessary to remedy this situation and your breach of contract urgently.

Given the circumstances I can confirm that I am separately investigating the possibility of seeking regulatory address against the letting agent.

Yours sincerely

I am sure that the regulator is going to take stringent action against an agent who has acted in good faith and has been put in this situation through no fault of their own 
Ho Ho Ho

pinkshoes

justwhat said:

GDB2222 said:

"However the situation with LL and LA also need tackled."

Suppose that you run her to and from work for the next month, and your daughter lives with you, what loss has she had? Well, maybe you'll charge her for ferrying her around. But, she's saving on her rent, so she may not be worse off financially.

If, she checks into a hotel, that's a big risk. She'll be running up costs in the hope that eventually the landlord will pay. 

And, this will be a small claim, so she won't get her legal fees reimbursed. 

Frankly, whatever your daughter's legal rights are, the cost of enforcing them will be out of all proportion to what's at stake. I'd complain like mad to the estate agent, to try and wring a bit more compo out of the situation, then shrug and move on. 

50 miles drive there at 2 on a friday then collect her at 10 at night another 50 miles Same again on the saturday. 

Worst case we will take it to small claims. They have acknowledge we have an active tenancy and have recommended we cancel the tenancy.

They sound and look like they are attempting to limit damage and costs. But will see with there next reply/email were they stand.

So 50 miles there, 50 back, then again in the evening to collect. That's 200 miles already. Then again on Saturday so 400 miles. So if it takes 2 weeks to find something, that's an extra 800 miles, plus another couple of trips to find accommodation so another 200 miles...

40p/mile x 800 miles = £320 

£10/hour for your time driving there and back 

So I would be asking for a minimum of £500 to cancel the tenancy.