Landlord Rent Fraud - Refund From Bank?

RobinStrings

Hello all. Thank you for dropping by.

Please allow me a moment to introduce this problem...

I entered into contract with one of the largest landlord’s in Britain for a rental home the agreement stipulates is Weather-Tight, and Landlord Maintained.

It quickly became apparent, however, that I had been grossly misled by the Landlord’s marketing and tenancy agreement terms.

The rental home is in an exposed position on top of a multi-story building. It had a ridiculous level of wind (30mph) blowing through the interior from approx. 8 large, uncovered apertures (ventilation ducts) in the walls.

That rather significant detail was not apparent during property viewings, which I now know this landlord conducted in Summer specifically to hide these prominent defects.

Upon complaint, the landlord point-blank refused to do anything about the property’s interior wind speeds stating, “there is no UK legal definition of acceptable interior wind-speeds for domestic dwellings, ergo, F*ck You.”

Is this a simple case of fraud?

Can I open a fraud case with my bank and claim all the rent back?

Do I, as a tenant, have any recourse for being deceived and subsequently defrauded of rent payments?

Who should I seek assistance from, trading standards, the housing ombudsman?

I have tried seeking legal assistance from a law firm with the Government’s legal-aid contract monopoly in my area.

A senior partner at this firm told me they’re reorientating their whole company to focus upon revenue generation from property sales, so did not want to get involved with my case which de facto attacked one of the largest landlords in Britain, who just so happened to live on this little law firm’s doorstep.

Please, do not suggest speaking with Citizen’s Advice, because in my personal experience they’re Craven and are about as much use as chocolate fire guards.

Sincerely,

RobinS.

saajan_12

This is not fraud. That would be say the landlord didn't actually have a property and just took your money before running off into the night and never let you move in.

 At best you're questioning the habitability of the property. In that case, you could report to environmental health and try to get the contract 'frustrated'. That would allow you to leave and not pay further rent. Alternatively, ask the LL to remediate any issues and if they don't fix for an extended period of time, only then could you do the fix yourself and deduct that amount from future rent payments. None of these would get past rent back, since presumably you did live there.

RobinStrings said:

It quickly became apparent, however, that I had been grossly misled by the Landlord’s marketing and tenancy agreement terms.

The rental home is in an exposed position on top of a multi-story building. It had a ridiculous level of wind (30mph) blowing through the interior from approx. 8 large, uncovered apertures (ventilation ducts) in the walls.

That rather significant detail was not apparent during property viewings, which I now know this landlord conducted in Summer specifically to hide these prominent defects

How large are these openings? Can you not get something to cover them? Also no showing a property druing summer is not hiding anything, that is indeed how the property is during summer. It would be up to you to know that things change in the winter and ask accordingly. 

RobinStrings said:

Hello all. Thank you for dropping by.

Please allow me a moment to introduce this problem...

I entered into contract with one of the largest landlord’s in Britain for a rental home the agreement stipulates is Weather-Tight, and Landlord Maintained.

It quickly became apparent, however, that I had been grossly misled by the Landlord’s marketing and tenancy agreement terms.

The rental home is in an exposed position on top of a multi-story building. It had a ridiculous level of wind (30mph) blowing through the interior from approx. 8 large, uncovered apertures (ventilation ducts) in the walls.

That rather significant detail was not apparent during property viewings, which I now know this landlord conducted in Summer specifically to hide these prominent defects.

Upon complaint, the landlord point-blank refused to do anything about the property’s interior wind speeds stating, “there is no UK legal definition of acceptable interior wind-speeds for domestic dwellings, ergo, F*ck You.”

Is this a simple case of fraud?

Can I open a fraud case with my bank and claim all the rent back?

Do I, as a tenant, have any recourse for being deceived and subsequently defrauded of rent payments?

Who should I seek assistance from, trading standards, the housing ombudsman?

I have tried seeking legal assistance from a law firm with the Government’s legal-aid contract monopoly in my area.

A senior partner at this firm told me they’re reorientating their whole company to focus upon revenue generation from property sales, so did not want to get involved with my case which de facto attacked one of the largest landlords in Britain, who just so happened to live on this little law firm’s doorstep.

Please, do not suggest speaking with Citizen’s Advice, because in my personal experience they’re Craven and are about as much use as chocolate fire guards.

Sincerely,

RobinS.

RobinStrings

Mark_d said:

Summer is peak time for selling or renting properties.  They always look better in summer.

You should have known "The rental home is in an exposed position on top of a multi-story building" before you agreed to rent the place.  Is this not the case?
When I've gone to rent or buy properties in the past I've taken a friend/family member with me because sometimes they might spot things that I don't think of.  You can never trust the salesman to be acting in your best interest.

1. The landlord under discussion here is a Social Housing Provider. Are you saying these Supremely virtuous paragons of saintly benevolence are as decietful, manipulative and ouright Predatory as any other rapacious company? Rhetorical question. My experience would suggest, Yes, yes they are.

2. How would you suggest prospective tenants to know the level of exposure, until Winter Weather arrived and revealed to the inhabitants who had been decieved into believing their new home was weather-tight, just how Not weather-tight the property was?

3. It's a Landlord Maintained Property - The expectation from entering into contract for a Landlord Maintained, Weather-Tight home being, that if the Ridiculous scenario arose where an uncomfortable 30mph freezing-cold ghale somehow began blowing through the living room of this Weather-Tight property, the Landlord would remedy it.

HobgoblinBT

This is not the answer to the question you asked, but it might solve your problem is so doing save you much stress by covering some of the gaps causing the “breeze” with tape.

Ergates

RobinStrings said:

Mark_d said:

Summer is peak time for selling or renting properties.  They always look better in summer.

You should have known "The rental home is in an exposed position on top of a multi-story building" before you agreed to rent the place.  Is this not the case?
When I've gone to rent or buy properties in the past I've taken a friend/family member with me because sometimes they might spot things that I don't think of.  You can never trust the salesman to be acting in your best interest.

1. The landlord under discussion here is a Social Housing Provider. Are you saying these Supremely virtuous paragons of saintly benevolence are as decietful, manipulative and ouright Predatory as any other rapacious company? Rhetorical question. My experience would suggest, Yes, yes they are.

2. How would you suggest prospective tenants to know the level of exposure, until Winter Weather arrived and revealed to the inhabitants who had been decieved into believing their new home was weather-tight, just how Not weather-tight the property was?

3. It's a Landlord Maintained Property - The expectation from entering into contract for a Landlord Maintained, Weather-Tight home being, that if the Ridiculous scenario arose where an uncomfortable 30mph freezing-cold ghale somehow began blowing through the living room of this Weather-Tight property, the Landlord would remedy it.

You say the property is "on top of a multi-story building" - so it's a building on top of another building?   Or is it at the top of a multi-story building?   

Regarding 2 - you'd imagine anyone viewing the property would notice holes in the walls large enough to let in 30 mph winds - which are high enough to make walking difficult - no matter what time of year they viewed the property.


Perhaps you could redescribe your situation using clear and concise language so we can get a better idea of what's going on.

TheBanker

I suppose the good news is it's nearly Summer again.

This isn't a problem that your bank will solve, they will rightly tell you it's a civil matter. 

Are you still living at this property or have you now moved out? Because I think finding somewhere more habitable should be your priority.

Nebulous2

What does the energy certificate say? 

caprikid1

Cardboard and Duct Tape for now then move.

You won't get anyone to take on a Landlord and Tenant case of this nature not for one second I would imagine on legal aid.

You will waste so much energy on achieving little with this. You could try asking shelter but they seem determined to make life impossible for both Landlords and Tenants.

Legal aid for housing problems

You might get free legal help if you:

• have a serious housing problem

• get benefits or have a low income

What can legal aid can help with?

The most common housing problems legal aid could help with are:

• stopping or delaying eviction from a tenancy

• repossession because of mortgage arrears

• illegal eviction and landlord harassment

• challenging a council decision on a homeless application

You can sometimes get help if your home has serious repair problems.

Grumpy_chap

I can't see a fraud case here.

The LL is probably stuck between a rock and a hard place.  If there was no ventilation so it caused damp and mould, then there would be compliant on that matter.  If there is too much ventilation so it may fee draughty, then the LL is being moaned at for that matter.

I think, on balance, too much ventilation rather than too little is preferable even if only because it is relatively easy to do something about too much ventilation.  A Tenant is usually expected to act in a Tenant-like manner, so that would mean taking ownership of simple things.  Can the draughty air bricks be resolved by taping a sheet of cardboard over the vents receiving the incoming air flow?

Out of interest, how was the internal wind speed measured?

RobinStrings

Nebulous2 said:

What does the energy certificate say? 

It misrepresents this relatively modern flat as more energy efficient than the old victorian property I was in previously, which literally had floor to ceiling single-pain glass windows, yet much cheaper energy costs. My case begins in 2018, too, before energy companies were falling over themselves to blame their rapacious cost increases upon covid, or Russia etc.

Grumpy_chap said:

I can't see a fraud case here.

The LL is probably stuck between a rock and a hard place.  I think, on balance, too much ventilation rather than too little is preferable even if only because it is relatively easy to do something about too much ventilation.  A Tenant is usually expected to act in a Tenant-like manner, so that would mean taking ownership of simple things.

Yes, the moral conundrum over whether to rape tenants of rent payments and their basic rights as citizens, while simultaneously breaching your own tenancy agreement, is such a difficult one to navigate.

I think, on balance, Landlords contractually obligated to maintain a Weather-Tight property, should ensure it's comfortable for the tenant they're raping for rent...

and if living conditions are Not satisfactory, in a Civilised society, one would expect landlords to either make it so, or assist the tenant to move out, rather than prevent them from moving out, which is what this Supremely virtuous social housing provider did so they could continue rapaciously harvesting rent, Forcibly, Against my will...

like I was literally Plantation Slave Property for them to monetise at their leisure.

Eyeful

You have not explained : 
1. How you did not see 8 large, uncovered apertures (ventilation ducts) in the walls, when you inspected the property.
2. If you have tried covering or reducing the size of these apertures (if not, why not)?

You have not answered the question asked, "How did you measure the wind speed as 30 mph"?

What is the name of your "one of the largest landlord’s in Britain"?

How many floors up, is this flat?

Does the lift always work?