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Non responding landlord/letting agency

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Petko
Petko Posts: 8 Forumite
in House buying, renting & selling
Hi everyone

I’m looking for an advice on my huge issue with non responding Landord/agency.

In May I rented a flat trough a high street agency. They did inventory check which included testing all electrical appliances. But the test was just turn on/off test. Apparently everything was working.

On the day when we moved in I run in a washing machine one cycle and after 10 minutes into, the washing machine stoped and started beeping. I contacted the agency, as it is a serviced flat, they organised a visit. An engineer said it is not fixable and he sent a quote to the agency for new washing machine. This all happened in first week of our move.

After a few days I started chasing agency. We have an 18 month old daughter and not havin a washing machine became a huge problem for us They replied the Landord is in HK they are chasing him every single day and they can’t approve anything without his approval.

Two weeks later, life without a washing machines become un bearable and I decided to give them a deadline. I managed to find the same model online and send them an email saying if I don’t receive an approval in next 48h I will buy the new washing machine and then next month pay: rent minus’s the cost of the new washing machine. They didn’t reply of course. 48 hours later I bought the washing machine.

Since then (first week of June) I’ve been emailing them and asking have they managed to reach the Landord... Every single time the same answer no, but we are doing our best and will let you know as soon as we have any information. I continued paying the full rent

2 months later I was really annoyed and I contacted council’s house support line. they advised me to send them than email saying that for next rent I’m going to pay less for the washing machine cost and to hold aside that amount. When the Landord reimburses me I’ll pay back. And to give them 7 days to reply.

Once I sent the email, the agency went silent complete. After 10 working days I called council, they said you did everything what is possible and go ahead with you plan to not pay the full rent next month.

I’m not sure how to proceed now. Obviously if I don’t pay the full amount I will be in a breach of contract, but not having working appliance is also a breach from their said. Also I’m worried that this can affect my credit history

Does anyone have an advice, what should I do?

Thanks in advance!
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Comments

  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    It wont affect your credit rating unless they take you to court for the amount, win, and you still don!!!8217;t pay.

    What do you mean by a ~serviced apartment~
  • KateBob
    KateBob Posts: 1,789 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
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    This needs moving to the House buying, renting and selling forum.

    One thing I will say is check with the letting agent that the landlord has applied to HMRC for permission to receive the rent tax free, ie has he filled out a NRL1 form, if he lives aboard for more than 6 months!
    The HMRC will have informed either yourselves as tenants or the letting agent if the landlord has applied.
    Kate short for Bob.

    Alphabet thread High Priestess of all things unsavoury

    Tesla was a genius.
  • nyermen
    nyermen Posts: 1,093 Forumite
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    One more thing - i may get knocked down by the experts - please check your tenancy agreement (note - managed may have a special meaning?) re maintenance of white goods. I don't think there's a tenant right to have a working washing machine?
    Peter

    Debt free - finally finished paying off £20k + Interest.
  • macman
    macman Posts: 53,098 Forumite
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    Very poor advice from your LA to withold rent, as that will be a breach of your tenancy agreement....
    I'd send an LBA to the address given on your STA (which must be a UK address) saying that you will be seeking to recover the money through the small claims process in 14 days if you are not refunded. Enclose a copy of the receipt for the replacement.
    If the LL is not reachable, then the LA should have the authority to replace the item.
    No free lunch, and no free laptop ;)
  • Petko
    Petko Posts: 8 Forumite
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    Thank you all this is super useful.

    I've been reading the contract and managed to find this paragraph

    To take reasonable steps to ensure that the gas and/or electrical appliances and other similar mechanical
    appliances in the Premises are safe, in proper working order and in repair both at commencement of, and during
    the tenancy, as may be necessary from time to time in order to comply with the Landlord’s obligations under the
    Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs
    and Sockets etc., (Safety) Regulations 1994.

    Also I have this

    Tenants Maintenance Responsibilities
    Most household maintenance will be your Landlords responsibilities. However, a Tenant also has
    important responsibilities. These include, but are not restricted to:
    !!!61623; changing light bulbs
    !!!61623; changing fluorescent tubes
    !!!61623; changing fuses
    !!!61623; regularly test battery operated smoke alarms and replace batteries if and when necessary
    !!!61623; unblocking stoppages in any sink, basin or toilet that are caused as a result of the actions
    or inactions of the Tenant

    Also I need to correct my self it's not a serviced flat it managed by Agency
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
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    This really needs moving - you'll get much better advice on the housing board OP. In the meantime, I'd check the Shelter website.
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    Kate/Bob wrote: »
    This needs moving to the House buying, renting and selling forum.

    One thing I will say is check with the letting agent that the landlord has applied to HMRC for permission to receive the rent tax free, ie has he filled out a NRL1 form, if he lives aboard for more than 6 months!
    The HMRC will have informed either yourselves as tenants or the letting agent if the landlord has applied.


    !!!!!! has that got to do with no :rotfl:
    And more importantly how's it gonna help op sort out the washing machine issue???
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
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    arcon5 wrote: »
    !!!!!! has that got to do with no :rotfl:
    And more importantly how's it gonna help op sort out the washing machine issue???


    There's some strangeness about non resident landlords - something about tenants needing to withold tax from the rent and pay it to HMRC directly. That could have a lot to do with you! Hence why this needs moving to the housing board.
  • m0bov
    m0bov Posts: 2,524 Forumite
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    Just put it all in writing to the address on your tenancy contract for serving notice. Send two copies from two different postal areas. Keep a copy.

    Deduct the cost from next month if you wish.
  • wesleyad
    wesleyad Posts: 754 Forumite
    First Post First Anniversary
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    nyermen wrote: »
    One more thing - i may get knocked down by the experts - please check your tenancy agreement (note - managed may have a special meaning?) re maintenance of white goods. I don't think there's a tenant right to have a working washing machine?

    Depends, if property is furnished then almost certainly. If unfurnished but the LL left a working washing machine, unless they stated it was gifted, they could find they are still responsible.
    macman wrote: »
    Very poor advice from your LA to withold rent, as that will be a breach of your tenancy agreement....

    Not necessarily, there are situations this is allowed (but OP has not followed correct procedure here)
    http://england.shelter.org.uk/legal/housing_conditions/taking_action_on_disrepair/withholding_rent
    Rosemary7391 wrote: »
    There's some strangeness about non resident landlords - something about tenants needing to withold tax from the rent and pay it to HMRC directly. That could have a lot to do with you! Hence why this needs moving to the housing board.

    That's only if the LL isn't using a LA (I think)

    https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad

    But I agree this needs moved to the renting board, those guys are the experts
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