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  • FIRST POST
    • Petko
    • By Petko 5th Aug 18, 8:44 PM
    • 2Posts
    • 0Thanks
    Petko
    Non responding landlord/letting agency
    • #1
    • 5th Aug 18, 8:44 PM
    Non responding landlord/letting agency 5th Aug 18 at 8:44 PM
    Hi everyone

    Iím 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 canít 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 donít receive an approval in next 48h I will buy the new washing machine and then next month pay: rent minusís the cost of the new washing machine. They didnít reply of course. 48 hours later I bought the washing machine.

    Since then (first week of June) Iíve 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 councilís house support line. they advised me to send them than email saying that for next rent Iím going to pay less for the washing machine cost and to hold aside that amount. When the Landord reimburses me Iíll 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.

    Iím not sure how to proceed now. Obviously if I donít 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 Iím worried that this can affect my credit history

    Does anyone have an advice, what should I do?

    Thanks in advance!
Page 1
    • marliepanda
    • By marliepanda 5th Aug 18, 9:24 PM
    • 6,896 Posts
    • 15,040 Thanks
    marliepanda
    • #2
    • 5th Aug 18, 9:24 PM
    • #2
    • 5th Aug 18, 9:24 PM
    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~
    • Kate/Bob
    • By Kate/Bob 5th Aug 18, 9:44 PM
    • 1,650 Posts
    • 5,367 Thanks
    Kate/Bob
    • #3
    • 5th Aug 18, 9:44 PM
    • #3
    • 5th Aug 18, 9:44 PM
    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
    • By nyermen 6th Aug 18, 7:20 AM
    • 216 Posts
    • 168 Thanks
    nyermen
    • #4
    • 6th Aug 18, 7:20 AM
    • #4
    • 6th Aug 18, 7:20 AM
    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
    • By macman 6th Aug 18, 7:56 AM
    • 42,800 Posts
    • 18,043 Thanks
    macman
    • #5
    • 6th Aug 18, 7:56 AM
    • #5
    • 6th Aug 18, 7:56 AM
    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
    • By Petko 6th Aug 18, 8:36 AM
    • 2 Posts
    • 0 Thanks
    Petko
    • #6
    • 6th Aug 18, 8:36 AM
    • #6
    • 6th Aug 18, 8:36 AM
    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 Landlordís 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
    • By Rosemary7391 6th Aug 18, 10:07 AM
    • 2,507 Posts
    • 4,266 Thanks
    Rosemary7391
    • #7
    • 6th Aug 18, 10:07 AM
    • #7
    • 6th Aug 18, 10:07 AM
    This really needs moving - you'll get much better advice on the housing board OP. In the meantime, I'd check the Shelter website.
    Slinkies 2018 Challenge - 0/80lb lost
    • arcon5
    • By arcon5 6th Aug 18, 10:21 AM
    • 13,631 Posts
    • 8,641 Thanks
    arcon5
    • #8
    • 6th Aug 18, 10:21 AM
    • #8
    • 6th Aug 18, 10:21 AM
    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.
    Originally posted by Kate/Bob

    Wtf has that got to do with no
    And more importantly how's it gonna help op sort out the washing machine issue???
    • Rosemary7391
    • By Rosemary7391 6th Aug 18, 10:32 AM
    • 2,507 Posts
    • 4,266 Thanks
    Rosemary7391
    • #9
    • 6th Aug 18, 10:32 AM
    • #9
    • 6th Aug 18, 10:32 AM
    Wtf has that got to do with no
    And more importantly how's it gonna help op sort out the washing machine issue???
    Originally posted by arcon5

    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.
    Slinkies 2018 Challenge - 0/80lb lost
    • m0bov
    • By m0bov 6th Aug 18, 12:22 PM
    • 1,397 Posts
    • 971 Thanks
    m0bov
    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
    • By wesleyad 6th Aug 18, 12:42 PM
    • 364 Posts
    • 300 Thanks
    wesleyad
    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?
    Originally posted by nyermen
    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.

    Very poor advice from your LA to withold rent, as that will be a breach of your tenancy agreement....
    Originally posted by macman
    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

    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.
    Originally posted by Rosemary7391
    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
    • steampowered
    • By steampowered 6th Aug 18, 6:17 PM
    • 2,958 Posts
    • 2,933 Thanks
    steampowered
    If you aren't too bothered about potentially having to move to a different property, I personally would be tempted to just deduct the washing machine from the rent (even though that would probably be a breach of your tenancy agreement).

    The other attention-grabbing alternative is to issue a small claim against the landlord through the county court. Ultimately leading to a CCJ against the landlord, which you can then secure against the property. Though there is a cost to doing that.
    • Alexanderson1
    • By Alexanderson1 7th Aug 18, 9:51 AM
    • 1 Posts
    • 0 Thanks
    Alexanderson1
    see your tenant agreement is everything, what ever the deductions will be will be written in advance at the agreement, it will be courtesy of the landlord if he does not deduct anything.
    • Le_Kirk
    • By Le_Kirk 7th Aug 18, 9:59 AM
    • 3,417 Posts
    • 2,379 Thanks
    Le_Kirk
    The thread won't move itself, so OP, just send a PM to either Chickabiddybex or Dizzy Ditzy and ask them to move it for you.
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