New Rented property can i get refund....

[cocobryce77]

We recently agreed to rent a property which was still in the process of being finished its build. The landlord on showing us round told us it would be a turnkey finish with space to put dishwasher and Washing machine. Deposit and first month rent was given and after being given the key told it would be ready today. Wall sockets are currently hanging off the kitchen walls, there is no plumbing to the gaps or power sockets. Only blanked fascias and the property has no light bulbs. Along with being very dirty!! The landlord seems in no hurry and says we didn't agree to plumb washing machines. We have been paying for this house without habitation for 7 days and it is unsafe and not ready.
We have not moved in but he has our money, are we entitled to say ok give the money back we no longer want the property?

[Joa]

The condition of the property needs to be reasonable for the contract to be binding. The landlord has to either offer you a significant reduction in rent for the weeks when you could not enjoy fully the property or you can walk away and ask for your money back.
Each option has it's drawbacks- see how landlord reacts to both options when you talk to him.
Make a detailed log of the issues. But be reasonable- there is a difference between cosmetic finishes and real problems.

[cocobryce77]

With bare wires exposed on the wall sockets and the property having no lightbulbs, am i entitled to say i have no confidence in it due to a lack of electrical safety. And as such ask for my money back, if they say no what recourse do i have, and will i be likely to succeed.

[Joa]

Lack of lightbulbs is not a reasonable, fair and justifiable reason but exposed live (?) wires is.
If the landlord is working hard towards finishing the work and making it safe for you, and there is not a lot work left- leaving the property now would not be reasonable. If, on the other hand, the landlord is slacking, despite being aware of the problem- you are entitled to claim breach of contract on his part. Plumbing issue is tricky- verbal arguments are difficult to prove.

Your recourse would be a standard money claim approach; 1st letter where you explain your position, how the contract was broken by the landlord and what do you want to achieve and when (full refund in 14 days). 2nd letter where you summarise the problem and warn of the court action if no refund within 14 days. And finally money claim through the court.
We can cross that bridge when you get there.
Likelyhood of success will depend on strenght of the evidence (TAKE PHOTOS with the dated newspaper in view), and the severity of the problem.
Consider this: court action can be very stressful, time consuming and not as successful as you would have wished. I would strongly advise to leave it as a very very last resort. I would focus on sorting out the current problems in your rented accommodation, making the best of the relationship with the landlord and avoiding court.
Perhaps the landlord would agree to rent reduction if you do the outstanding work yourself (get few Polish guys, they are lovely, lol)

[cocobryce77]

Asked for money back, answer was no so i gave them letter detailing the highlighted problems. Now just wait and see eh!
If there is a need to pursue legal action is the a long process? have i a good case? Is it going to cost me a lot?


PS I also know there is covenant of deeds for the property which says it cannot be leased out.

[Joa]

Originally Posted by cocobryce77

Asked for money back, answer was no so i gave them letter detailing the highlighted problems.

Good, now start counting 14 days. Have you kept a copy?

If there is a need to pursue legal action

That depends if want your money back and they do not want to give it to you!

is the a long process? have i a good case? Is it going to cost me a lot?

the lenght of process has increased substantially recently due to courts being absolutelly clogged up by bank charges cases. How long- nobody can say for sure but it can range from 2 to 6 from the moment the summons are issued to the hearing date. The strenght of case will depend on the evidence. The fees scale :
If your claim is:

Under £300 your fee will be £30
£300-£500 - £50
£500-£1,000 - £80
£1,000-£5,000 - £120

PS I also know there is covenant of deeds for the property which says it cannot be leased out.

Interesting. I am not sure about it- but someone should come along shortly who does.

[cocobryce77]

No reply from first letter, should i give 14 days with the summary letter? no contact from them whatsoever, seems they are intent ignoring it and keeping my money