New Tenancy Issues

[thewhitedog]

Hi,
Apologies if anything here is mentioned in a previous post, I'm new to forums and the etiquette.

My partner and I moved out of our old property and viewed many crappy properties.
We eventually found a property that was slightly more expensive than we wanted to pay (£625pcm). When we viewed it, it was your typical viewing: ushered around by a letting agent while the existing tenant looks slightly embarrassed to be there. The property seemed to be fair quality for the price, but obviously the standard 2 minute viewing doesn't let you see all the flaws.

We paid the "holding fee" and filled in the forms that day. Then came the 3 weeks wait. We eventually got the confirmation and agreed dates and moved in this weekend.

However when we got here we discovered a whole heap of problems.
Not only was there no gas supplied to the property and a key electric meter (neither fact were we told previously and neither did we think to ask - in this day and age who assumes you won't have gas??), but we went round that day and wrote 2 sides of A4 of issues.

The edited highlights:
- Floor-to-ceiling external doorframe in bedroom broken and letting in the elements
- impossible to heat as night storage heaters rubbish (and only 2 in a 4 room house! how are we supposed to heat the rest of the house?)
- doorbell & outside light don't work
- curtain fittings damaged
- mould in the bathroom
- heated towel rail hanging from wall
- paint peeling from walls around bathroom window
- marks on walls and carpets etc. plus cracked and chipped walls
- bulbs missing from the bizarre single spotlights (1 in each room)
There are drafts everywhere, and I mean everywhere. Plus the fact that nothing has been cleaned despite the contract we have just signed saying everything has to be deep cleaned and receipts produced when we leave.

We can't heat the property at all (storage heaters are useless and the electric heater left in the property heats a 2 foot area and no more).

We received NO inventory when signing the contract, which we thought was a bit odd.

The landlord is in charge of maintenance and the agents have basically washed their hands of it. We've been here less than 24 hours and we know we can't stay without either freezing to death or going mad. This may seem like a list of minor things, but 2 pages of 'minor' issues equals 1 big problem.

What can we do? This isn't some sort of buyers remorse - we don't relish the hassle and expense of finding another place and moving yet again. But this property in this condition is not worth what we're paying for it. The original viewing did not leave us prepared for the actual (multiple) flaws.

The contract says that if we leave early we have to pay £500 to help the landlord relet. It doesn't seem to say about paying the rent up to the contract term. At this stage we'd rather write off the £500 and what we've spent so far (the months rent and deposit) to get out, it is that bad. Can anyone clarify if there is a legal requirement to pay this "contribution" AND the remainder rent? Obviously if it's just the "contribution" we'll pay just to get out, but the £3600 plus the rent elsewhere is not something I'd cherish doing.

Thanks in advance

[MrShed]

What is the exact term in the tenancy agreement re you vacating the property?

Property is let "as is" to a big extent, and as much as I sympathise, you made a mistake in not thoroughly viewing the property and making various assumptions. Last time I rented(many moons ago!) I viewed the property 3 times, the last viewing was for an hour while I really checked the place over. IMO, the only one which MAY be enforceable(I'm not sure) is that the heating may be deemed inadequate .

All that said - have you yet spoken to the landlord? It may be that he is amenable to rectifying these issues. This is clearly the first thing to do.

[thewhitedog]

Thanks MrShed,

After I posted I read through the forums and was hoping you'd reply as you seem to have your head screwed on!

It's a 12 month term with the 6 months break clause. I don't have a copy handy (the joys of mobile internet) but we went through the paperwork and it is the standard 1 month notice at 6 months point clause.

Previous properties we've been in have had small issues, and there is a level of acceptance to certain issues when renting properties, but the sheer volume of issues really makes us feel like we've been completely mislead and the details misrepresented. Particularly the fact the gas/key meter was mentioned as an "oh by the way we forgot to mention" after we'd paid and signed, and the fact that we apparently signed the same contract as the previous tenant that makes a big fuss about professional cleaning upon vacation yet the place was a sty and clearly hadn't been checked. After posting we even found the remnants of the last meal on a tray still in the oven! Tasty!

In future we will check all properties with a fine tooth comb before even expressing an interest.

As to speaking to the landlord, previous experience tells me that the repairs will be dragged out over the course of the tenancy and any repairs that eventually happen will be half assed and botched. "Of course we'll get an engineer out" etc and weeks of rearranging days off for them not to turn up... Sigh.

But I thank you once again for your advice and will update as soon as I have any info.

[MrShed]

If you havent been provided with an inventory, that really isnt your issue - the inventory is there purely(although some here will disagree with me) for the landlords benefit.

The problem you have now is, whether or not the property was rightly or wrongly let, any breach is not severe enough to terminate the tenancy. So we may as well leave that for another day

The first thing definitely must be to speak to the landlord. I understand your previous experience, and it certainly does not bode well that the place is in that state to start with. However, it may be that the landlord is unaware of the condition of the property, and there are some of us out there who are decent!!

I'll try and help with the individual complaints as much as I can:

- There really are plenty of properties still(I know you may be surprised) that do not have a gas supply. There really isnt anywhere to go with this - although I suspect you know this.
- Electric key meter. This is not my area, but I am fairly sure that you can get these removed once any debt on them is cleared - although there may be a cost, it may still be economical to do so as key meters are more expensive per kWh.
- Floor to ceiling external doorframe. How do you mean "external"? Do you mean there is a door straight from outside to the bedroom?
- Storage heaters - again isn't my forte, but it may be deemed insufficient heating, especially during the winter months. I think Joa knows more on this one than me, so will await her contribution!
- External light and doorbell - pretty insignificant in the grand scheme, and no way of enforcing any repair. You are expected to treat the property in a "tenant like manner", and although I dont agree that you should neccessarily perform repairs that better the property, it is probably much less hassle etc spending the £10-20 to get these two things working.
- Curtain fittings - again are fairly unsubstantial, and I would probably just sort it myself.
- Mould in bathroom - is pretty much par for the course when the place isnt ventilated properly. Give it a clean and keep it ventilated.
- Heated towel rail - the landlord should probably do this, but I doubt if you can force him to.
- Paint peeling - again, decor, and no obligation to do anything with.
- Same with carpets and walls.
- The bulbs really fall into the same category as the bell.

Please dont get me wrong - I am not belittling the faults - I can understand how annoying it must be, and how frustrating that these things have cropped up. However, I am just trying to post practical and realistic solutions. It is a list of annoying issues, and I understand, but most of them can be solved by yourself with a minimum of outlay, time and effort - certainly compared to chasing up a landlord to do it when they probably have no obligation to do so anyway.

Hope this helps.

[thewhitedog]

Hi,

The property is a single storey flat with a living/kitchen area, bedroom, bathroom, study/2nd bedroom.

In the main bedroom and living area there is a patio style door, even though the only thing outside is an 8 - 10 foot drop to gravel. The safety element of this isn't an issue (I don't sleepwalk and not a fan of Jackass).

The property is exposed to the elements on all sides and the faulty window/door/thing in the bedroom basically funnels the winds through, giving off a constant whistling noise and dropping the temperature so much you can see your breath in there. We slept in the living area last night as it was the only room we could get above freezing.
The storage heaters "work" in that they heat an area about a foot round the units but not much else.

I appreciate your advice on the repairs and agree the bulk are straightforward to alter, but I begrudge having to spend out on a property that is expensive already and clearly has been given to us without any prior checks done or apparent care for the new tenants (us).

Things like the damp etc I know are always an issue in rented accomodation, as are little things like bulbs etc. I don't want to list all the items on the 2 and a half pages i wrote out but you can appreciate why we're feeling pretty peeved.
*edit: You mention cleaning the mould and ventilating - I assure you that ventilation in this place in NOT an issue!!

As you seem to be the resident expert, what do you think would be the response if we told them they could keep the deposit and month in advance and we'll be out the next day so they can rent it to the next poor sap? If presented with the list and this proposal, what would you do, bearing in mind we've only been here 48 hours and the majority of which the agent has been shut and unreachable?

Thanks once again MrS!

[MrShed]

Officially? You shouldnt do it, as you are in breach of contract and can technically be sued for the remainder of the 12 months.

Unofficially? If you dont give them a forwarding address there isnt a massive amount they can do about it....doesnt neccessarily mean I agree that you should follow this course of action of course

[MrShed]

HOWEVER, do remember that they have 6 years to sue should they so desire - so I suppose the question is do you want to have the possibility of it coming back to bite for the next 6 years? It is nowhere near as hard to find people as you might think these days.

[thewhitedog]

How about we give them the 6 months rent (cos we would not stay in this dump any longer than that -thank you break clause!- and are that desperate to get out)? Think they'd accept that?
This place has been so tainted now that I would rather pay the lump of rent and count my losses than pay the rent plus bills plus repairs etc.

[thewhitedog]

Hi All, especially MrShed,

I have taken your advice and spoken to the landlord. He was most amiable and it has all been sorted to everyone's benefit.

Thanks again, I shall be a staunch advocate of this website and will spread the word about the good work you do!

[MrShed]

Hate to say I told you so, but....

No but seriously, a good result all round - well done.