Advice Please - Agency Dispute !!

[Nick SPX]

I was due to move in to my new accommodation with an estate agent as the letting manager. 3 days prior to moving in I asked when I could pick up the keys (I wanted the day before so when all the removal guys turned up in the morning we didn't have to wait about).

The agency informed me that they had made a mistake on the move in date and the new date was now 3 days later. I pointed out that everything was arranged to move and I couldn't stay anywhere else. They found me temporary accommodation for free for 3 days which was annoying as I then had to move house twice.

When I moved in to my property eventually, none of the furniture was in the flat (they had shown me round with a few other witnesses and said 'what you see is what you get'). I immediately complained and the agent apologised. I asked for an inventory and he said that he would find one for me. The contract I had signed was a standard contract.

Anyway, they refused to furnish the place and I have now moved out (yay to moving house for a 3rd time!).

They are being investigated by the NAEA now and I would like to get back a % of my rent as well as the trouble for having to move twice with a wife who cannot walk !

Any advice ?

[spunkeyrich]

a few questions.

1/ how long did you stay at the property
2/ did the agent details say the home was fully furnished or part furnished or unfurnished.
3/ did you indicate that after you found it unfurnished you were happy to rent the place (by paying the same rent)
4/ The National Association of Estate Agents (for which i used to be member) is a voluntary organisation. Check the Agent in question is a member.

[Nick SPX]

Thanks for the reply.
1) We ended up being there for just 2 months. The agency wanted to make us stay for the minimum 6 months on the contract but because we kicked up such a stink and reported them to the NAEA, after 2 letters accepted our stance that the contract be made null and void.
2) The agent, despite several requests prior to us moving in, did not provide an inventory. They then claimed that they do not always provide inventories (apparenty subject to landlords' requests). The contract does not mention the state of furnishings, however, there are numerous references to 'the inventory'.
3) We moved in on the understanding that they would provide the furnishings we found on our visit. Later on, they went back on this because the landlord was unhappy to pay of them. We complained from the 1st minute we found no furnishings. We had already paid the 1 months rent in advance and 6 weeks deposit prior to this discovery. From this moment we placed our next rent in a holding account and refused to pay any more until the despute was resolved.
4) Yes, they are a member.

Thanks

[spunkeyrich]

The Aent is right about the inventory, if the Landlord does not want one then its up to him. Its a bit daft as how does he prove what was left in the home and what condition was it in at the time of your occupation. However, if the Landlord had to make a dicision quickly then this can occure.

I think the agent in question is at fault. if they said it was furnished as a selling feature that you placed a deposit to secure the home, the items should have been in there.

work out how much it cost you with the inconvenience and moneytry value. Then I would write a letter to them asking for some sort of compensation. It would be of great benefit to you to have a copy of the particulars which said it was rented fully furnished. Try and find it and copy it and send copy to the agent mentioning you also have witnesses to support your claim.

cheers

rich