xxnd SEPTEMBER 2011
SENT BY ROYAL MAIL SPEICAL NEXT DAY DELIVERY.
FORMAL NOTICE OF INTENDED ACTION
RE: XXX (property address
Property “xxx” (the property)
Tenant “xxx” (the tenant)
Landlord “xxx” (the landlord)
Agency/Agent “CCC” (the agent)
Tenancy “Assured Shorthold Tenancy agreement for rental of the Property commencing on xx/xx/xxxx between Tenant & Agent & Landlord” (the tenancy)
After numerous telephone calls and emails with your agent regarding the above property it has left me with no option other than to seek legal advice and send a letter informing you of my formal notice of intended action if this matter is not rectified within 10 working days.
I have served notice of intended action on yourselves as you are the landlord of the property and therefore the proprietor of the contract.
When I first moved into the property the incorrect water meter details had been provided to united utilities, this resulted in me being billed for another apartment’s water usage. The rectification of this matter required me to make numerous phone calls and take a day off work to sort out all at my expense.
As a landlord you have failed to meet your obligations laid out under Section 11 of the Landlord and Tenant Act 1985, Defective Premises Act 1972, Environmental Protection Act 1990, Housing Act 2004, The Tenancy Agreement, Duty of Care and other responsibilities given by statute.
Under the above legislation as the landlord you have a duty of care to keep in good repair and proper working order the installations for the supply of water, gas and electricity, and for sanitation (including basins, sinks, baths and toilets). Despite numerous requests by telephone and email to the agent repairs to the are still outstanding:
· Cracked Leaking Toilet (Section 3.3)
· Faulty flushing mechanism on toilet causing a constant drain of water at my expense due to water meter (Section 3.3)
· Missing Shower Head (Section 3.3)
· Missing Clips off spotlights on duplex floor (Section 3.5)
· Faulty Freezer (Section 3.5)
· Mould on shower sealant (Section 3.3)
· Missing Ridge Tile On Roof causing nuisance noise (Section 3.3 of tenancy)
· Sharp corner on strip between laminate and kitchen flooring tiles
· Raised/Damage to joints of laminate flooring in front room
· Fault with boiler requiring it to be constantly be reset losing hot water
I had to wait over two weeks after moving in for someone to come and program the alarm which is in breach of (Section 3.4) of the tenancy.
It took over a month from moving in to have the replacement velux blind fitted in the duplex bedroom which was promised would be installed before moving into the property. Due to working nights as a taxi driver it disturbed my sleep during the day as I was unable to darken the room.
Whilst living at the property I was informed by the Police it had previously been used as a cannabis drugs factory which had been raided by the Police and evidence removed. This left me scared for the well being of myself and my x year old daughter to whom I am a lone parent.
I have spoken to several current tenants and am also in contact with the previous tenants of (XXX the apt block) who all experience the same problems and are willing to provide witness statements regarding agent’s complete incompetence and unwillingness to carry out repairs.
When viewing the property I was promised secured gated off street parking for my car. When I was given the keys to the property on xxth xxx xxx I was provided with one fob for the gate. The gate fob I was provided with was faulty, they then took that fob off me leaving me with no fob at all for a long period of time. It then took till the xxth xxxl 20xx for “James” to get a new fob and program it. Someone then posted a fob through my door a couple of days later. This resulted in having to pay extra car insurance to have my car parked on the road outside. I find it very hard to believe that you have NO spare fobs for the gates as stated by the agent.
I also informed the agent that certain tenants were using spaces to store unused cars and other tenants using sometimes 4 car parking spaces at a time for their friends/guests. I suggested that each apartment was allocated one parking space and any left over would be on a first come first serve basis. As I worked nights I was often left with nowhere to park due to the selfishness of other tenants. The agent claimed they would speak to you regarding this matter and yet again to date have received no response. Some tenants also park their work vans in the communal area taking up large amounts of space which is in breach of tenancy (section 2.52). Other tenants even allowed the parking area to be used for their friends work’s van who is a contractor of a certain City Council.
On the 5th July 2011 I contacted your agent asking to be released from the tenancy due to the deteriorating health condition of my mother who is bed bound and requires 24 hour a day care. I even said evidence of my mother’s health can be provided on request, if required this is still possible. The agent advised me that the request would be passed onto you and I would receive a response. To date no response has been received and in the meantime the agent said they would look for a tenant to move into the property and several viewing have took place.
Due to my mothers condition I was left with no option other than to vacate the property on 14th July 2011 leaving the property empty except for a couple of items. I immediately informed the agent in compliance with (section 2.27) and yet up until several days ago the property manager had not been informed that I had even moved out of the property.
This is a clear demonstration of the complete break down of communication between the staff in your agent’s office and between them and yourselves.
As a landlord you should be fully aware that you have the right to 'reasonable' access to carry out certain types of repairs for which you are responsible, but you should always ask for the tenant's permission, and should give at least 24 hours' notice (s11(6) Landlord and Tenant Act 1985). If you want to enter the property for any other reason, you can only do this with the tenant's agreement. I am fully entitled to refuse you permission if the proposed date/time is inconvenient. I should bring it to your attention that (Section 2.56) of the tenancy is not legally enforceable.
During one of the viewings while I was still living in the property I was even accused by the gardener of trying to sublet the property and felt quite threatened until the agent corrected him.
I gave permission for the agent to enter the property on 16th July 2011 and on several other occasions to conduct a viewing without me being present as I was unable to get out of work but on 19th July 2011 the agent entered the property WITHOUT my permission. I happened to approach the property whilst the door was open and thought the property had been broken into. Upon entering the property I found the agent with another man and women conducting a viewing.
You are fully aware of your obligations as you have agreed to meet them in (section 3) of the tenancy agreement by allowing the agent to sign the tenancy on your behalf.
By the agent entering the property without my permission, she committed a civil
offence and because:-
• The agent was in breach of the tenancy, because they have broken the implied term to allow the tenant uninterrupted use of the accommodation. This is known as breach of quiet enjoyment.
• They trespassed onto the property and also allowed other people unknown to myself into the property without my permission.
• Breach of (section 3.2) of the tenancy.
The agent made me aware you are currently renewing and improving the apartment as they become vacant (number and 1 and 13 I believe) and that you would be asking my permission for workman to enter the property to carry out such work. Why has no permission been asked for at anytime whilst the property has been empty? It would seem in your interest to have any work carried out whilst the property is in vacant which I was happy to provide permission for you to do.
I spoke to the agent on 8th September 2011 and they claimed you stated the property was a mess which I found very hard to believe considering it was vacant and cleaned after I left. Only the agent had been in the property since leaving. I have contact details of people who viewed the property with the agent and can confirm the condition of the property. After speaking to one of the current tenants at Ashbury Gables on 9th September 2011 I can confirm the mess was caused by someone leaving the French doors in the living room open during one of the recent viewing at the property. The tenant even stated they thought someone was living in the property because the doors had been opening and closing which must have been caused by the wind with the door being left open and unlocked.
These are major breaches of the Landlord and Tenant Act 1985, Defective Premises Act 1972, Environmental Protection Act 1990, Housing Act 2004, and the tenancy agreement detailed above signed by your agent on your behalf.
Therefore considering your blatant ignorance to carry out your obligations as a landlord and by entering the property without permission I consider your breach of contract as full repudiation of the tenancy.
Please be aware I have documented evidence of all of the above by email, telephone calls, family members, impartial witnesses and photographs showing every inch of the property and all repairs you failed you carried out. All of this evidence will be provided if I am required to proceed for full recovery of the monies via the courts.
I require confirmation in writing that security deposit of £1000 (Tenancy UID Code: XXXXXX) for which I have attached of copy for your information will be released in full with immediate effect. As confirmed in the out muster report conducted by your agent on 15th September 2011, the property was left in a clean, completely vacant and no further damage damaged caused by me during the tenancy.
Due to your breach of contract and repudiation of the tenancy I require a full refund for all rent paid (29th March 2011 -31st July 2011) as outlined below.
29th March 2011 – 31st March 2011 : £xx
1st April 2011 – 30th April 2011 : £xxx.00
1st May 2011 – 31 May 2011 : £xxx.00
1st June 2011 – 30th June 2011 : £xxx.00
1st July 2011 – 31st July 2011 : £xxx.00
1st August 2011 – 31 August 2011 : UNPAID DUE TO ONGOING DISPUE
1st September 2011 – 28th September 2011 : UNPAID DUE TO ONGOING DISPUTE
TOTAL AMOUNT PAID TO YOUR AGENT BY MYSELF : £xxxx.xx
I therefore request that you forward to me within 10 working days of this letter to the address shown above a cheque in the sum of £xxxx.xx made payable to “Mr Andrew Quinn” and arrange full return of the security deposit via the Tenancy Deposit Scheme with immediate effect due to the satisfactory out muster carried out on 14th October 2011 by the agent.
If I do not receive your cheque in the sum of £xxxx.xx within the 10 working days stated, I regret that you will leave me with no alternative but to issue proceedings in the county court to recover the full amount plus costs, damages and interest.
I am happy to sign a confidentiality/none disclosure agreement regarding this matter if full payment is received. I look forward to your swift response in this matter. As I am fully aware a number of your current and previous tenant are not happy with the service provided by your agents I can fully understand wanting to keep this a private agreements between ourselves.
Mr XX XXX
CC: xxx agent franchise HEAD office
CC: Fax to xxx (Liverpool)
Attached: Copy of the tenancy agreement.