New tenancy - getting things straight

[barella]

Hello all

 

(I have posted this in another forum too, hope thats ok, no reply in other forum as yet)

 

I moved into a new build rented property at the end of March.

 

The Letting agents have been really poor with communications since before the tenancy began (not responding fully to queries and giving contradictory information).

 

I was told the LL would make an appointment to go through the property with me and note down any issues/snags before sending the 'basic condition report' which never happened.

 

I drew up a list of issues (some needing attention, others simply minor cosmetic snags) and took it the the LA the day after I moved in then about a month later i was sent a basic condition report that said everything was immaculate and that they have photographs at the office. They did not acknowledge the issues I raised previously and I have not seen the photo's. They said if i did not write to them within 7 days it would be taken that I agree with the report. I wrote a letter raising the issues again and hand delivered it. The LA later confirmed by email that they would amend the report and send it to me.

 

A short while later I hadnt heard anything so I called into the LA and asked about the outstanding issues, etc and was told the LL was managing the property himself and I had to contact him (this contradicts what I was told when I signed the lease). But I said I gave them a list the day after I moved in and they said they would forward that the the landlord and chase it up for me.

 

I also left a messag on the LL's mobile that I was having problems getting things sorted.

 

Still nothing so I sent an email about a week ago to the LA chasing everything up and asked them to confirm who I should go to.

 

To date I have not received any further communication, no amended condition report and the issues needing attention remain unattended to.

 

1. Do the photographs in the office hold any weight since I was not present when they were taken, have not seen them and have not signed anything to say they are a true representation?

 

2. Because I have disputed the first basic condition report (which they acknowledged by email) and have still not received an amended copy, does that hold any weight?

 

3. There are a number of other snags because it is a new build (doors not fitted properly so they dont close, still not provided with keys for window locks, etc). Does the LL have to fix these within a certain time period?

 

4. I was verbally told by the LA that we can hang pictures as long as we used picture hooks and we can also put up other fixtures as long as we left them in place at the end of the tenancy. I asked for this in writing but still nothing. I'm scared to do anything to the place now!

 

5. I was told before I signed that blinds would be fitted to all windows (including the velux attic bedroom windows), after I moved in I was told the velux windows would not be fitted with blinds because they are too expensive and they would be fitted with 'some sort of curtain'. I'm not happy with that and I tried to compromise with a 50/50 split on the cost but heard nothing since. Any idea where I stand with that bearing in mind that because 'fixtures' are to be left behind, LL gets a house with £400 velux blinds paid for by me (and what if he gives me notice at the end of 12 months)?

 

Any advice from current LLs or LAs appreciated. I don't want to get into any disputes at this stage, I like the house and want to stay in it for a long time but experience tells me I need protect myself for later.

 

Sorry for the long post and thanks in advance

[MrShed]

I think the important question here is what are the list of items you are querying?

 

Point 1) - basically yes, you would struggle to dispute the photographs PURELY because they werent taken with you there. If you can provide evidence to the contrary, then this is more likely to hold some weight, but timing/lack of signature only is unlikely to be particularly persuasive.

 

3) not really....the only legal basis for this is if they made the property uninhabitable, which they dont. Technically, he doesnt have to fix them at all

 

4) If he hasnt given you anything in writing, dont do it....he is entitled not to allow you to hang pictures etc. Same for 5) really - he does not have to allow you to fit blinds, nor pay you a portion towards it.

[barella]

Hi MrShed,

 

Point 1)...you would struggle to dispute the photographs PURELY because they werent taken with you there

I'm confused. From reading your answer the LA could produce any photographs as evidence in the event of a dispute. I'm surprised they don't need to be agreed by me. This actually contradicts what I've understood reading other posts of LL/tenant disputes on this forum.

 

There are 4 identical houses in the court, all built at the same time, all new builds.

 

 

...If you can provide evidence to the contrary, then this is more likely to hold some weight...

They said the LL and I would walk round the property together and they didnt say till a month in that they already had the photo's and the LL never attended a joint inspection. So even if i went round taking photo's myself now, they would prove nothing because they could say 'damage was done' in the first two months.

 

I suppose the only thing I could do now is get my ar*e down to the LA, ask to see the photo's to check if there is anything I don't agree with.

 

Do you have any thoughts on point 2? If they can produce any old photo's Im assuming they can produce any old basic condition report? Does that have to be agreed in writing by me? does the fact I wrote to dispute it (which was acknowledged) stand for anything?

 

Same for 5) really - he does not have to allow you to fit blinds

I do have it in an email from the LA dated before I signed that blinds would be fitted throughout the property - does that give me any 'oomph'?

 

Thanks lots for your time on this.

[MrShed]

OK point 1. Ordinarily, I would agree with you(to an extent). HOWEVER, this is a new build and(perhaps wrongly) I am assuming that that you are the first tenant of this property. This goes massively against you, as it is highly unlikely that a court is going to entertain any claim that a brand new property was damaged prior to you moving in, UNLESS you can provide evidence to the contrary. When you are the first tenant of a property, the "rules" of showing the status of the property by the landlord prior to occupation(although I say rules loosely) can be bent massively, as the court will to an extent assume(and quite reasonably) that it is highly unlikely there was any damage to the property prior to you moving in.

 

5 - sorry, misread the original post.Did they state a timescale in the email? IE did they state it would be prior to you moving in?

[barella]

hya,

 

thing is with new builds is that snags can appear while the house settles, those I can deal with because they are pretty common snags which i doubt could be attributed to anything OTHER than the house settling. but there is also damage that was done while things were being installed.

 

there is a crack in one of the doors (looks like it was made when they were attaching the handle)

 

the aerial installers (which the LA instructed) botched up an extension into the basement room (drilled an extra hole). I notified them of this but they have not made steps to get the aerial guy back or repair the hole. I worry they could later claim I am responsible since I requested additional points and paid the difference.

 

the workmen didnt finish sealing the kithchen, there is a gap between the bathroom floor and the skirting boards, the seal around the bath hasnt been finished, one of the shower heads is broken and sprays water everywhere if we try to use it. these concern me because sealing should be done to prevent water getting where it shouldnt. ive been advised not to do anything of the work myself because the LA could later say I didnt have permission or it wasnt done correctly (and contributed to whatever could happen). At the moment I have tape around the bath, not very pretty.

 

5 - they said the blinds would be fitted on a certain date prior to us moving in and indeed they were - at least the blinds on all the other windows were. it wasnt until we moved in that we noticed the attic windows were still bare. i presumed they would be done the week after so when they werent i chased it up and was told the landlord 'has changed his mind due to the expense'. convenient eh?

 

I've emailed the LA again asking for an appointment to get everything sorted. I am wondering if the LA has been fobbing us off knowing that anything said verbally is not evidential. If I dont here anything else I'm thinking I should go direct to the LL just in case the LA has not being completely honest with him about the outstanding issues.

[MrShed]

If 5 specifically said that blinds were to be fitted to all windows throughout the house, then you are entitled to have that work carried out.

 

With regards the other issues, has your deposit been held in a TDS? I think you may be worrying unduly early about these - you do not yet have a basis to assume you will get blamed for these, and should it end up going to dispute, it is unlikely you will lose anyway. I would suggest taking photos of these now however. Other than that, it seems you have done most that you can...

[barella]

yes its held in a TDS

 

I think you may be worrying unduly early about these - you do not yet have a basis to assume you will get blamed for these, and should it end up going to dispute, it is unlikely you will lose anyway

 

If i had got everything in order with my previous landlord i might not be going through the stress of a disupute with him now im about to take him to court for withholding my deposit for things I did not do.

 

I just checked the emails and it they all just refer to "blinds being fitted" they dont specifically say "throughout the house". The LA owner said the blinds would be fitted in the attic to me verbally. Guess I'll have to let that one go...maybe.

 

thanks for all the comments