Jump to content


  • Tweets

  • Posts

    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

New Tenancy - Room Smells!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5218 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I viewed a 4 bedroom house on a warm day, all of the doors and windows were open when I arrived. I told the agent I wanted to go ahead with the tenancy, and all was agreed.

 

3 weeks later I collected the keys to the house. Upon entering the house, there was a musky smell, that I assumed was damp (the house had not been lived in for a while). However, in one of the upstairs bedrooms the stink was really bad - so bad that you couldn't stay in their! I called Service Master out to clean the carpet, and also the landing and stairs, the previous occupiers must have had a dog as the hall carpet stunk of 'dog'. On the landing there are 2 yellow stains that the cleaner could not remove.

 

In spite of this cleaning, after 3 weeks the smell in that bedroom is still just as bad. The hall is okay, unless you put your nose to the carpet, when you will be able to smell the dog.

 

The agent has sent 2 people from the estate agents out, they have both said that the room has a very strong smell. I have to keep the door shut and it's very embarrasing if I show anyone around.

 

The agents line is now becoming clear - they say that the landlord is probably unwilling to rectify this, saying that the "landlord had the whole house professionally cleaned prior to my moving in" (if he did he was totally ripped off) and he is accepting a lesser rent that he wanted (I did not negotiate this, I accepted the rent as it was offered).

 

I'm only 1 month into my 12 month tenency, any advice on how to respond?

 

Thank you

Lapchien

Edited by Lapchien66

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

I would personally look at getting Environmental Health out (contact your council) who will be able to look into the smell for you.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites

blitz is right here

 

Plus, I'd let the Agent / Landlord know what you are intending to do and would be inviting both the Agent and Landlord to attend at the same time and see then if they can then deny the smell in front of others.

 

We have a dog, clean his bedding regularly, our house doesn't smell. Honest. For the room to have got that bad beggars belief.

 

Also, you've rented a 4 bedroom house and have ended up with a 3 bedroom house. Mention this too.

 

In addition, at the very least, seek the Agent's / Landlord's approval (in writing and in advance) to take up the carpets and underlay and have it all disposed of properly at the local tip. Document all of this in writing, including taking photo's where appropriate.

 

A new carpet and underlay can be bought relatively cheaply and, after all, you just want a carpeted room that doesn't stink. Not unreasonable.

 

Be prepared, however, to have notice served on you at the end of the term. :( Sorry, but reading other posts here, you'll see that some landlords will, later, respond in this way too.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

  • 2 weeks later...

I invited the agent and landlord to a meeting to discuss (and smell!) this issue, the landlord declined and said that he feels he has behaved reasonably by having the carpet cleaned prior to the tenancy.

 

I did read on one of the forums that bicarbonate of soda can remove doggie smells, I tried it and it worked - until the following day, when I went back in to the room and the stink has returned. Added to this the smell has gone into some of my clothes and bedding I have stored in a wardrobe in that room.

 

Not sure where to go next - I'm thinking of court action to:

 

  • lower the monthly rent to reflect a 3 bed house rather than the 4 bed I am paying for
  • cost of laundering the clothes and bedding

Any thoughts on this?

 

Thanks

Lapchien

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

You really do not want to commence legal proceedings against a landlord when you have a tenancy for another year. These things have a habit of getting all personal and bitter.

 

Try speaking to the landlord direct and say that you do not want to, but are considering leaving if nothing is done in the next few weeks. Depending on how he feels about losing you as a tenant and the difficulty in pursing you for the balance will dictate how helpful he is.

If I have been helpful please click on my star and add a comment.

Link to post
Share on other sites

I read somewhere that I have a legal right to know the address of the landlord, the house is rented through a letting agency. Is that right? I've no problem with moving out sooner, I just need it sorted... The landlord has already told the agent that he wants 'them to deal with the matter as his agent'.

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

the landlord declined and said that he feels he has behaved reasonably by having the carpet cleaned prior to the tenancy.

 

GuidoT is right, try to avoid Court action, especially so soon in to the new tenancy and over a matter such as this.

 

Problem that arises though is that this has happened so soon for you in to the tenancy.

 

If the landlord was really being reasonable and is relatively local to the property he should inspect either to a) disprove what you say or b) be able to decide what he needs to do next. He seems to have missed out on this, or is hoping the problem will go away. From what you say clearly the problem won't go away.

 

The smell is in the carpet, so at the very least you need to get approval to lift it, before the whole room reeks. From what you say it seems pretty well advanced already.

 

If you go the Agent is going to have to re-let and the next people living there are very likely to raise the same complaint, which is more aggravation for all.

 

Before you do anything more though and before can comment further what did the Agent say?

 

Did the Agent even attend?

 

 

 

PS Should have known it would happen. Our dog was, er, "ill" in the utility room the night before last. So far I have gone through a pack of flash wipes, febreze, a bottle of shake n'vac, and am currently using 1001 no vac carpet freshener.

 

The room is still not quite "right", even if the poor ol'mutt fortunately is now :rolleyes:

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

I read somewhere that I have a legal right to know the address of the landlord, the house is rented through a letting agency. Is that right? I've no problem with moving out sooner, I just need it sorted... The landlord has already told the agent that he wants 'them to deal with the matter as his agent'.

 

You do, but most Agent's will, in the first instance, try to circumvent this by saying notices can be served on the NAME OF LANDLORD c/o the AGENT at the AGENT ADDRESS.

 

As I recall it you can write formally to Agent requesting the name and address and they are obliged to write to you within x number of days with the information. No-one ever did that to me, but I'll see if I can remember (ie google) which part of the Housing Act it is. It's an early clause, as I remember it.

 

As "The landlord has already told the agent that he wants 'them to deal with the matter as his agent'." then what did the Agent say when/if they inspected?

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

The main responses, by email from the agents over this, are:

 

We still haven’t heard back from the landlord regarding this issue. did report her findings to him. I emailed him yesterday and have tried calling today and yesterday but his phone is off. He may be away. I will let you know his response when I hear back but from previous conversations I can’t see that he will be willing to do anything further with this as he feels he had the whole house professionally cleaned out of good will before the tenancy was taken on.

 

And an email from the agents just yesterday:

 

I have managed to speak with the landlord today. Unfortunately he has declined the offer of a meeting as he would rather we as his managing agents deal with the issues on his behalf.

 

As discussed the landlord is not prepared to do anything further with the carpets as they were professionally cleaned prior to the commencement of the tenancy.

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

As "The landlord has already told the agent that he wants 'them to deal with the matter as his agent'." then what did the Agent say when/if they inspected?

 

The rep from the agency told me that there was an overpowering smell in the whole property when she did the inventory. By the time she came to inspect I had already had the carpets cleaned, and just the 1 bedroom was left stinking. She agreed that there was a strong smell, making the room unusable, and that they would leave it for a week to see if it went away.

 

This inspection was carried out on 20th November, and I only have my written notes from the meeting - nothing signed or formally stated at that meeting.

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

Will come back to you as soon as can on the Agent's reply.

 

I think, however, that it's going to initially be a case of getting them (on their Client's behalf) to at least agree that there is a problem and get the carpet up.

 

Do you have timber floors beneath? Or something else?

 

In the meantime it's Section 1 of the Landlord & Tenant Act 1985; tenants of dwellings in England & Wales, who make a written request to an Agent, have a right to the landlord's name and address.

 

The information must be supplied within 21 days. The legislation refers only to the landlord's name and address.

 

I would work on the Agent though; if they agree it stinks then it's irrelevant, to a degree, if it was professionally cleaned beforehand. Whatever was done didn't work.

 

Equally, if the Agent dealt with the previous tenancy (did they?) they may feel "uncomfortable" pursuing this as the landlord (reasonably!) may well ask them why they didn't tackle the previous tenant / previous tenant's deposit about this!

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

 

Do you have timber floors beneath? Or something else?

 

 

There's floorboards, probably in quite a state - the room is the main bedroom, and it's on the first floor. The carpet is of quite good quality, with 'proper' underlay. If they were to replace it I would want them to do so with another of equal standard.

 

Equally, if the Agent dealt with the previous tenancy (did they?) they may feel "uncomfortable" pursuing this as the landlord (reasonably!) may well ask them why they didn't tackle the previous tenant / previous tenant's deposit about this!

 

The house was for sale for quite some time before I rented it - the landlord is a first time landlord and is only renting it because he could not sell it.

Edited by Lapchien66

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

Let me give it some thought, if that's OK.

 

For now, hope it's OK to suggest the following:

 

- I have had cause to contact Environmental Health over the years to help deal with pet smells in managed buildings. They can be helpful in confirming that there is (of course!) a problem.

 

- Arguably, though, you need to keep the Agent on side, for now. If you go down the EH route, and I would be, I'd also be letting the Agent know, in advance, so that there are no surprises ie minimise grief for all.

 

- I'd only do so, however, after having "set it up" (and them and their Client) in writing first. And I mean "set up" in both senses :) A simple exchange of emails should be sufficient, of course.

 

- It occurs to me that you've already spent money on having Service Master clean the carpets too, which has only been partially successful. I think, if handled carefully, you may be able to recover some or all of that cost. No guarantees, of course, as I take it you did so without prior consent. I mean more to seek to recover costs, more as a lever to get what you need here. How much did you spend on Stair Master?

 

Have packed lunches to make now, so will check back in later.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

 

- It occurs to me that you've already spent money on having Service Master clean the carpets too, which has only been partially successful. I think, if handled carefully, you may be able to recover some or all of that cost. No guarantees, of course, as I take it you did so without prior consent. I mean more to seek to recover costs, more as a lever to get what you need here. How much did you spend on Service Master?

 

 

It was £125. The guy did say that he found it impossible to remove the smell from the room. Likewise he was unable to remove the 2 yellow stains from the landing (these were not noted on the inventory, only 'normal traffic').

 

I sleep in the loft conversion above the room. I've had to swat or spray a few dozen flies over the last 2 weeks, perhaps these are coming from that room below me? It's seems odd to have so many flies in December.

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

Did you let the Agent know in advance that you were going to clean the carpets? If so, what was their response, if any?

 

Can you ventilate the smelly room at all? I know it's cold(ish) at the moment, but I tend to leave the windows open for a short while each day just to give the house a "blast through". Could you do the same, just as a temporary measure? It's not going to remove the problem though, of course.

 

Flies? Oh dear. I'm not a lawyer, I'm certainly not a bluebottle expert. Are the flies in any particular room?

 

There's nothing dead in one of the corners of the house is there? I'm only half joking. You say the house was empty for awhile, there could be a dead something somewhere. Sorry for sharing that with you at this hour, but worth a nosy about, perhaps, just to be sure.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

Did you let the Agent know in advance that you were going to clean the carpets? If so, what was their response, if any?

I picked up the keys on a Friday afternoon, I couldn't even stay in the house until a few days later because of the smell. I had no time to let the agents know; I had the cleaners out on Saturday morning.

There's nothing dead in one of the corners of the house is there? I'm only half joking. You say the house was empty for awhile, there could be a dead something somewhere. Sorry for sharing that with you at this hour, but worth a nosy about, perhaps, just to be sure.

I've already thought about this, and also told the agents about it - no response from them.

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

Three things, perhaps, that now need to happen

 

- email to Agent setting this all out, including

- a line to the effect that, in despair of your situation, you will be contacting EH and would they like to attend when EH inspect?

- and, before all of that, some extra info from you for the time being, if that's OK

 

First, then, does your AST have a break clause in your favour?

 

Also, what's your monthly rent, what deposit did you pay, and is the deposit protected? The AST should make reference to the same.

 

Do not let on to the Agent about this latter point, not for the moment.

 

(EDIT: What was the date your tenancy commenced? Can you post an edited copy here too, which removes all reference to names/addresses etc?)

Edited by NewSAHD
Extra line at end marked EDIT etc

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

 

First, though, does your AST have a break clause in your favour?

 

Also, what's your monthly rent, what deposit did you pay, and is the deposit protected? The AST should make reference to the same.

 

 

Not sure on the BC, will check it and let you know. I don't recall reading it though.

 

Monthly 795, deposit held with third party company, 895.

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

ps - if you want to post your draft email for the Agent here first then more than happy to have a look through if you want, as will others, I'm sure.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

Link to post
Share on other sites

I contacted the EH at the local council this afternoon, the 'as useless as a chocolate teapot' lady said that they could not do anything and it was down to the LL.

 

The house I've rented was u/f, moved here from the city centre where I had a f/f self contained apartment, and very nice it was. I've spent £5k furnishing the house.

 

All in all I'm not pleased. The LL seems v. unwilling to want to do anything, every time I contact the agents they say 'they have emailed the LL...' and I have to constantly (twice a day) ping the agents for a response.

Eyes opened and back in control of my life thanks to this site x

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...