Problems with Landlord and Rental agency

[webmonkie]

Hello

 

I have been in a property for 11 months and I have had serious problems with the flat from over 7 months and I just want to know where I stand on compensation or anything?

 

This is what happened.

 

1. In August last year there was a massive leak problem in the flat next door and this caused our walls to get very damp and from that point onwards serious amounts of mold started to grow. We reported this right away and told it would be sorted out.

 

2. A month later, Haart (the letting agent) came to do thier inspection and the guy was shocked at the state of the walls and took photos and made a full report, saying again it will be fixed.

 

3. Month after month went by with no communication from the landlord or Haart and at that point we gave up and lived with the problem (Naughty I know)

 

4. It is now the last month of our tenency and all hell has broken loose, first of all someone entered our flat and removed the radiators without permisssion or informing us so we have no heating in the front room now.

 

5. The landlord want to come into the flat again and for 2+ days, he wants to rip out the walls etc and do all the work from 8am in the morning till 6 at night which is going to cause great distress to us.

 

6. I made a nice request for compensation and I was told that "this issue will be taken into considration when the checkout and the deposit is returned" WHat the hell does that mean, are they going to try and charge us for the work?

 

Where do I stand, can I request they do the work after I leave and how do I protect my depsoit and/or get compensation for the distress and all the work I have had to put in to get this problem resolved?

 

Regards

 

Webmonkie

[MrShed]

More info needed.

 

Can you explain more regarding the whole "radiators removed" situation?

[webmonkie]

I came home on Monday night and entered my flat. When i walked into the livingroom i noticed that the radiators are disconnected from the pipes at each end and caps have been placed on the pipes. So the radiators are there but they arent working.

 

This was also done without me knowing that someone had entered my flat or was going to which has made us wonder if they have entered before and why wern't we informed?

[MrShed]

Yes but why have they been removed? HAve you spoken to them since?

 

There has to be more to the tale than "radiators gone" is what I'm trying to say.

[webmonkie]

Ok sorry.

 

They are starting the works to remove the walls and the skirting boards to get rid of the damp 7 months later.

 

This all started when I gave my notice to leave, I suspect they have paniced and becuase they want to get the work done just came into my flat and started the work.

 

They have contacted me since saying sorry for entering and have given me notice to say they want to come in while we are still living there and fix the problem we have been living with for 7 months!

 

My point is they have just been crap all the way along and now I want some form of compensation.

[MrShed]

I doubt you are due any compensation for the previous ongoing issue.

 

You should however most certainly pursue it for the invasive correctional works.

[webmonkie]

So the fact they havent repaired the problem for 7 months, ok but that is a large pill to swollow.

 

What about the illegal entry into the flat and the the failure of the landlord/agent to keep up their side of the contract?

[MrShed]

- Disrepair issue should have been pursued (more persistently) at the time.

- Illegal entry to the flat is a breach, but practically a totally unenforceable breach.

- In what way havent they kept up to their side of the contract other than these other two points?

[webmonkie]

I have have constantly communicated with them about the problems for 7 months, Haart and the Landlord are now arguing against themselves on who is to blame for the work not being done.

 

They have left me without any heating in the front room of my flat and they have caused me lost of distress.

 

also on 6 different occasions the have had problems with the heating and hot water and we recently lost our hot water and heating in the maiddle of winter for over 72 hours!

 

Are you saying its ok for landlord to respond like this, are you saying I should just walk away and left them get away with all of this.

 

So how do I stop them doing the works until I leave then?

[MrShed]

I've said nothing of the sort and you know it.

 

I've said you need to pursue for compensation for the invasive works they are currently performing.

 

You said yourself that you ended up accepting and "living with" the damp issue, hence why I believe that aspect to not warrant compensation.

[webmonkie]

Thanks for the help.

 

So whats the best route to take to protect my deposit and to try get some compensation?

 

I do have legal insurance so I can go the whole way if I need to but I would rather solve this peacefully if I can.

[MrShed]

How much rent is still left to pay at this stage?

[webmonkie]

One month which is due next week.

[MrShed]

First and foremost, I would advise the letting agent that you are not content with waiting until the termination of tenancy to discuss compensation, as the issue is affecting you right now.

 

Ask them to come to a decision prior to the next rent due date.

 

If no decision is made, I would be tempted to withhold a portion of, or all of, the rent.

 

I assume the deposit is one months rent?

[webmonkie]

Its 6 weeks and its in the Deposit Protection Scheme.

[webmonkie]

The last 2 emails I got from Haart are not great, this is both of them...

 

1. Sorry but this matter is being attended to and when we deal with the checkout procedure and return nof deposit we will have to bear the aforegoing in mind.

 

and then out of the blue.

 

2. We were going to ask that if you wished you could be released early of your tenancy.

 

[MrShed]

Do you have any interest in being released early?

[webmonkie]

Not really, we havent found a flat yet and that would just add to the confusion in my eyes and its feels (might be wrong) but a easy get out for them maybe?