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Unable to physically move into new property due to condition of apartment

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Hi there,

I'm hoping someone may be able to shed some light on this, my wife and I feel like we're being bullied into a very inconvenient situation that we don't know how to deal with.


1. We were due to move in on the 30/8/2010 (bank holiday monday) and we knew about this 2 weeks in advance. All prepared and moving van booked, we got our schedules to work around this.

2. The day before the move (29/8) we get a call from agent at 3pm saying that the house has been left uncleaned, carpets stained and all. And we get an option to move in later. However if we went ahead with it, she verbally said she can get cleaners in on Tuesday (31/8). Since everything has been preplanned and van booked, we had no choice but to go with it.

3. Moved in on the 30/8 and true enough, carpets stained, toilets dirty, floors dirty, etc. So we piled everything into a corner of the living room to allow for cleaning.

4. 31/8 - Cleaners at 9.30 said they will be later, 11.30, postponed till afternoon, then late afternoon called to arrange for next morning, 5am to clean and dry by the time my wife gets back from her night shift job.

5. 1/9 - Wife returns to uncleaned flat again. Now really ****ed off. Called agent and they casually said they'll look into it.


They've now responded saying that the cleaners will be in at 5am tomorrow (2/9).



So we moved in on the 30, and it's the the 3rd day now of our 'tenancy' and we still can't physically settle down. I'm still renting on a day by day basis at my old flat until they can clean up the place??



My question is:

1) Can i claim compensation for the lost of 3 days, or get the agents to change the contract start date to the 2/9 when they actually clean out the place?

2) Inventory says, flat is cleaned prior to tenants moving in, which the agent has acknowledged isn't that case. Does this mean until the the flat is cleaned, legally I can argue that the tenancy hasn't started?



Its been so inconvenient and the agent seems to be unhelpful in helping us settle in fairly. Surely it's as easy as them telling the owner of the property 'look, u screwed up, now u lose 3 days of rent because it's unfair that your tenants have to pay to live in a property not fit for renting'



Can anyone help please. Thanks

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I would have said that your tenabcy has started but that if you are unable to have the enjoyment of the property and you are spending money on your old place + travel expenses + the hassle then the landlord should compensate you for your losses and additional expenses.

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Thanks for the reply papasmurf, any idea is this is a legal thing or am I out of luck in terms of realistically getting compensated for this?

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I believe that it is just contract law. It will all be in the terms of the tenancy. Not enough to rescind the contract but they should put right the problem that you have had at the beginning. I would write them a letter when it is done and ask for your expenses back. Keep receipts and ask for something on top for the hassle.

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