Flat from Hell

[Sophie2011]

Hi Everyone,

 

I really hope someone can help me as i am at my wits end.

I am renting a 2 bedroom, 2 bath unfurnished apartment for £585 per calendar month. I viewed this property in June 2010 and I signed for the keys at the start of July 2010 and since then I have had no ends of problems as a result of the letting agency.

When I asked to view the property a 2nd time prior to my annual holiday I was told they lost the keys (which they said must have been a mix up when the cleaners where in).

 

As per my agreement with my then present landlord I had to vacate the property 3 days after returning from my holiday. During my 2nd viewing of the flat, the day before I was due to sign for the keys, it was obvious that this apartment was by no means clean, let alone professionally cleaned nor were any of the repairs carried out as agreed prior to my moving in even though this property was empty for over a month.

 

Upon moving in, I realised that the shower in the on-suite bathroom was not working, nor was the intercom, the window handle in the main bedroom fell off plus countless of other repairs like the balcony door handle and toilet roll holders hanging off etc. I spend over £80 in hiring a carpet cleaner and cleaning products in attempt to get rid of all the stains on the bedroom carpets not to mention the time I spent scrubbing the apartment clean of its previous tenants who had lived in this property for over 7 years. Through continuous chasing of the agency both via telephone and in person did I receive one incompetent contractor after another to have a look at both the intercom and shower as well as to carry out all of the minor repairs. It took 3 months alone to get the intercom working although the agency repair handbook states that all none urgent repairs are completed within 28 days. When I raised this point with the property manager, their counter argument was that contractors have been out to look at the problems but it is not their fault that the contractors where unable to make the repair.

 

I also experienced a problem with the washing machine not draining mid September which lead to a white goods engineer to be sent from the agency to come out and fix it 4 days later, even though this was classed as an urgent repair in their handbook. This resulted in the flooding of half of the apartment as the contractor failed to fully turn off the water valve when he disconnected the unit. This flood was left unattended for over a week even though the letting agency told me each and every time I spoke to them via phone, e-mail and in person that someone would contact me a.s.a.p. with regards to the drying out process. I finally managed to get the number of the contractor assigned to do this work and contacted him directly. He had no memory of a job order for this property being issued to him from the agency but after my voicing my endless frustration at the smell etc. he agreed to come out the next day.

During his brief visit he merely removed the now rotting carpet in the 2nd bedroom saying there was no need to get the drying equipment in as there were no wooden floor boards under the carpet and by now 9 days later the water would have all dried out. The same contractor returned 3 days later to fit the new carpet and 10 days later the room was repainted.

 

I was still left without a working washing machine for over 1 month during which time I had to take taxis to the local laundrette. As I was also experiencing a problem with the fridge/freezer (fridge freezing everything and all food being spoilt in the freezer) I hassled the agency to replace both these units. Although I voiced my concerns at having the same white goods engineer who previously flooded the apartment and failed to return to complete the job for over 3 weeks, with neither myself nor the agency (apparently) being able to contact him, the agency insisted this was their only white goods engineer on their books and if I was unhappy with this registered contractor coming out to do the repair then I should find my own contractor and they would cover the cost as long as it was was not more expensive than their white goods engineer. As the agency white goods engineer removed the washing machine pump I was left with no other choice but to let the same buffoon back into the flat, luckily on this occasion he was able to only make a mess of my kitchen without causing more damage to the property.

 

As the landlord of this property was unhappy to replace the fridge freezer using the quote given to him by the agency’s contractors he asked for my contact details to speak to me directly with regards to the dimensions etc in order for him to order this item himself via the web.

Upon speaking to the landlord via phone the landlord was surprised to hear of all of the problems I have been experiencing and on comparing notes the agency had charged the landlord for countless jobs including the fitting of a brand new power shower etc which was never fitted nor was the on-suite shower even working. The landlord assured me he would get all of this sorted and upon his visit 3 weeks later the landlord cancelled the management agreement for this property with the letting agency and I then had to chase them to get my full deposit returned to me which I forwarded on the landlord and I have been paying the landlord directly ever since December 2010.

 

Due to all the damp rising up the walls, coming through the new carpet and showing on the laminate in the hallway (entrance to the first bedroom) the landlord had a property loss adjuster to come and check the flat which has now resulted in a builder from an insurance company to visit the property in order to assess all the work that needs to be done. He told me that I will have to leave the property for the full duration of the work as they will need to rip up the laminate and skirting boards throughout the flat up, place heaters in all effected room to dry out all the water damage, relay the new flooring and re-paint all the affected walls. Though the builder visited the flat on the 6th of January I am still waiting for any work to begin and though the landlord is currently in the UK, he is busy working on a stripping out a property and he is failing to reply to any of my e-mail communication. I have spoken to him a week ago when he said he would come to visit my apartment this week, contact the builders, plumbers for the badly fitted shower in the on-suite bathroom, insurance company and get back to me but I have yet to hear from him.

 

Through all this I have been paying rent in full, on time every month. Is there any way I can get some form of compensation from the letting agency or the landlord by taking them to the small claims court? After all I am paying for a 2 bed 2 bath and it took 6 months for me to get 2 working bathrooms and I have to yet to pack up all my things, move temporarily out of the property I am renting, wait for all the drying out process and building work to be completed before I can move back in, re-clean the apartment and unpack. I know an alternative is to just look for another property but it took me 4 months to find this one and I can not bare the prospect of starting all over again and having to deal with yet another agency and pay more agency fees.

 

I really appreciate any help any one can give me as I really can’t go on like this. Not just constantly having to take time of work to be available for contractors but also the stress of having to deal with all this and not being able to settle in my own home.

 

I really appreciate any help any one can give me as I really can’t go on like this. Not just constantly having to take time of work to be available for contractors but also the stress of having to deal with all this and not being able to settle in my own home.

 

Just to clarify my contract situation as it stands

 

- I do not have a new signed contact with the landlord.

- I do not have a receipt that my landlord now has my deposit.

- I have not been provided with a DPS number from my landlord.

- I do not have a letter stating that my landlord terminated the contract with the letting agency.

 

Thank you :o)

[xoAmyox]

Can you please be more concise, and list the questions you have?

[Sophie2011]

Hi,

Yes of cause i can.

1) As i don't have a contract with the landlord or any documentation (other than my e-mail communication with the letting agency) that he has cancelled his agreement with the letting agency, can he kick me out without any notice?

2) If so what can i do to stop that from happening?

3) What kind of contract do i need to get from the landlord to cover my tenancy and deposit etc?

4) Can i go to the small claims court to seek compensation from the letting agency or the landlord?

5) What are my rights when i have to vacate the property for the building work which is due to take place? – i.e. pay less or no rent etc?

Thank you so much for your help :o)

[Planner]

Hi,

 

Yes of cause i can.

 

1) As i don't have a contract with the landlord or any documentation (other than my e-mail communication with the letting agency) that he has cancelled his agreement with the letting agency, can he kick me out without any notice? Your LL has cancelled his agreement with the letting agents not you. You are entitled to two months notice, which cannot end earlier then the end of your fixed term.

2) If so what can i do to stop that from happening? If someone tries to remove you they are illegally evicting you and your local authority should be instructed so they can commence legal proceedings against your LL.

3) What kind of contract do i need to get from the landlord to cover my tenancy and deposit etc? Your current contract is still perfectly valid. You should ask the LL to provide you details of how your deposit has been protected.

4) Can i go to the small claims court to seek compensation from the letting agency or the landlord? Of course you can, although I think it might be futile.

5) What are my rights when i have to vacate the property for the building work which is due to take place? – i.e. pay less or no rent etc? Your LL should provide you alternative accomodation. If you cant inhabit the property I certainly wouldnt be paying rent for the period I wasnt there.

 

Thank you so much for your help :o)

 

Let us know if you need anything more.