Advice needed on tenant rights/ Prroblems with new lease

[pootas]

So yesterday I signed a Assured Shorthold Tenancy Agreement with a local letting agent for a property. At the point of signing they stated that the Gas Safety Check had been carried out that morning and that everything had passed except the gas fire in the living room, this isn't a major problem for me as the property has Gas Central Heating throughout.

 

On arriving at my new property I noticed the following issues:

 

1. The front door has dropped and there is about a 1/2 inch gap on the one edge of the door meaning cold air is leaking in. When I viewed property letting agent let me in so I didn't notice this.

2. Hot water tap in kitchen is defective meaning I have no hot water to clean in kitchen.

3. Several radiators do not work. I checked for air locks, opened thermostatic valves but again they do not work.

4. The electric shower is leaking internally in the plastic housing, I could clearly see water leaking out and could hear electrical arcing.

 

So bearing in mind I only signed the agreement one day ago what recourse do I have? Can I request cancellation of agreement on the basis the house is not fit for purpose and the electrical shower is unsafe? I have emailed Letting Agents to inform them of these issues but am a little unsure of what rights I have....

 

Any advice would be appreciated....

[pootas]

Can anybody shed any light on this situation for me?

 

The letting agents have had contractors in who have today confirmed the radiators/hot tap is faulty and needs replacing but cannot do it until next week. Also the door is faulty and cannot be fixed until next week...The shower was apparently replaced today....

 

Where do I stand? In my opinion the property is not secure and I have no means of using hot water for cleaning etc....

[raydetinu]

As the problems appear to be being addressed quite quickly, give it a bit more time for these to be resolved.

True agent or LL should have had these done before it was let.

maybe ask for a bit of compensation, especially if no hot water, defctive heating.

make sure you have a copy of the gas inspection certificate and what it says; what is the problem with the fire and has it been made safe!. what are they going to do about it to get going?

[mariner51]

OP did have temp source of hot water for washing etc (kettle or pan on gas stove) and the electric shower has now been replaced, so a bowl/bucket can be filled from it for use elsewhere.

At least LA is using own contractors so hopefully they have given OP a confirmed rectification date for next week.

C/h system may need draining, flushing etc. OP should arrange access for due time/date, to avoid further delays.

This sounds like one of the better LA/MAs, but all their Ts will want repairs completed before Xmas and earlier jobs can overerun.

[pootas]

They have not given me a confirmed rectification date...

 

I have not moved any of my items into the property and have today returned the keys to the letting agents. I have advised them that I want a full refund of all monies paid for the following reasons:

 

1. They failed to adequately inspect property before letting it

2. They mis-represented the property

3. They have delayed my moving into the property due to their errors. I cannot now feasibly move in until January 2013 as I cannot get my furniture delivered

4. The landlord has breached S.11 Landlord & Tenancy Act 1985 by failing to ensure utilities/appliances were fit for use and well maintaned

 

I have also contacted my bank regarding this issue who have agreed to instigate a charge back on the basis of the house was not as described...Hopefully this should urge the letting agents to refund my monies without any further action needed...

[mariner51]

Good Luck with all that. Presumably you had opportunity to view property before signing, if not, why did you sign AST?

[raydetinu]

ditto!

[pootas]

ditto!

 

 

Absolutely I viewed the property...However I don't consider it reasonable or normal practice to have to inspect & test every fitting, appliance or radiator. I mean seriously who does that? The landlord/letting agent advertised the property without mention of these faults...How was I to know!

[raydetinu]

Well you would not buy a car without testing it?

And at this time of year, heating and fires and hot water are a priority.

how long does it take to switch boiler on and check if radiators are working!

[pootas]

Well you would not buy a car without testing it?

And at this time of year, heating and fires and hot water are a priority.

how long does it take to switch boiler on and check if radiators are working!

 

Oh absolutely not, I'd obviously test a car before buying, but to what extent. I mean would you strip engine to check pistons? Or remove gearbox to check synchros?

 

My point is you shouldn't have to test every appliance in a house! There should be a standard that house is at if the letting agents are advertising it, and in my opinion the house falls below that standard. I appreciate that works are ongoing to rectify the issues but it is now too late for me to move in or get furniture delivered.

 

If this situation had occurred in mid April for example then it might not be such an issue, however it has occurred now and through no fault of my own.

[45002]

For refence OP asked same question here http://www.landlordzone.co.uk/forums/showthread.php?51838-Advice-needed-on-tenant-rights

[pootas]

For refence OP asked same question here http://www.landlordzone.co.uk/forums/showthread.php?51838-Advice-needed-on-tenant-rights

 

Yes I did...

[raydetinu]

I did not suggest you strip the boiler down, just swithch it on!

entering into a letting agreement is large financial commitment, so you would take simple steps to check your investment.

Agree things do not always go to plan and am sure you could negotiate something as LL/agent appear to be responsive, instead of throwing your toys out of the pram.

got similar advice from LL zone as well then.

[pootas]

Not a case of throwing toys out of the pram. I think I shall leave it there...