Mean landlord - nightmare tenancy

[NicoleK]

I need some help, I am writing on behalf of my friend.

 

She moved Italy 3 months ago due to her husband's work relocation, they found a property through an estate agent which they viewed on skype.

 

They liked the property and they paid all the relevant fees by a bank transfer. The property was to be managed by the letting agent.

 

They moved to the UK and they signed the contract for the property the day before their move in date. The contract stated the property was to be fully furnished.

 

The day they moved in they found that the property was empty apart from a fridge freezer and a washing machine and dishwasher neither of which worked. They called the agency immediately and were told that the landlord had arranged a mattress(no bed!) and a sofa to be delivered the following day. The next day a filthy second (or third!) hand sofa was delivered along with a very well used and stained mattress with no springs left. They called the agent and aked for these things to be removed.

 

The agent said this would be done and also that the landlord had ordered a bed base which would be delivered next week. In the meanwhile my friend her husband and son aged 1 slept on the floor for two days after that, they decided to buy all required furniture themselves as the agent had given no indication that this problem would be sorted out.They told the agent they were going to buy the furniture and the agent spoke to the landlord and came back with an offer of £250 to compensate the fact they had to sleep on the floor.

Beside the furniture problem, the bathroom had many issues :

 

1. the shower riser rail was hanging off the wall (fixed 1 1/2 months later)

2. cracked tiles on the floor (fixed 3 months later)

3. 5 cm hole in the bath tub fixed with silicon (fixed 2 months later)

4. a week after arriving at the property they discovered a big leak which was dripping through floor into the kitchen below. (appereantely fixed 1 1/2 months later - not fixed still leaking from the kitchen's ceiling)

 

Downstairs the dishwasher was not working, the oven was not working and the washing machine was not working and they asked to remove the washing machine and replaced it with their own. The landlord replaced the dishwasher and the oven 2 months later.

 

Toilet downstairs flushing button missing and toilet not working (fixed 3 months later).

They asked the agent to have a new glazing in the masterbedroom, as there was condensation in the double glazing, still not fixed.

 

The contract has 6 months break clause so, the earliest they can leave is 1st of january 2015 they gave notice 3 days ago ( the flooring fixing was done because of it as they have a toddler that was at serious danger of swallowing pieces of the grout that had broken free, and the toilet downstairs that was basically fixed to avoid the notice).

 

They always paid the rent on time.

 

The question is ... can they move before the 1st january?

 

They never received an inventory nor a gas safety certification.

Edited October 7, 2014 by citizenB
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[citizenB]

Whilst you are waiting on CAG members to advise, it might be worth speaking to someone at Shelter - they have a specific department that deals with situations such as this.

 

http://england.shelter.org.uk/get_advice/private_renting

 

 

advice helpline on 0808 800 4444 ( calls are free from UK landlines and main mobile networks).

[NicoleK]

I am trying to... but I can't get somebody to speak to! So frustrating!

[citizenB]

I imagine they will be very busy. Have a look at their Private renting section and email them if you cant get through.

[rebel11]

Further info:-

 

Scroll down:-

 

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/common_problems/moving_due_to_disrepair

 

http://www.which.co.uk/consumer-rights/action/how-to-claim-against-your-landlord-for-disrepair

[Good Sister]

Local council might also be worth getting in touch with regarding the disrepairs. They may be interested in the gas safety certificate issue as well.

 

Regarding the inventory, I would suggest making sure your friend has kept hold of all the receipts for the furniture that they purchased.

[citizenB]

If you can also take photographs of the damaged areas, etc.

[mariner51]

We need to know the precise wording of the break clause. I am assuming it requires 2 Notice months prior Notice that expires not before end of 6th month. If that is 31st Dec, then Ts should serve Notice (NTQ) by last day of Oct.

Personally 1 would not wish to vacate on 31st Dec. Maybe the break clause allows operation any time after 6th month provided 2 cal months Notice is served.

Unfortunately the property was not viewed in person before move in date and what was to be provided not confirmed beforehand.

Poss mis-description of property, but there is no set definition of 'fully furnished', only expectations IMO.

 

 

The misted d/g window onlu shows the seal between 2 panes has failed, if both panes are not physically broken, then LL has no duty to repair.

Did at least the ad contain a readable image of valid GSC and EPC, provision of which is a legal requirement before letting?

Why did friend not use a reputable relocation agency if moving from abroad for same employer?

Why dd they not ask a UK friend to view property before signing AST or arrive in UK a day sooner.

After 3 months occupation I doubt the Contract can be voided.

 

 

Sorry to sound harsh. All opinions are my own.

[NicoleK]

Mariner51, you assume well the notice period is 2 months and was given on 4th of October. Which is a difficolt period to find another property. They hopefully will find another one in the meanwhile as they lost the one they wanted because the landlord refused to give references until december. can they do so?

 

How can you say that it was not set the definition "fully furnished"? I did not post the copy of the agreement. They agreed it to be furnished since the application form.

What do you mean with GSC?

They didn't have any friends in the UK before moving. And simply didn't relocate for the same employer.

She has an appointment at the Citizen Advice Bureau on the 15th .. I 'll tell you what they will do next.

[mariner51]

GSC = annual Gas Safety Certificate, EPC = Environment Protection Cert.

LL is under no obligation to provide a ref at all.

What I meant was there is no set contents for 'furnished' defined in Law, other than basic expectations eg cooker, floor coverings, functional bed for no of occupants, table & chairs, window coverings, poss pots, pans cutlery. Prob not bed linen etc.

So what did AST / move in inventory promise? Furniture does not have to be new, just functional. Think student lets.

Friend should take copies of ad, correspondence, AST & move-in inventory if avail, to CAB appt.

It is always difficult finding accom when re-locating to a new Country, most sensible people would come over a few days early and stay in B&B/budget hotel in the area to inspect any offered property before signing a binding AST.

[NicoleK]

They did not expect new furniture. But they expected to be in good condition. They never received an inventory. There was nothing except the kitchen in that house which certainly does not mean furnished. It was they're original intention but the agent offered the option of the skype viewing.. and they thought that it could have saved them money trusting the agency. The agency's name is Carringtons by the way.

[raydetinu]

Agent or LL must provide EPC = Energy performance certificate; reportable to trading standards if not provided ( they look after that )

GSC = gas safety certificate ( must be provided to tenant to ensure gas appliances/boilers are safe ); report to HSE on their website and they will chase. No GSC potentially unsafe and you could die!!

getting repairs done;

http://m.england.shelter.org.uk/__data/assets/pdf_file/0019/23392/ShelterGuide_GettingRepairsDone.pdf

Everything else will be by negotiation with LL and try to get it as you want it or compensation instead.