Topic: Landlord / Tenancy Advice needed please

[l2k83]

Sorry if there's a similar thread.

Long story short, we live in a ground floor apartment and over the past week or so we've noticed some damp patches in kitchen walls (about waist height) and also the ceiling.

The fella upstairs reckons he doesnt have a leak, and we've had new neighbours move in next door, who coincidentally  had their plumbers in last week while they're doing up the place. Our estate agents are useless and it's been pretty much left to us to find out who's a fault, the neighbour reckons his pipes come nowhere near our apartment and it look like it's been there a while and seems to be coming from upstairs. Obviously both next door and upstairs are going to deny it's coming from them.

In any case, even it's just a leak from our apartment and neither neighbour are to blame, we've just been left to sort it out and its getting much worse.

So looking for some advice - who is responsible for the payment of the repairs if the damage does infact come from us - is it us or the landlord? We reported it to the estate agency as soon as we noticed and have email logs where we've sent pictures.

Cheers!

[CraigDS]

Do the Estate Agents manage it for the Landlord? I'd be trying to contact the Landlord directly if they do and are being useless.

With regards to the damp, is it on an outside wall?

[l2k83]

Thanks Craig.

We don't have the landlords contact info otherwise I'd have been straight onto him,

The damp is on inside walls and ceiling, only appeared over the past week or so but steadily getting worse

[CraigDS]

We don't have the landlords contact info otherwise I'd have been straight onto him,

You checked if there is anything on the tenancy agreement? Sometimes it can be on there.

The damp is on inside walls and ceiling, only appeared over the past week or so but steadily getting worse

Is the wall the damp is on the inside of facing the outside of the house though? Or is it on a wall which is between one room and another?

[gazzam1963]

It may  possibly be a blocked gutter on the top floor flat , but it's your landlords responsibility or his agent to investigate it , first off even if it's your flat then the landlord will want to solve the problem before it gets worse , if it's the other flats then it needs investigating . I own  out a ground floor flat which i rent out and something like this will be covered by the insurance which is highly likely paid for in a service charge or through the owner of the lease .

[AndyInVA]

I dont know how easy it is to do in UK, but can you access Land Registry online to see who owns your house.

Basically its the landlords responsibility to figure it out and should not be down to you to work it out.

Sounds shitty but basically bugging the living crap out of the management agents whose job it really is to solve this problem is probably the only way forward.

I would see about emailing them daily for a week, then sending copies of all the emails once you have the building owners address.

As a landlord myself, this is the kind of shit the landlord really needs to know and should not be fobbed off by the mgt company

[VamosLiverpool]

I recently moved into a new flat in London (renting) and its safe to say I've been done like a kipper. Basically split up with the missus so I had to get somewhere to live and took the first flaw I saw. At the time of the viewing the room was decorated so none of the below were obvious.

I rocked up to the flat on Saturday to find that the double room advertised was in fact two single beds that have been pushed together with one mattress sitting 2-3 inches higher than the other single bed.
- There is no door lock on the bedroom door, since the viewing it has been removed with no new lock to secure my property
- Radiator dial has broken off so it can't be turned off so I have a massive radiator on full blast
- The bedroom windows have broken handles so only one window can open.
- That same bedroom window does not close tight so a burglar can push it open.
- Little things like the curtains, there is one short so I have loads of light coming through
- Wardrobe draws do not close, they slide open plus the handle is broken (draw was closed during viewing)

I've kicked off with the agency as that is totally unacceptable that a room can be let out in that state and I am equally annoyed that I was told it was a double room. I've been missold a product as I would never have taken it if I knew it was two single beds. Two single beds isn't a double! Maintenance are supposedly coming out tomorrow to have a look at the lock but I can't see them fixing everything.

As this agreement is quite recent, do I have any grounds to effectively tear up the contract? I want to move out and I would be willing to lose the agency fee and a week's rent but I would want my deposit and remaining rent balance returned.

Is this possible?

[CraigDS]

How new is it? What does the agreement say about cancelling it?

[VamosLiverpool]

How new is it? What does the agreement say about cancelling it?

Signed the contract Friday just gone. In terms of cancelling it says:

Licence will expire when:
a) by the licensee providing 4 weeks written notice before the fixed term expiry date (6 month contract)
b) by the landlord providing 4 weeks written notice to the licensee
c) by the landlord if the license fee is not paid on the day when it becomes due
d) by the landlord if the licensee is in breach of any of terms of this agreement

[Graeme]

If you can't lock the door then contact your local council and ask for a HHSRS assessment. Windows and doors that can't be locked/unlocked are a hazard and following that assessment they can take enforcement action on the landlord if the issues aren't resolved.

[MrGrumpy]

Was an inventory check done?

Having been both landlord and tennant, I recommend one to protect both sides.

[VamosLiverpool]

Was an inventory check done?

Having been both landlord and tennant, I recommend one to protect both sides.

Supposedly there is an inventory check that should be completed when leaving. I've completed mine with all the issues highlighted.

Do you know if it is possible for me to find someone to 'take over' my contract with the landlord being made aware of this?

[VamosLiverpool]

Was an inventory check done?

Having been both landlord and tennant, I recommend one to protect both sides.

Sorry didnt mention that I did not do an inventory check with the agency when handing over the keys.

[Jake]

There are two main areas of law where there is a cooling off period. The first is consumer credit contracts, where you are borrowing a lot of money, or are paying for something on credit. This does not apply to rented property.

The second is the distance selling regulations. This can apply to rented property, but only if you are signing up by post or over the internet. This will be the case in some circumstances – for example quite a lot of student accommodation is booked over the internet.

However most rented property is only let after the tenant has met the landlord or agent and has visited the property1.

This means that as soon as you sign that tenancy agreement you are bound by it. You are under a legal obligation to pay rent, on a monthly (or weekly) basis, for the term of the tenancy agreement. Whether you are living in the property or not.

Sign up online??

or
http://estateagentnetworking.co.uk/2014/07/07/the-cooling-off-period-regulations-explained/

[l2k83]

We're in an Assured Shorthold Tenancy Agreement which is due to end at the end of Feb 17. Our landlord told us they're putting the house on the market 3 weeks ago, and have it on Rightmove and a for sale sign out the front.

We've since found a new place to live so want to end our tenancy agreement early, I know they're going to be funny about agreeing to end it early and there is no break clause. So I think I can have them for breach of contract if it comes to it but could do with some advice first if anybody can help!

We were on holiday in September and agreed that they could come in and do some repairs while we were away, we came back early to find them with an estate agent in our house taking pictures because they were changing letting agents - can they allow somebody into our home for this reason without our permission?

Our tenancy agreement also says they can put a for sale sign up in the final 2 months of our contract, can I make them take it down until that point?

The agreement also says that we'll allow viewings during the last 2 months, again does that mean I can refuse to let anybody in until then?

Any advice appreciated!

[Elmo!]

We're in an Assured Shorthold Tenancy Agreement which is due to end at the end of Feb 17. Our landlord told us they're putting the house on the market 3 weeks ago, and have it on Rightmove and a for sale sign out the front.

We've since found a new place to live so want to end our tenancy agreement early, I know they're going to be funny about agreeing to end it early and there is no break clause. So I think I can have them for breach of contract if it comes to it but could do with some advice first if anybody can help!

We were on holiday in September and agreed that they could come in and do some repairs while we were away, we came back early to find them with an estate agent in our house taking pictures because they were changing letting agents - can they allow somebody into our home for this reason without our permission?

Our tenancy agreement also says they can put a for sale sign up in the final 2 months of our contract, can I make them take it down until that point?

The agreement also says that we'll allow viewings during the last 2 months, again does that mean I can refuse to let anybody in until then?

Any advice appreciated!

You may find they are quite keen to have you move out early as it will make it easier to sell the property.

[Elzar]

Sorry to bump an old thread, it was the most relevant one that came up.

Just moved into a new place, no inventory, the stand alone freezer has fused and broken. The landlord is saying due to it being part furnished and the freezer being stand alone, they aren't obliged to replace.

There is no other freezer function in the flat. Any ideas if we have a chance?

[CrasherKid79]

Sorry to bump an old thread, it was the most relevant one that came up.

Just moved into a new place, no inventory, the stand alone freezer has fused and broken. The landlord is saying due to it being part furnished and the freezer being stand alone, they aren't obliged to replace.

There is no other freezer function in the flat. Any ideas if we have a chance?

Wow, sound like wankers.

My freezer had a gas leek about 2 weeks ago and theyve replaced it.

Didn't even ask me about the insurance cover I have.

Appartment, part furnished like yourself.

They did provide an inventory before I signed the lease though, so I think that's the factor you have to investigate.

Have a look on Gov.uk or rightmove.co.uk.

There's detailed guides on there of both your rights as a tennant but also what the landlord must do.

Could be that providing you an inventory is a legal requirement.

[End Product]

Sorry to bump an old thread, it was the most relevant one that came up.

Just moved into a new place, no inventory, the stand alone freezer has fused and broken. The landlord is saying due to it being part furnished and the freezer being stand alone, they aren't obliged to replace.

There is no other freezer function in the flat. Any ideas if we have a chance?

If it's furnished with goods landlords will charge a higher rent.
Unless stipulated in the agreement it is the landlords responsibility to maintain the freezer.

The landlord is being unfair in this circumstance. Anything they leave in the property must be repaired or replaced.

[Craig S]

Sorry to bump an old thread, it was the most relevant one that came up.

Just moved into a new place, no inventory, the stand alone freezer has fused and broken. The landlord is saying due to it being part furnished and the freezer being stand alone, they aren't obliged to replace.

There is no other freezer function in the flat. Any ideas if we have a chance?

I am not a professional landlord, but I did let out my flat when I had to move away. I let it unfurnished apart from a washing machine. I was advised by the letting agency if I left the washer in place then it is my responsibility as a landlord to maintain it and replace it if needed. If I removed the washer then that was OK, and I could forget about it. I decided to leave it, as it was new and maintain it for the tenant.

If it was there when you looked round and moved in,you have signed for that equipment. You need to get an inventory though, or do you have photos from the letting site? try and find them with it in view.

EDIT: As a tenant I once left a sofa, by the landlord had to check if the next tenant wanted it and they had to agree it was their responsibility to remove in future. Otherwise I had to take it. just in case they try and blame a previous tenant.

Try and get the landlord to admit it was there when you moved in, maybe record a call from your end.

[Elzar]

I am not a professional landlord, but I did let out my flat when I had to move away. I let it unfurnished apart from a washing machine. I was advised by the letting agency if I left the washer in place then it is my responsibility as a landlord to maintain it and replace it if needed. If I removed the washer then that was OK, and I could forget about it. I decided to leave it, as it was new and maintain it for the tenant.

If it was there when you looked round and moved in,you have signed for that equipment. You need to get an inventory though, or do you have photos from the letting site? try and find them with it in view.

EDIT: As a tenant I once left a sofa, by the landlord had to check if the next tenant wanted it and they had to agree it was their responsibility to remove in future. Otherwise I had to take it. just in case they try and blame a previous tenant.

Try and get the landlord to admit it was there when you moved in, maybe record a call from your end.

There was actually no inventory when we moved in. The flat had loads of junk obviously left from previous tenants in it, and we just binned it all (despite the landlord saying they want to keep everything in there) and just stored some of the basic things a furnished flat may come with. The agency in charge at that point told us it was full furnished, and is now saying the landlord is saying the freezer was left with good intentions from previous tenants and it is part furnished, so not their responsibility.

We have managed to get our own fridge/freezer in anyway, but are going to make a proper complaint about how shite they have handled us since we moved in anyway.

Am I right in thinking the lack of inventory is their downfall when it comes to deposit etc at the end of the contract? We took pictures of everything when we moved in.

[Elzar]

Wow, sound like wankers.

My freezer had a gas leek about 2 weeks ago and theyve replaced it.

Utter prick mate, obviously not been to the flat in ages, and the agency seems shite too. I laughed at them when they said it wasn't going to be replaced.

[CrasherKid79]

Utter prick mate, obviously not been to the flat in ages, and the agency seems shite too. I laughed at them when they said it wasn't going to be replaced.

It really is luck of the draw pal, both in terms of landlords and neighbours from hell.

You can move into a lovely place, looks wise to realise in time, above you is a crack den or brothel.

[Jake]

Landlord being prick, Letting Agents being utter subhuman scum. The usual.

Hope you get it sorted mate. Can't wait for the Letting Agent fees to get scrapped and half the twats go out of business.

[Elmo!]

Am I right in thinking the lack of inventory is their downfall when it comes to deposit etc at the end of the contract? We took pictures of everything when we moved in.

Pretty sure that is the case in Scotland anyway but we do generally have much better protections for tenants here than in the rest of the UK.

[Elzar]

Now my old letting agents are trying to have 80 of deposit for "cleaning" and wear and tear and also to get a new fuck mattress.

Can't wait until I don't have to rent any longer. c*nts the lot of them.

[Titi Camara]

Now my old letting agents are trying to have 80 of deposit for "cleaning" and wear and tear and also to get a new fuck mattress.

Can't wait until I don't have to rent any longer. c*nts the lot of them.

That's fucked buddy. They can't take money off you for general wear and tear! Check this...

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_deductions_your_landlord_can_make

"Examples of normal wear and tear are:
■worn carpets
■minor scrapes and scuffs on the walls
■faded curtains

If your landlord does need to replace what you've damaged, they should do so on a like-for-like basis. For example if you damage a cheap mattress, you don't have to pay for a better quality new one."

[Titi Camara]

https://audioboom.com/posts/5865565-ep-42-ding-dong-landlord-here

Off the scale funny!

[Elzar]

That's fucked buddy. They can't take money off you for general wear and tear! Check this...

https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_deductions_your_landlord_can_make

"Examples of normal wear and tear are:
■worn carpets
■minor scrapes and scuffs on the walls
■faded curtains

If your landlord does need to replace what you've damaged, they should do so on a like-for-like basis. For example if you damage a cheap mattress, you don't have to pay for a better quality new one."

I know mate, we are putting in our case now. Just fucking hassle with the bellends.

[Jake]

Can't wait until the new legislation comes in and Letting Agent fees are banned, see all the cockroaches queuing up for gruel.

[Rysoph76]

https://audioboom.com/posts/5865565-ep-42-ding-dong-landlord-here

Off the scale funny!

I love that episode, listened to it a few weeks back 

[Rysoph76]

Now my old letting agents are trying to have 80 of deposit for "cleaning" and wear and tear and also to get a new fuck mattress.

Can't wait until I don't have to rent any longer. c*nts the lot of them.

When I left my last place, they tried to charge me £100 for cleaning so I called them and asked what needed cleaning and they said the oven. I asked them when the cleaner was going and they told me in 3 days so I said 'so as long as I get the oven cleaned before then, there is no need to charge me is there'

Agreed with them that the decorator who was there would let me in the next day and I went and cleaned it myself and they never charged me

[Elzar]

When I left my last place, they tried to charge me £100 for cleaning so I called them and asked what needed cleaning and they said the oven. I asked them when the cleaner was going and they told me in 3 days so I said 'so as long as I get the oven cleaned before then, there is no need to charge me is there'

Agreed with them that the decorator who was there would let me in the next day and I went and cleaned it myself and they never charged me

We already cleaned the oven with some proper strong oven cleaner stuff, and they are still trying to charge us for cleaning it themselves. They are just being twats

[Rysoph76]

We already cleaned the oven with some proper strong oven cleaner stuff, and they are still trying to charge us for cleaning it themselves. They are just being twats

Yeah they sound like twats. My sister is a property manager for an estate agent and she says most of their landlords now insist that tenants pay for flats to be 'professionally cleaned' before they move out. Funny because I moved into somewhere that had been professionally cleaned and all they had cleaned was everything that you could see and all under the sofas, kitchen fittings etc there was shit everywhere

[stewil007]

Yeah they sound like twats. My sister is a property manager for an estate agent and she says most of their tenants now insist that tenants pay for flats to be 'professionally cleaned' before they move out. Funny because I moved into somewhere that had been professionally cleaned and all they had cleaned was everything that you could see and all under the sofas, kitchen fittings etc there was shit everywhere

its just easy money for them to take and hope people don't complain, like insurance companies who hope you renew without questioning the renewal quote.

I think a lot of people don't expect to get their full deposit back so just accept a £100 lost here or there.

[Titi Camara]

Just as a voice of balance, I left the last place I rented approximately 3.5 years ago after about 3 years in the property iirc. We had a tiny bit of niggle over some mildew on some tiles and making sure the oven had had a proper scrub but besides that it was a super smooth process.

My deposit had been held in bond and it was released to me in it's entirety practically on the day I moved out.

Appreciate that doesn't help anyone, just saying not every landlord is a twat.

[Jake]

Appreciate that doesn't help anyone, just saying not every landlord is a twat.

Landlord's and mods are one and the same. All evil

[Oddball]

Sorry to bump an old thread, it was the most relevant one that came up.

Just moved into a new place, no inventory, the stand alone freezer has fused and broken. The landlord is saying due to it being part furnished and the freezer being stand alone, they aren't obliged to replace.

There is no other freezer function in the flat. Any ideas if we have a chance?

Dont know if this helps any but my landlady rent out her places as unfurnished, even though there is a cooker in each property. With it being classed as unfurnished, should the cooker go knackered its up to the tennant to get it fixed/replaced. So with that said Id assume with a part furnished flat any furnishings are the landlords responsibility.

Hope you get it sorted fella.

[Elzar]

They are refusing to take off the Mattress fee. Not paying 100quid so they can get a new mattress. Fucking scammers.

[Hij]

We got absolutely fucked over with our University flat, especially considering it was a shithole when we moved in.