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With Holding Rent


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#1 jamaldupree

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Posted 25 February 2013 - 02:29 PM

Parking

Basically I was let a property advertised with a garage and on my two visits prior to signing the tenancy wasn’t permitted to check my car would fit in the garage but was assured “it was massive” and “definitely would fit”. It didn’t and local day parking is not an option due to yellow lines.

I have slowly had all other options revoked which including parking in a business centre the landlord owns and in front of the property itself which we were told unofficially could be used.

I have had nowhere to park for some time and have now had a renewal of tenancy denied because of perceived parking offences although I have been the victim throughout.

Electrocution and danger to my child

The building is a new build and one would expect certain building regulations have to be passed on a new build and on a purposed tenanted property.

I was electrocuted plugging in a normally safe HDMI cable because all the sockets in the flat were phase reverse, something that surely cannot of passed said inspection.

Summary

I feel I have paid for a product for 16 months that I have not received in its entirety and basically because a parking space that was given to me and then revoked and sold as a commodity for profit feel I deserve compensating because the property was not worth the advertised price.

I am currently looking to buy and will have to move my six year old daughter twice in a very short period and this after a messy breakup of her parents is far from ideal.

I have two months left in the flat and my intention is to withhold rent on this premise and fight for my deposit back from the tenancy scheme.

Your view on the consequences of doing this would be a massive help

#2 pyracantha

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Posted 25 February 2013 - 02:51 PM

Basically I was let a property advertised with a garage and on my two visits prior to signing the tenancy wasn’t permitted to check my car would fit in the garage

snip


That should have been your first warning. Massive is not a size. In any doubt, ask for dimensions, in writing.

How did you get a shock off an HDMI cable? What were you doing? They don't go into power sockets! When did this happen and what did you do about it at the time? Was it fixed quickly after you reported it?

If it's that bad why did you stay for 16 months?

Your posting is a little confusing. At the start you say the garage was too small. At the end you say it was "revoked and sold as a commodity for profit".

Unless you have complained about things when they happened and nothing was done, I don't think you will get very far deciding 2 months before you are due to move out that you suddenly don't like feeling paying the rent.

Deserve is a word to be very careful with.

Go see CAB.

#3 jamaldupree

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Posted 25 February 2013 - 04:03 PM

That should have been your first warning. Massive is not a size. In any doubt, ask for dimensions, in writing.

How did you get a shock off an HDMI cable? What were you doing? They don't go into power sockets! When did this happen and what did you do about it at the time? Was it fixed quickly after you reported it?

If it's that bad why did you stay for 16 months?

Your posting is a little confusing. At the start you say the garage was too small. At the end you say it was "revoked and sold as a commodity for profit".

Unless you have complained about things when they happened and nothing was done, I don't think you will get very far deciding 2 months before you are due to move out that you suddenly don't like feeling paying the rent.

Deserve is a word to be very careful with.

Go see CAB.


Hindsight is a wonderful thing. It is a shared garage and very wide what I couldn't foresee was the length it will only fit small cars like fiestas or DS3's in. You are correct though taking them at there word was a mistake.

Not sure what the fault was but everything plugged behaved like nothing I have seen before. The electrician said he thought I was pulling his leg when I said I was getting tingling on my ear from my phone when speaking when it was plugged in on charge. I went to change the HDMI cable from my TV to my laptop and got a whack.
It was fixed pretty quickly but none the less how was it ever passed?

I was given a parking space in a business center owned by the landlord by the agent to compensate for the garage (not sure the landlord was aware) but this firstly caused confrontation from the business center uses one of whom designed the car park and they said they had no idea about the arrangement and the space was rented to another person shortly after.

I have continuously complained about the parking and have made do in the interim waiting for a solution because I didn't want to cause my daughter any upset by moving again. I have improvised with solutions that were in the first instance explained would cause no disruption to others (parking in front of the property) but this has later been used as the excuse to not renew the tenancy. The solution from their perspective it seems is to deny tenancy renewal.

#4 pyracantha

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Posted 25 February 2013 - 04:23 PM

It really does sound like you will be better off away from the place. I appreciate you are concerned about the upheaval of moving for your daughter but surely it's better she has a happy father who is not stressing over where you both live?

I'd still go see the CAB for some of the contractual issues.

#5 jamaldupree

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Posted 25 February 2013 - 04:48 PM

Thanks that is definitely the course of action we are taking.

Just really struggling to let it go from an injustice perspective and the only card I appear to be holding is two months rent.

Spoke with the solicitor since posting and he said I do have a case for mis-selling and that if I do not pay we will basically need to go to court 1: over the bond and 2: if the landlord decides to take me to small claims for the difference.

On point 2 he said that I should make my reasons known in writing now that why am refusing to pay and when and if the landlord takes me to small claims issue a counter claim for basically overpaying on the property as it was not as advertised (a point I need to prove that they were unable to provide access to the garage).

Worst case I lose and have 30 days to pay in full with interest and a £100.00 court fee so I don't get a CCJ.

Pretty sure that is what I am going to do. If anyone has experience similar it would be worth hearing.

Next stop CAB just to be sure....and thanks

#6 Flopsy

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Posted 25 February 2013 - 11:22 PM

Really glad that you have spoken to a solictor and also intend to talk to CAB.

My experience is that I have been mis-sold things repeatedly over the decades by agents. I have never with-held rent as I have always been advised by lawyers not to do this. The advise to me has been to take claims to the small claims court. Have done this a number of times now and been successful each time. All of these though were done before the current system of bonds or before I was covered by them.

Lawyers have told me before never to with-hold the rent as they have felt that it makes my claim weaker i.e. it makes me look bad. Be interested to hear what advice you get from the CAB etc.

Really sympathise on the parking issues. We were once "sold" a flat to rent with 2 parking spaces that turned out to be one large one instead. We did view the parking area and the agent showed us parking spaces but we didn't see our actual one. This was our fault for believing them of course but because we kept the actual ad we were able to negotiate a discount from the LL because of the mis-selling.

I've been told that my claim is only as good as the evidence I can produce so over the decades I've got better at keeping photos and documenting things that may result in a claim. My guess would be that you need to consider the following

1. What monetary loss have you incurred with the parking i.e. have you had to pay for your car to be parked elsewhere? Can you calculate the value of your parking space (i.e. by comparing it to other flats without parking spaces)

2. What evidence have you got that you advised the agent of the problem early on and gave them the chance to recify it? Hopefully you have a paper trail of letters or emails. Alternativly can yiou construct a diary from phone bils. We are quite lucky in that my husband and I discuss things a lot by email so I can usually go back and put togther a
diary of events based on these. It will help if you can list the dates, what was said and what evidence there is of this.

3. I don't think that electricty problem is going to be worth persuing usless someone was proved to be negligent and then it's going to be looking at monetary losses again i.e. money that was spent because of this or earning lost because of this. It's a sad fact that tenants are being used as fault finders in new builds. LL's are not visiting and looking for faults before tenants move in. They are not interested in the well-being of their tenants and see the properties as "investments" only with no responsibilities on their side.

Edited by Flopsy, 25 February 2013 - 11:36 PM.


#7 jamaldupree

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Posted 26 February 2013 - 09:08 AM

Really glad that you have spoken to a solictor and also intend to talk to CAB.

My experience is that I have been mis-sold things repeatedly over the decades by agents. I have never with-held rent as I have always been advised by lawyers not to do this. The advise to me has been to take claims to the small claims court. Have done this a number of times now and been successful each time. All of these though were done before the current system of bonds or before I was covered by them.

Lawyers have told me before never to with-hold the rent as they have felt that it makes my claim weaker i.e. it makes me look bad. Be interested to hear what advice you get from the CAB etc.

Really sympathise on the parking issues. We were once "sold" a flat to rent with 2 parking spaces that turned out to be one large one instead. We did view the parking area and the agent showed us parking spaces but we didn't see our actual one. This was our fault for believing them of course but because we kept the actual ad we were able to negotiate a discount from the LL because of the mis-selling.

I've been told that my claim is only as good as the evidence I can produce so over the decades I've got better at keeping photos and documenting things that may result in a claim. My guess would be that you need to consider the following

1. What monetary loss have you incurred with the parking i.e. have you had to pay for your car to be parked elsewhere? Can you calculate the value of your parking space (i.e. by comparing it to other flats without parking spaces)

2. What evidence have you got that you advised the agent of the problem early on and gave them the chance to recify it? Hopefully you have a paper trail of letters or emails. Alternativly can yiou construct a diary from phone bils. We are quite lucky in that my husband and I discuss things a lot by email so I can usually go back and put togther a
diary of events based on these. It will help if you can list the dates, what was said and what evidence there is of this.

3. I don't think that electricty problem is going to be worth persuing usless someone was proved to be negligent and then it's going to be looking at monetary losses again i.e. money that was spent because of this or earning lost because of this. It's a sad fact that tenants are being used as fault finders in new builds. LL's are not visiting and looking for faults before tenants move in. They are not interested in the well-being of their tenants and see the properties as "investments" only with no responsibilities on their side.


Thank you for letting me know I am not alone! It is very easy in these situations to feel persecuted but I concur that this particular LL see's this as an investment only and I in fact mentioned the total lack of humanity in my last email which is compounded by the fact I have asked to speak with him now on three occasions and he has declined.

I did advise the agent very early in the process by email which also included a complaint for unauthorized entry by the landlord at a very inappropriate time of the evening while I was out. I have constantly asked for a solution and a sit down to discuss but I have been denied both and to add salt to the only communication I would receive in return was to complain about temporary parking solutions.

Because it is a city center apartment parking is scarce and is a commodity, a council permit costs about £1000.00 PA and I feel in this particular area (but as you rightly say will need to find proof) the apartment has been overvalued by £80.00 - £100.00 PA

On the electricity I am not really seeking compensation but asking if there is someone this can be reported to, I really feel unjustly treated and want the LL just to comply with the law and use a bit of human decency in the future (i know it sounds dramatic about a parking space but lives will be up heaved and they have been put in danger).

Really appreciated your comments!

#8 jamaldupree

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Posted 26 February 2013 - 09:22 AM

Thank you for letting me know I am not alone! It is very easy in these situations to feel persecuted but I concur that this particular LL see's this as an investment only and I in fact mentioned the total lack of humanity in my last email which is compounded by the fact I have asked to speak with him now on three occasions and he has declined.

I did advise the agent very early in the process by email which also included a complaint for unauthorized entry by the landlord at a very inappropriate time of the evening while I was out. I have constantly asked for a solution and a sit down to discuss but I have been denied both and to add salt to the only communication I would receive in return was to complain about temporary parking solutions.

Because it is a city center apartment parking is scarce and is a commodity, a council permit costs about £1000.00 PA and I feel in this particular area (but as you rightly say will need to find proof) the apartment has been overvalued by £80.00 - £100.00 PA

On the electricity I am not really seeking compensation but asking if there is someone this can be reported to, I really feel unjustly treated and want the LL just to comply with the law and use a bit of human decency in the future (i know it sounds dramatic about a parking space but lives will be up heaved and they have been put in danger).

Really appreciated your comments!


80 - 100 pcm sorry!

#9 chronyx

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Posted 26 February 2013 - 03:38 PM

On the electricity I am not really seeking compensation but asking if there is someone this can be reported to, I really feel unjustly treated and want the LL just to comply with the law and use a bit of human decency in the future (i know it sounds dramatic about a parking space but lives will be up heaved and they have been put in danger).


Possibly the governing body of the (hopefully) Part P approved electrician who issued the test certificate for the house.

Have a look for stickers or certificates by the consumer unit (Fuseboard) and in any home info packs.

Look for the acronyms NICEIC, ECA, ELECSA, NAPIT.

#10 Swansea Estate Agent

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Posted 28 February 2013 - 09:39 AM

Whatever course of action you take, I would advise not to withhold rent though.

This just gives them ammo to fight back with. There is no excuse for not paying the rent. Would you withhold mortgage payments if you had issues? Of course this is different, but I am just saying.

I'm sure CAB will tell you not to withhold rent too.

Good luck with everything.




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