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DownsizingDiva

Breach Of Contract By Letting Agent?

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2 weeks ago, my oven packed up. I phoned the Lettings Agent, and asked them to get someone out to fix it. After a week, I had heard nothing, so emailed them. I am still waiting for a reply.

The property does have a combi-microwave (convection oven) but it's very small and doesn't cook as well as the oven which has broken down.

I should add that I have given notice to end my tenancy (I have another 4 weeks to go) and am certain that either the LA or the Landlord doesn't want to pay out for the repair while I am still here.

Surely, while I am still paying £850 a month for the house, I should be entitled to prompt repairs?

Would welcome advice on my next move.

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2 weeks ago, my oven packed up. I phoned the Lettings Agent, and asked them to get someone out to fix it. After a week, I had heard nothing, so emailed them. I am still waiting for a reply.

The property does have a combi-microwave (convection oven) but it's very small and doesn't cook as well as the oven which has broken down.

I should add that I have given notice to end my tenancy (I have another 4 weeks to go) and am certain that either the LA or the Landlord doesn't want to pay out for the repair while I am still here.

Surely, while I am still paying £850 a month for the house, I should be entitled to prompt repairs?

Would welcome advice on my next move.

Ring them. Daily. Three times a day, every time you want to cook a meal. Go in and see them. Frequently.

In other words, piss them off so much that it's easier for them to do it than not.

Also write recorded delivery that they have had 2 weeks already, an oven is an essential, the combi is not up to the job and unless a repair man appears within 3 working days you will get one out yourself and bill them . And tell them you will bring a small claims court action for re-reimbursement if necessary.

Edited by cartimandua51

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Ring them. Daily. Three times a day, every time you want to cook a meal. Go in and see them. Frequently.

In other words, piss them off so much that it's easier for them to do it than not.

Also write recorded delivery that they have had 2 weeks already, an oven is an essential, the combi is not up to the job and unless a repair man appears within 3 working days you will get one out yourself and bill them . And tell them you will bring a small claims court action for re-reimbursement if necessary.

Thanks for your reply. I am loathe to rock the boat too much as I am sure they will withhold my deposit. However, once I am out of here, am inclined to find a solicitor and sue them for breach of contract. What do you think my chances are?

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Thanks for your reply. I am loathe to rock the boat too much as I am sure they will withhold my deposit. However, once I am out of here, am inclined to find a solicitor and sue them for breach of contract. What do you think my chances are?

When did you sign the contract? If it was after 6 April 07 the LL MUST put it in a deposit protection scheme. It is then up to the independent arbitrators to decide on the validity of any deductions in the event of dispute. If you haven't had details the LL /LA are in breach of the law (even if the deposit is protected. If it's not protected the LL is is deep do-do)

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When did you sign the contract? If it was after 6 April 07 the LL MUST put it in a deposit protection scheme. It is then up to the independent arbitrators to decide on the validity of any deductions in the event of dispute. If you haven't had details the LL /LA are in breach of the law (even if the deposit is protected. If it's not protected the LL is is deep do-do)

Signed contract last year, and deposit is protected under the TDS. However, I am still loathe to make a fuss until I have got it back. Once I have it, that's another story. Am inclined to ask for my last month's rent back as compensation, but I know I am unlikely to get it.

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Signed contract last year, and deposit is protected under the TDS. However, I am still loathe to make a fuss until I have got it back. Once I have it, that's another story. Am inclined to ask for my last month's rent back as compensation, but I know I am unlikely to get it.

Tenants really need to stop living in fear of unfair/capricious deductions from their deposits; everything I have heard about the TDS has been very positive. There is no way your landlord can withold your deposit because you 'make a fuss', so go for it! The world has changed, at least in this small aspect.

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Tenants really need to stop living in fear of unfair/capricious deductions from their deposits; everything I have heard about the TDS has been very positive. There is no way your landlord can withold your deposit because you 'make a fuss', so go for it! The world has changed, at least in this small aspect.

I have a vague memory of seeing recently that 80% of decisions went in favour of the tenant. Can't quote you where, though.

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I have a vague memory of seeing recently that 80% of decisions went in favour of the tenant. Can't quote you where, though.

If you go to the TDS website they sight a number of case studies (about 80 in all) and almost all go in the favour of the tenant. The single largest LL failing is claiming damage where no proper inventory exists.... no inventory no pay out, that simple.

Being a pain in the backside is not a reason to withhold a deposit and a LL can only claim money from you where you have caused actual damage over and above fair wear and tear and only where they can prove you do did the damage.

You need to make a fuss as the is no legal recourse for white goods as they are specifically not covered by section 11 of the 1985 LL and tenant act. The landlord is most likely responsible for mending it unless the contract says otherwise but it will never be their priority.

Nag nag and nag some more, they will give in, in the end.

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It is the LL/LA's responsibility to deal with break downs. End of. Tell them to sort it in no uncertain terms.

The TDS is there to protect you - you have nothing to lose by going to them. The worse case scenario is losing the money the LL/LA has already deducted.

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It is the LL/LA's responsibility to deal with break downs. End of. Tell them to sort it in no uncertain terms.

The TDS is there to protect you - you have nothing to lose by going to them. The worse case scenario is losing the money the LL/LA has already deducted.

Could you please explain what money the LL/LA is likely to deduct? Thanks.

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I have a vague memory of seeing recently that 80% of decisions went in favour of the tenant. Can't quote you where, though.

This is hardly surprising.

As I have posted before, LLs just don't understand that they may not claim for betterment. So when they do have a legitimate claim, they almost always claim for too much.

tim

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Could you please explain what money the LL/LA is likely to deduct? Thanks.

Reading it again I realise my point was not clear. What I was trying to do was to encourage you to go to the TDS with any deductions the LL/LA may make (as you referred to at the top of the thread when you said you were loathe to kick up a fuss in case they make deductions). You should always kick up a stink over problems. If their reason for deductions are only because they are upset that you made them do their job properly and not for genuine problems it will not hold water with the TDS.

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Reading it again I realise my point was not clear. What I was trying to do was to encourage you to go to the TDS with any deductions the LL/LA may make (as you referred to at the top of the thread when you said you were loathe to kick up a fuss in case they make deductions). You should always kick up a stink over problems. If their reason for deductions are only because they are upset that you made them do their job properly and not for genuine problems it will not hold water with the TDS.

Thanks. I shall.

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