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Dogsy

New Contract .....dodgy Landlord

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Hi Folks i'm new here,

Bad news to start though. I have recently found a house to rent through a (so called) reputable letting agent payed the agency fee £117 etc lots of waiting .....credit checks etc passed them . I just moved in two weeks ago and the central heating is not functioning at all properly. I phoned the agent and they said that they were not responsible for managing the property and I had to contact the landlord directly (this was never mentioned until I had signed the contract, my fault for not asking I guess). Anyway contacted the landlord last week and he said he would get a plumber round.......nothing. Phoned him at work and his secretary said he was out and she would leave a message,never rang back (hmmmmm). Anyway still waiting, then today as I was leaving the house the next door neighbour was on the street and introduced himself and said jokingly "Has he fixed the heating yet!"jokingly (refering to the landlord) my heart sank as he went on to say the pipes need replacing downstairs and that each tenant over the last 3 years has moved straight out after the tenancy has expired (the last being a pregnant girl). Oh dear ! not what I wanted to hear. He went on to say what I tight guy he was and hated spending money on the place. Do I have any rights in terms of contract cancellation ? I notice that the deposit and first months rent cheques that I gave to the agent have not been put in yet, should I cancell them? My problem is also complicated by the fact my close friend is acting as guarantor! I don't want to land them in poo.

P.S The landlord originally wanted a 12 month minimum let but I would only accept 6, just as well.

The agent may be an innocent party in this who knows who cares ! I'm COLDDDDD

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Hi Folks i'm new here,

Bad news to start though. I have recently found a house to rent through a (so called) reputable letting agent payed the agency fee £117 etc lots of waiting .....credit checks etc passed them . I just moved in two weeks ago and the central heating is not functioning at all properly. I phoned the agent and they said that they were not responsible for managing the property and I had to contact the landlord directly (this was never mentioned until I had signed the contract, my fault for not asking I guess). Anyway contacted the landlord last week and he said he would get a plumber round.......nothing. Phoned him at work and his secretary said he was out and she would leave a message,never rang back (hmmmmm). Anyway still waiting, then today as I was leaving the house the next door neighbour was on the street and introduced himself and said jokingly "Has he fixed the heating yet!"jokingly (refering to the landlord) my heart sank as he went on to say the pipes need replacing downstairs and that each tenant over the last 3 years has moved straight out after the tenancy has expired (the last being a pregnant girl). Oh dear ! not what I wanted to hear. He went on to say what I tight guy he was and hated spending money on the place. Do I have any rights in terms of contract cancellation ? I notice that the deposit and first months rent cheques that I gave to the agent have not been put in yet, should I cancell them? My problem is also complicated by the fact my close friend is acting as guarantor! I don't want to land them in poo.

P.S The landlord originally wanted a 12 month minimum let but I would only accept 6, just as well.

The agent may be an innocent party in this who knows who cares ! I'm COLDDDDD

Oops sorry about the double posts ( typical mac user lol)

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Oops sorry about the double posts ( typical mac user lol)

Hi Dogsy. I'm not an expert, but it seems to me that an option in this case would be simply not to pay any more rent, and to move out once the period you've paid for (including counting your deposit as rent) is up. Legally I guess you've signed for 6 months, but if you don't have heat, what court is going to take the landlord's side? It's inhuman & he's breaking his side of the contract by not having the heating fixed. Certainly don't pay any more rent until he gets the heating fixed!

There are people far more expert than me on this forum, like Mr Shed, who'll be able to give you much better advice. Hope it works out for you. I wonder - could you sue him for breaching your human rights or something? - that might be fun!!

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Thanks for the compliment Pedro :D

I have replied briefly to this in the other thread this person made by mistake. But basically, you cannot do as you have stated. The AST is binding, AT THE MOMENT the poster cannot use it as a reason to leave. My suggestion is, write to the landlord. Say that you will be withholding the rent until the issue is recitified, and request repair to be completed within the next 5 days. If nothing is done, use your right of offset. Get AT LEAST 3 estimates for the work done, and then carry the work out. Then send a copy of the receipt to the landlord, and deduct the amount from the rent.

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Hmmm yes good question. The neighbour I spoke to seemed to suggest to me that this had been an ongoing saga with previous tenants he had seen come and go and that he "doesn't like spending money" he seemed to think that the piping needed replacing downstairs (maybe he had spoken to a plumber whom he had previously seen) in which case it would be expensive. Anyway the landlords 'plumber' is coming round tomorrow should be interesting but don't worry i'm going to take Mr sheds advice and get several quotes.

On another note when I signed for the house my girlfriend was the guarantor (what a laugh she's the most blacklisted person I know). The dizzy woman who handed me the keys needed a copy of her passport for I.D. She forgot to do this and now the letting agents are in trouble with head office apparently because I shouldnt have been given the keys. So they are hastling me and her seperately (they think we are mates not g/f b/f). I am reluctant to help them at this stage especially since I got back late from work last night to a cold house and...........No Electricity!..........yes they hadnt bothered telling me it was a card meter...doh! p.s this is a large chain estate/letting agency. I guess they are too concerned with selling houses. The irony is I was only taking this let on so I could spend a bit of time looking in the area to buy. Oh well sorry for the rant and Happy New Year I guess.

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Good question sheriff, and one well worth asking. In this situation, I would advise pursuing the landlord via other avenues first, such as EH and your local tenant officer. However, the right of offset is generally considered to be the best way of going through this.

And Dogsy....hassling you for what? To see her passport? Somewhat late now wouldnt you say! Bit silly of them. Totally off topic, but out of interest was your girlfriend shown a copy of the AST prior to signing the guarantor agreement? As, if she was not, the guarantor agreement is void.

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Hi there folks thanks for the replies, here's the latest:

My plumber came round and had a quick look said £150. The Landlords plumber said £300. The Landlord OK'd his guy to do the work. Been doing it all day (desludging and new water pump) still does'nt work properly downstairs only slightly warm if all upstairs radiators are turned off!! He surmised that ......Guess What...... the piping needs replacing downstairs! floorboards up etc! sounds expensive.

I cancelled the 1st months cheque and deposit that I sent to the agent in time OK I know it's legally wrong but it's self presevation guy's.

I am considering speaking to the Landlord to mutually anull the contract if he agrees . I dont want to be living in a place with the floorboards up etc. The agent advertised this initially as having Gas Central Heating do you think I have a case for them mis-marketing it to me?

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Guest Fiddlesticks

Hi there folks thanks for the replies, here's the latest:

My plumber came round and had a quick look said £150. The Landlords plumber said £300. The Landlord OK'd his guy to do the work. Been doing it all day (desludging and new water pump) still does'nt work properly downstairs only slightly warm if all upstairs radiators are turned off!! He surmised that ......Guess What...... the piping needs replacing downstairs! floorboards up etc! sounds expensive.

I cancelled the 1st months cheque and deposit that I sent to the agent in time OK I know it's legally wrong but it's self presevation guy's.

I am considering speaking to the Landlord to mutually anull the contract if he agrees . I dont want to be living in a place with the floorboards up etc. The agent advertised this initially as having Gas Central Heating do you think I have a case for them mis-marketing it to me?

Sorry for coming in late, I've only just read the thread. But if it was me I wouldn't want to live through the inconvenience of getting the heating fixed, with raised floorboards, moved furniture, etc - that's the landlord's job for when the place is empty. As you agreed with him (through his agent) that you would get a place with heating, he isn't holding up his end of the bargain. I would go out and buy a couple of electric convector heaters to get the place nice and cosy. Monitor how much electricity they use and take the cost of buying and running them (minus what you would spend on running gas central heating) off the rent, having first warned him in writing that you will do so. You'll have to leave the heaters behind when you leave - sounds like the next tenant will find them useful ;-)

If the landlord lets you out of the agreement early then that sounds like a better way forward.

It's never advisable to cancel cheques - in the eyes of the law once you have handed them over the money belongs to the payee even before it has left your account. The landlord could sue on the cheques and would definitely get judgment against you regardless of him seemingly being in the wrong so far as the heating is concerned.

Edited by Fiddlesticks

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Hi there folks thanks for the replies, here's the latest:

My plumber came round and had a quick look said £150. The Landlords plumber said £300. The Landlord OK'd his guy to do the work. Been doing it all day (desludging and new water pump) still does'nt work properly downstairs only slightly warm if all upstairs radiators are turned off!! He surmised that ......Guess What...... the piping needs replacing downstairs! floorboards up etc! sounds expensive.

I cancelled the 1st months cheque and deposit that I sent to the agent in time OK I know it's legally wrong but it's self presevation guy's.

I am considering speaking to the Landlord to mutually anull the contract if he agrees . I dont want to be living in a place with the floorboards up etc. The agent advertised this initially as having Gas Central Heating do you think I have a case for them mis-marketing it to me?

Your landlord wouldn't happen to be called Mike Phillips, would he?

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  • 302 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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