Landlord has let us down BADLY!

Landlord has let us down BADLY!

16:46 PM, 23rd December 2014, About 10 years ago 16

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My partner and I moved into our first rented home together on 28 February 2014. We paid what we thought were extortionate referencing fees of £300 (EACH!) on top of the deposit and rent. At the time we mentioned that this was a high price, especially considering that my partner had rented from this letting agent before. Landlord has let us down BADLY!

They made it very clear that the landlord wanted long term tenants – a few years at least – and that’s exactly what we wanted too. We only agreed to the extortionate fees  because we didn’t plan moving out for a good 5 years or so.

We signed a 12 months minimum contract.

6 months into our tenancy the landlord has now decided she is selling the house. We’re not pleased of course, but there’s not much we can do about it. Being a Law graduate myself I have some knowledge of my rights (not going to claim to be an expert) so I know at least that they have to let us stay until the end of our contract (28 Feb 2015) at a bare minimum.

My first questions is…

Do we have any way of claiming any of the fees back? I’m fully expecting the answer to be “no” as we don’t have any written proof of anything. but it doesn’t hurt to ask!

My second questions is:

We moved in halfway through the previous tenants contract and were told in no uncertain terms by the letting agents that “We think the last tenants (a couple) have broken up …. it’s all very sad but the landlord says they can leave early if they find new tenants”

Enter us – new tenants.

A couple weeks after we moved in the previous male tenant came round to see if we had any post for them and to ask how we were finding the flat. He explained that they hadn’t split up at all but the actual reason they had moved out was because the lady that lives opposite (its a block of flats with 2 flats per floor so by “opposite” I mean 2 metres away!) had knocked on the door one day completely unsolicited, while his wife and 2 year old daughter were the only people in the house. His wife had answered the door and the neighbour had immediately attacked her. He said he had told the letting agents about this and so it transpires this was why they wanted, quite rightly, to leave the contract early.

Since living in this flat we have visits from the Police on a regular basis (at least once a month) to do with our opposite neighbour who, as it turns out, is a mentally unstable drug addict whose daughter is looked after by the authorities.

My question is….. Did the landlords break any law in lying blatently to us and should we have been made aware of her before we moved in? If so, what can we do?

My third questions needs some more explination….

The letting agency have been absolutely appalling with showing prospective buyers around the house. They constantly make arrangements with less than 24 hours notice and often just by leaving a message on my phone and then turning up before I even had a chance to reply. They also do the opposite, e.g. one time they said they’d be do a viewing “between 1pm and 3:30pm” but they didn’t turn up at all and never phoned to say they wouldn’t be coming. This has been incredibly annoying but we’ve coped untill last week when I was at work during the day and my partner was asleep (he’d been working the night shift at work).

Without any notice, or even trying to contact us, the landlords let themselves and their prospective buyers into our flat, showed them around and then, of course, walked into our bedroom and woke my partner up. As you can expect, I’m absolutely furious about this. They always just let themselves in with their key, even when I was recovering from an appendectomy, which we had notified them about and they’d said they’d do not viewings while I was recovering.

What can be done about this awful breaking of their side of the contract?

Thank you

Alice


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Comments

Sam Addison

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13:38 PM, 24th December 2014, About 10 years ago

I believe some of the posters have missed the sentence in your post of 23/12 at 18.09 where you say
'And then the same but one months notice for the tenant to give the landlord.'
This sounds as if you may be able to gave a months notice - perhaps get your lease checked by a solicitor if that is what you want.
I would certainly agree with changing the locks (but keep the old ones for handing back/replacing at end of tenancy). there is no way you should be suffering this way.

John Gell

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14:47 PM, 24th December 2014, About 10 years ago

Alice,

This all sounds terrible, and you have been very unlucky.

Landlords and letting agents have an obligation under consumer protection law to advise potential tenants of any factors they are aware of which might affect the tenant's decision to rent a particular property. This would include the problematic neighbour. I suggest you raise that with your local consumer protection people.

Good luck.

Joe Bloggs

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17:32 PM, 26th December 2014, About 10 years ago

sounds like you have potential recourse as you appear to have been a victim of fraudulent mis-statement/ misrepresentation re:
- length of your likely stay
- neighbours ASB
the problem will be proving what was said in order to entice you to enter into the contract.

the LL has the following right of entry:
6)In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.
this would not seem to include viewings for sale purposes.

as others have said, i think the extract you quote from the TA is just standard wording and the actual agreed length of the fixed term will take priority.

Alice Drury

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12:45 PM, 3rd January 2015, About 10 years ago

I'm absolutely furious.

I explained that id sought advice to Fulfords and they apologised profusely and promised not to use their own key again.

They arranged a viewing for 12:30 today. I said that was fine.

I ran some errands and ensured I was home by 12:15.

However. When I arrived home my front door was unlocked and the inner doors that were previously closed (i.e the bedroom doors) were open.

It is now 12:45 and they've not appeared.

Clearly they arrived early. Let themselves in and then failed to even have the decency to lock my front door on their way out.

I'm absolutely fuming.

Mark Alexander - Founder of Property118

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12:49 PM, 3rd January 2015, About 10 years ago

Reply to the comment left by "Alice Drury" at "03/01/2015 - 12:45":

Why didn't you follow my advice?
.

Alice Drury

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12:52 PM, 3rd January 2015, About 10 years ago

I don't have the money to get my locks changed.

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