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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Ive just taken on tenancy at a flat, paid my deposit, one

Customer Question

I've just taken on tenancy at a flat, paid my deposit, one months rent in advance, picked up the keys. When I got to the property I discovered that the carpet upstairs is riddled with stains which I know where from the previous tenant's dog - she told me when I viewed the property that they were replacing the carpet so no need to worry about the stains!!! Well the carpet hasn't been replaced and the place stinks of dog pee. What can I do?? Due to move into the property later in the week but I really can't move in with it like that. The agents of course are denying they have any involvement as its a let only arrangement and the landlord is managing directly. Have left a message for him but no response as yet.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

Was it agreed verbally? Did you have an entry inspection with the agents please?

JACUSTOMER-mk0ni9du- :

Unfortunately I didn't raise an issue over the carpet with the agent verbally or in writing as I didn't feel I needed to as the previous tenant had advised they had ordered the carpet and it was to be replaced. I didn't have an entry inspection with the agent, I simply signed the agreement, handed over the money, and went to the flat. I was given the landlord's details as he wants to meet me at the property Monday night. I did ask earlier in the week if he was meeting me on the day I took over the tenancy via the agent but didn't get a response. Unfortunately I've been too busy at work to chase it up. I've taken photographs of everything I have issue with.

AlexWatts2013 :

I see. Was it the tenant that said it was being replaced or the Landlord please?

JACUSTOMER-mk0ni9du- :

It was the tenant. The tenant used to work for the estate agents hence why she showed me around instead of the agent. I'm paying £1250 a month for the place so expect it to be in a certain condition. It really is quite disgusting. I know I should have raised it with the agent but didn't as I didn't feel the need to at the time. I've just signed a tenancy agreement which states that they can withold some of my deposit to fumigate if required at the end of the tenancy as I have cats - am assuming theirs would have been the same as they have a dog and cat. The place certainly hasn't been fumigated! It hasn't even been cleaned!!

AlexWatts2013 :

So the Landlord has never said that they would replace the carpet? Did the tenant say the Landlord was replacing it? If so, did you confirm this with anyone?

JACUSTOMER-mk0ni9du- :

No I haven't spoken to the landlord yet, trying to contact him. The tenant said she was replacing it and had ordered the carpet. In fact she said it was due to be delivered the following day (I know I should have checked!!). Irrespective of that, the place stinks of dog pee and there are stains everywhere - it's cream carpet so not so easy to cover up!

AlexWatts2013 :

I see so the tenant has said they would order and replace it rather than the Landlord?

JACUSTOMER-mk0ni9du- :

Yes

AlexWatts2013 :

Thank you. In that case the Landlord would not be in breach of contract as such as it was the tenant that made the offer and said it would be replaced. If it was the Landlord that stated this then your claim would be stronger and there would be no doubt you could sue for breach of contract.

AlexWatts2013 :

However in this case it was the tenant that made the statement. You should therefore write to the Landlord and ask that it be replaced or professionally cleaned within 7 days or you will take further steps and then require reimbursement.

AlexWatts2013 :

You should send this letter recorded delivery to the Landlord and keep a copy. If he fails to respond you should get a number of quotes to replace the carpet or to clean it. I imagine professional cleaning would be cheaper.

AlexWatts2013 :

At this stage you should get it done but make sure the cleaners give some sort of report about the condition and smell.

AlexWatts2013 :

Ask the Landlord then for payment for this to be refunded to you and if he refuses then you would be entitled to issue proceedings in the County Court.

AlexWatts2013 :

You could do this either online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to your local County Court.

JACUSTOMER-mk0ni9du- :

Is it possible to deduct any monies from my rent or is this asking for more trouble?

AlexWatts2013 :

The court would then issue the claim.

AlexWatts2013 :

No - because this would be asking for more trouble and I imagine there is a clause saying that you are not to deduct or set off any sums and you would be in breach of your contract.

AlexWatts2013 :

Can I clarify anything about this please?

JACUSTOMER-mk0ni9du- :

No that's fine, thanks for your help. This has been my most frustrating move ever and I feel the agent has lied to me about everything right through the process - a strong letter to their head office will also ensue! I just hate to start a new tenancy like this.

AlexWatts2013 :

Yes I understand and I sympathise for the situation you find yourself in.

AlexWatts2013 :

If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-mk0ni9du- :

Will do, thanks

AlexWatts2013 :

All the best with this.

JACUSTOMER-mk0ni9du- :

thx

AlexWatts2013 :

You are most welcome and please let me know if you get this resolved.

AlexWatts2013 :

Please remember to take a moment to rate my service before you leave today. Thank you in advance.

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