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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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There, my daughter is one of five students with a new tenancy

Resolved Question:

Hi there, my daughter is one of five students with a new tenancy agreement that commenced on 15th August, this is a student let through a company in Newcastle.
Long story short they got an email at 17:05hrs the day before they where due to collect the keys on 15th August
The email advised that the hall still had decorating works ongoing and some rubbish in the rear yard.
Basically this was a considerable way from the actual found state, I have called out that the Property was grossly misrepresented from the letting agent.
They were in breach of 3 sections of the alleged tenancy agreement, I had a meeting with the Operations director on 20th August to advise.
A number of email communications have taken place, and basically they have taken advantage of the hole situation, various works have been on going to improve this property with dates being provided which extent to the end of September to finish of decorating a first floor Bathroom.
Do I have any option to contest that both the Letting agent and Landlord failed in their obligations to provide a property in a good clean condition.
The emails that I have sent are detailed with attached photos and a list of issues, the response by the Letting agent contradicts all the issues that I call out.
What options do I have to get my daughter out of this situation, the friendship that she was in that are planned to share this house in the next week has already broken down.
Look forward as to how this can be progressed, the letting agent has advised of a rent reimbursement of two weeks, my daughter move in on 5th September, the property has not had a deep clean, her bed base was not secured and they still have a bathroom that is part way through redecoration, the walls have been stripped of paper as the wall paper when they got the keys was peeling off with black damp on the walls.
Regards,
Andrew
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
Hi Jo, as advised unfortunately my daughter has found herself in a situation that was created by the letting agent and landlord, the rented property was not in a good clean state when they got the keys. I can attached the complete email communication to allow you to have all the information to best advise as to what options we have in relation to the unacceptable situation.
Expert:  Jo C. replied 2 years ago.
Has she moved in?
Customer: replied 2 years ago.
Hi Jo, I have attached the email communications, along with an advised snagging list that I sent through, I have included the snagging list that Letslivehere advised before I sent through the snagging list that I had drafted. I will send through the response to my last email, titled last email from letslivehere, note the Operations Director replies in green font to points that I raise. I believe that we have gross misrepresentation, breaches to three sections of the alleged tenancy agreement as per insertion into my emails. I am looking to see if I have a case that I could win if I choose to take legal action over this situation and would value your opinion.Regards,Andrew
Customer: replied 2 years ago.
Jo, she originally picked up her key on Wednesday 19th August, she needed to be back in Newcastle for 7th September and did not really have an option other than to move in on Saturday 5th September
Customer: replied 2 years ago.
Jo, appreciate there is quite a lot of information contained within the various attachments, I have a number of photographs in relation to this, which support the condition of this property when the key was picked up on Wednesday 19th August. I will let you read through these documents and we can pick up this discussion tomorrow.
Are you okay to do this?
Expert:  Jo C. replied 2 years ago.
Oh sorry, please don't put yourself to this level of detail. It is all fairly irrelevant.
I will be able to answer tonight.
What I need to know is whether she moved in or not. Just a yes or no is all I really need.
Customer: replied 2 years ago.
Jo, yes, she moved in on Saturday 5th September.
Customer: replied 2 years ago.
Jo, are you okay if I leave you with this information, or do you need anything further to allow for you to advise if I have a case that I could win if I decided to take this to court and if so how would you progress this.
Sorry to send across this question but I do need to leave this session.
Thanks in advance for your help, I do not know what else I can do as a believe that the Letting agent and Landlord have rather taken advantage and somewhat exploited the situation, I do not believe that an offer of £140 pounds rent reimbursement per tenant is acceptable. What I would like to know is if My daughter could exit this alleged contract and get another property, conscious that it is vicarious with another 4 tenants.
Customer: replied 2 years ago.
Jo, please be aware I need to leave now.Thanks, Andrew
Expert:  Jo C. replied 2 years ago.
Ok.
You have a variety of options. I would have told her to refuse to take it but it is too late now.
The first is to make a report to environmental health. They might well be interested in the damp although not in the declaration work.
In relation to decoration, I'm not sure what you want to achieve. Obviously it would have better if they had done it by now but they haven't and at least they are proposing to complete. If they can do the work while they are there then there is no claim arising from that. If they have to close off part of the house then there should be a reduction in rent to reflect that.
If they just refuse to do the work then ultimately a tenant can complete themselves and Sue for the cost or withhold from rent. It won't come to that though.
Can I clarofy anything for you?
Jo
Customer: replied 2 years ago.
So basically, you would advise that she accepts the ongoing work advised by there dictated schedule, as works are being done and there really is nothing more that she can do?
I would not have a strong legal case? and could not claim breach of any alleged sections of the contract or gross misrepresentation of the property prior to the date of key collection.As you can appreciate, i feel that the letting agent along with the landlord have somewhat entrapped my daughter and they know that she does not have a case as they have agreed to carry out repairs. I will have to leave it at that for now. Thanks Andrew
Expert:  Jo C. replied 2 years ago.
There is nothing she can do about that. It would have been an option to refuse ro take it but now either they do the work or it isn't done.
You wouldn't have a case to do anything other than complete the work.
They are on breach of contract but the only remedy is to have the work done. I'm not sure what else you want to achieve?
Customer: replied 2 years ago.
Jo, thanks, ***** ***** just picked up your reply, the question I was really asking was:
Could my daughter simply walk away from this property bearing in mind the vicarious tenancy agreement, as another four persons are on this signed agreement. That said I dispute this alleged tenancy agreement, I state this as both the landlords letting agent and the landlord were able to provide a property in a good clean condition, with three sections not being complied too.
My concerns are that if my Daughter left the property and stopped paying rent, they would take legal proceedings to recover monies for the whole year against my daughter and my wife who is a guarantor.Because of there unacceptable approach and gross misrepresentation of this property I wished for my daughter to move into another property. I feel that the may that the letting agent and landlord have operated has created a situation of entrappment and as such the letting agent and landlord have extorted this situation. It is not acceptable to send an email out at 17:05hrs the day before keys are due to be collected with an email advising that the hall required completion of decoration and rubbish was in the yard. Only to find all of these unacceptable issues with the property when entering.If my daughter did leave the property and took another let based on these ongoing and contested remedial works that I advise.And they took legal action to recover loss of rental income over the full period of the let, my daughter would then be in a good position to defend the fact of gross misrepresentation, breach of contract and failure to provide the interior of the property and its contents in at least as good and clean condition and repair as they were at the commencement of the tenancy.Thanks Andrew
Expert:  Jo C. replied 2 years ago.
No. Not if this is an AST.
The property would have to be literally flooded or gutted with fire damage before you could walk away.
If she left then she would be liable for rent until the landlord could be find a replacement and she would have no defence.
Customer: replied 2 years ago.
This is an AST agreementYou have confirmed what I thought.
I do struggle to understand how both the letting agent and landlord can be in breach of the AST contract in relation to 3 sections, provide a house that is not of a good clean standard of repair and the tenants have no options to challenge this exploited situation? And they have to accept ongoing repairs at a pace dictated by the letting agent and landlord. In addition to this the letting agent just selects that repairs are to be done and makes comment as noted to the others but is not prepared to take any further action.
Expert:  Jo C. replied 2 years ago.
Yes, I thought it might be. ASTs are hard to escape.
They are in breach but the remedy is to force them to do the work. Like any other breach of contract doesn't void the entire contract.
Customer: replied 2 years ago.
Thanks for confirming, as you say the AST is pretty much a contract that allows you to be exploited with minimal redress and protects only the Letting agent and Landlord.I would imagine that the only output I would have, is to advise local press / university groups of the gross misrepresentation and unacceptable situation that the letting agent and landlord allowed to be created. And in the experience of these tenants not to recommend using this Letting agent.Letslivehere allowed a situation to occur that could have so easily been averted if they had communicated of the poor state of repair and agreed an improvement plan upfront. The letting agent simply discharged there responsibilities and had no consideration for tenants until such time that this was escalated by myself.Would you think they would follow up as a liable case bearing in mind all the photos and evidence I have. As you can appreciate, I do not think companies like this should be allowed to take advantage of tenants or in fact should be in business.This is my last point, as you have confirmed that my daughter has no redress to this situation, I would like your opinion on me advising the press, and look forward to your response.Thank you for your advice and good service.
Expert:  Jo C. replied 2 years ago.
Yes, you could inform the local interested parties which may have some impact.
A better option though is to pursue the steps above and get the work done.
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