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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Just moved into a property on a 3 year lease. 2 year break.

Resolved Question:

HI
Just moved into a property on a 3 year lease. 2 year break.
The Estate Agents are refusing to repair, clean or furnish the property as per lease.
They claim it was cleaned and have a receipt, we have proof it was absolutely filthy.
We have now paid for proper cleaning.
They claim that they will furnish the property only as per lease, which has been changed from what we originally agreed. The lease is on their website.
We requested 3x beds, seating for 5 people and so on. Basically replacing exactly what was in the house with new. You can see on the lease where it has been 'doctored' instead of reading "3x double beds" it now read "x double beds", instead of "2x Sofas and an arm chair" it reads "2x Sofas or a sofa and armchair"
There is a lot more damage than when we viewed the property 2 months ago which they are refusing to acknowledge or repair, holes in walls, broken cupboard, washing machine etc.
WE would like to know if we can reject the lease and property or paint, carpet and repair the place ourselves in stead of paying rent.
Thanks
Rick.
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello Rick my name is ***** ***** I will help you.

I assume you have photographic evidence?

What is the cost of putting it right?

Customer: replied 9 months ago.
Hi,Yes, I have video evidence and picture evidence of the damage and filth of the property.
I have sent the estate agency repeated emails with picture and descriptions and visited them and phoned. either no response or lies, or more recently that the landlord is unable to pay for repairs this month. We moved in 16 days ago.Rick.
Expert:  Ash replied 9 months ago.

Ok. Do you know the cost of getting this done? Do you want to move out?

Customer: replied 9 months ago.
The estate agents told us (perhaps mistakenly) that it would cost about £10000 to repair the damage.
We could do the work ourselves for much less, Foxtons refused our offer.We have submitted a Section 1 request to Foxtons in email and by hand requesting the landlords contact details.
Customer: replied 9 months ago.
We would like to stay, but not if we have no recourse to getting the place put right.
Adding pictures now of what they advertised and what was delivered.
We were told the place would be set right.
Customer: replied 9 months ago.
This is a list of problems we have sent them.
Expert:  Ash replied 9 months ago.

Ok. Do you want to move out? What is it you want to achieve ?

Customer: replied 9 months ago.
I would like the Estate Agents or Landlord to keep to their promises, fix and furnish the house.
Customer: replied 9 months ago.
I could forward our email correspondence?
Expert:  Ash replied 9 months ago.

Ok. You need to prepare a schedule of works and ask that it is carried out within 14 days or say you will seek a court order.

If they don't or refuse then you can issue proceedings. This has to be against the landlord as that is who your contract is with.

You would need to complete form n1

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf

And n16a

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The court will set the matter down for a hearing and decide whether to order the landlord carry out the works.

If the court makes the order and the landlord does not this can be contempt of court which they could be warned, fined or sent to prison.

But you can't withhold rent in the meantime sadly.

Can I clarify anything for you about this today please?

Alex

Customer: replied 9 months ago.
HI Alex,Thanks, ***** *****What can I do about the lease they have issued not reflecting what we agreed? There were witnesses to what was agreed verbally but the lease is iffy.Foxtons have a huge legal team and would have no problem tearing us apart in court. Is it feasible to have the lease declared null and void?Thanks
Rick.
Expert:  Ash replied 9 months ago.

It is. I asked if you wanted to move out and you said you wanted them to do the work. You can end the contract yes. Alex

Customer: replied 9 months ago.
Ok,I know that I can try and take them to court but at what cost? The court case would drag on for ages and their lawyers are on a retainer and I would inevitably lose. I was hoping for some advice on how to force them to do what was agreed, if the only way is court I don't think it is worth our time to even bother.What are my options for just cancelling the lease?Thanks
Rick.
Customer: replied 9 months ago.
Apologies for the scatter brainedness. I am pretty distressed by this. Here is an email log of some of the communications from Foxtons.On 20 Jun 2016, at 16:39, ***** *****ruff <*****@******.***> wrote:Good afternoon Rick,Thank you for your concise email, I have looked through it thoroughly and have the below responses for you.
In regards ***** ***** professional cleanliness of the property I must reiterate that the previous tenants have provided me with the invoice of the clean in which they had undertaken which outlines a clean to professional standard was undertaken. This is further supported by the independent schedule of condition undertaken by a third party which is totally unbiased and independent therefore reporting the condition of the property as they see it. Therefore due to these two items (attached) the landlord will not be undertaking a professional clean as the property is listed as such upon your arrival.
In regards ***** ***** furniture, I have spoken with Olivier in the local office and is afraid he is not of the knowledge of any further agreements except those found in the tenancy agreement. I can see that the agreement contains the necessity for the Landlord to provide one arm chair and one sofa. These have been ordered by the Landlord and the supplier has attempted to contact you to arrange the delivery of these. If you have a preference contact number please make me aware of this and I will update them accordingly to deliver this as soon as possible. If you wish to keep one or all of the current sofa’s within the property this can be arranged however the Landlord is of the understanding you wish for them all to be removed and replaced with the sofa and armchair as the tenancy agreement stipulates.Concerning the maintenance listed in the agreement, Gaughan property services have been instructed to undertake the works listed in clause 24.1 as well as the fixing of the Garage door with exception to the painting / decorating and the carpeting of the hall. As this is given the leniency of being undertaken when the tenancy has started this will therefore be undertaken however the Landlord is in a place of obtaining funds for the works to commence. Further maintenance queries which have been raised will be addressed whilst Gaughan Services are at the property and if they are not easily remedied they will be quoted for their repair.
I would advise that some of the concerns you have raised were not agreed or conditions of offer when undertaking the tenancy. The property is Let as seen, and whilst I can see a non-viewing letter for yourself, I am under the impression that Dean and Izak both saw the property and therefore were prepared to have the tenancy on the condition of what is laid out in the tenancy agreement.
Therefore for the delivery of David Philips furniture as well as the booking of the visit from Gaughan property services please could you confirm your best contact numbers to ensure that they can contact you to arrange accessing the property to carry out these works.
Please do not hesitate to contact me with any further concerns which you may have as we proceed with the above works.Kind regards,James
From: Rick Hannah [mailto***@******.***]
Sent: 15 June 2016 12:48
To: ***** *****ruff
Cc: Olivier Babylone;***@******.***;***@******.***;***@******.***; Dean; Nic Budden
Subject: 40 Patio Close - Unacceptable Service from Foxtons.
Hi James,I have just spoken to Beatrice about the cleanliness of the house and will explain to you yet again.1. The "professionally" cleaned house did not include carpets and walls or furniture, as that costs extra and judging by how disgusting the previous tenants were, they clearly did not pay extra. Our lease stipulates that the Landlord will pay for professional cleaning. Clearly not done.2. Since you have the schedule of works in your possession. Why don't you ACTUALLY read it. In fact, just look at the pictures. Look at every single picture and tell me if you can see one that isn't disgusting. Specifically page 45 where you can see what is human bodily fluid all up the curtain. Do you HONESTLY still think this house is clean? Having a receipt means nothing! What do you think our motivations are? To needlessly bother you? Why would we go into this continuous back and forth with you, stress ourselves out with this circular logic if the property was clean?3. You are in breach of the lease. Specifically clauses 18.12, 24.1, and 25.1. Most importantly the general agreement of "The Property shall be let semi-furnished." There is NOT ONE piece of furniture that is serviceable in this property. Let me reiterate that. NOT ONE piece of furniture is useable. Is that clear enough? If it isn't, have a look at the schedule again, look at the pictures of the garage. You'll notice that all the furniture is in the garage awaiting disposal. Why on
Customer: replied 9 months ago.
Easier to add a file.
Expert:  Ash replied 9 months ago.

Ok. You can either leave and claim breach or take them to court to get it fixed.

Does that clarify. Alex

Customer: replied 9 months ago.
Is there a procedure to claiming breach? The lease is filled with dire financial penalties.
Expert:  Ash replied 9 months ago.

You write, saying there is a fundamental breach of contract and leave. But the longer you leave it the harder it is to claim breach.

They are in breach by false representation so penalties don't apply.

Does that clarify? Alex

Customer: replied 9 months ago.
I know they're in breach, they know they're in breach. They're also calling us liars about what we agreed and have fiddled the electronic copy of the lease.If I just go to them and tell them they're in breach for false representation and I'm rejecting the lease they'll come after me, they're pretty horrible people.Do you guys have an office? I think it would be better to come in with documentation and pictures etc. to discuss what my best course of action is. I know I can go to county court or reject the lease but that doesn't I won't get screwed any way.
Expert:  Ash replied 9 months ago.

No we don't, this is an online service which is why it's so cheap. But you inform them in writing, that is all you need to do.

You are claiming fundamental breach of contract, you need to write and set out why, then move out.

Does that clarify?

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Alex,Thanks for the reply. You can close the topic.

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