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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
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I moved into a flat in London on 7th Jan without being accompanied

Customer Question

I moved into a flat in London on 7th Jan without being accompanied by an agent or being given any instructions ,inventory etc . I said several times that this did meet with my expectations but was told that it is normal practice . I didn't know where to access the garage,was told to go into the flat to get and programme the remote for the garage door,I had a car full of stuff and the road is double yellow my opinion the flat had not been cleaned for my tenancy and I have photographic evidence - the landlord came on his way from an appointment in London, not a special visit, and I showed him all the things that I had a problem with - filthy carpets etc he took away some of his personal effects that I had cleared out and went away to sort it.Three months later having spoken with the owner on several occasions he expects me to be here to deal with workmen,hasn't offered to right the problems etc He thinks it is reasonable for me to personally attend to fixing stuff and still - I am at a loss and it would seem that I do not have any rights to demand a fully operational clean flat . I offered to leave the flat rent free so that he could come and attend to things with out involving me. Loggerheads.I feel like I am treated with contempt . I gave six months rent in advance because I am a student - albeit 55years old and studying for an MA
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.

How can I help with this?
Customer: replied 5 years ago.

Do I have any rights to demand that the carpets are cleaned ,heaters replaced ,broken sofa bed replaced with a bed etc there is a long list

I have offered to leave the flat and have my rent refunded for this period so that my precious time is not further compromised.

Expert:  Jo C. replied 5 years ago.
Is this an AST?
And is there any reason you agreed to move in whilst in this condition?
Customer: replied 5 years ago.

What is an AST?

The flat to all intents and purposes looked perfect on viewing it.

I was told that it would be cleaned and I assumed that meant that previous tenants/owners personal effects food etc would be removed. I called the letting agent on arrival in London to arrange to meet at the flat to be handed keys ,go through the paperwork , be shown the workings etc and sign off inventory etc I was told that this was not their job and that I had to go to their office to pick up keys and sign the tenancy agreement. I complained but it was met with contempt. I made my way as described and let myself in,moved my stuff in etc - it was night by then ,I had no choice, I was very upset by it all I have to say. And then I tried to work the heating etc with no instructions. The flat had not changed at all since the viewing.

Expert:  Jo C. replied 5 years ago.
1 An assured shorthold tenancy agreement?

2 Who said that and how quickly was the work to be done?
Customer: replied 5 years ago.

1. Yes an ASTA.

2. The letting agent said it would be cleaned when He accompanied me to view it . It also is written on my Tenancy offer and reservation fee receipt - property to be cleaned.This is dated 27th Dec and I agreed to move in on Thurs 3rd or Fri 5th Jan

Expert:  Jo C. replied 5 years ago.
So was it not agreed that it would be cleaned or repaired before you moved in or within a certain specified period of time ?
Customer: replied 5 years ago.

I assumed that it would be cleaned before i moved in . When I pointed out the fact that in my opinion it hadn't -with photographs and showed the landlord when he visited he said he had paid for it to be cleaned and would take it up with the cleaners- subsequently he said that it had ended up in a shouting match - but didn't give me a solution or evn thank me for doing what i had done- which was a lot

This is all time consuming - do I have any rights at all in this respect

Expert:  Jo C. replied 5 years ago.
It depends really.

Whichever way you look at this, the property was in this condition when you moved in and you did move in with full knowledge.

Obviously on your account, it was not in a suitable condition but the right thing to do really would have been to refuse to move in at that time until the matter was put right.

He will argue that you accepted it in its current form.

You could pay for a professional clean at this stage and then try to reclaim it from the landlord. You would need to prove the condition of the property at the time that you moved in. It might be possible to do that. In fairness, the landlord doesn't have an inventory either so he is not in the best position.

Sorry if thats bad news but thats your position and I have to give you truthful information.