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Lawry
Lawry, Solicitor
Category: Law
Satisfied Customers: 261
Experience:  Expert
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I would like to gain some advice regarding my tenancy. I

Customer Question

Hi- I would like to gain some advice regarding my tenancy. I moved in 6 weeks ago and have had no hot water in the bath. I have been messed around by the building management company time and time again. The issue has still not been resolved . I need advice how I can teminate or make them pay for fees that I have had to stay elsewhere thanks so much
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have full email trails - have been in communication and have proof of being lied to 4 times by the company.
JA: Where is the property located?
Customer: Chelsea, London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, thank you
Submitted: 16 days ago.
Category: Law
Expert:  Lawry replied 16 days ago.

Hi,

My name is ***** ***** I will try and help you today.

I am sorry you are experiencing these problems.

Customer: replied 16 days ago.
Flat 141, Nell Gwynn House
RE: Elliot McKenzie, Tenant Complaint• I had a viewing of this property at the start of April 2021, I was told that the bills were around 100pounds as all is included etc by the letting agent. Agreed to take the place and move in from 1st May 2021. I clearly explained the reason for apartment is to destress and spend time away from my job. I work in hotels and have been staying at my hotel for 6 months due to pandemic. I wanted to be away to relax.• The day before I was due to collect my keys I had a call from a plumber saying they needed to fix the apartment toilet, I said sorry contact letting agent as I haven’t moved in yet. The same evening I had another call from a plumber saying “hi mate what’s the address of your apartment”, I said I’m not sure sorry as haven’t moved in yet. He spoke to me rudely and said “What you don’t even know your own place, Thanks for your help mate useless” . I checked address and called back and he said “Don’t worry it’s sorted. And Oh, good luck with that apartment!” I emailed agent and said A) what is going on and what is wrong with the apartment and B) I’m concerned about how I was spoken to and with the sarcastic good luck with the apartment. They came back saying sorry you shouldn’t have had the calls not to worry about it and it had been fixed.• I then had a text on 5th May saying a plumber will be in touch to arrange the works, I questioned with the building manager Sigrid as she had told me that it was already resolved, and she said a plumber has identified there is still an issue so would need to get fixed.• 11th May I went to the apartment to stay for the first time, I found a number of issued with the place that weren’t visually aware when I viewed the apartment. The toilet roll holder was not even connected and just fell of the wall when I put the toilet roll on it, all of the blinds were smashed and bent but were hidden by curtain when I was first there, the draws in the bed do not open and close properly, the microwave doesn’t spin properly and generally poor maintenance in all areas. The place hadn’t even been cleaned properly there were hairs in the cupboards and on floors, pictures taken and sent to agent again just an apology.• The main issue was on 11th when I went to ran hot bath water nothing came out. I raised to Sigrid property manager again as this makes the apartment unlivable, the basics are to have a hot bath in a 1,200 a month apartment. After 9 days of chasing and various people looking, she came back to me on Thursday 20th saying “Please note that we have instructed a plumber to attend to the bath and the toilet roll holder. They will update me on when they can attend tomorrow but as they might have to order the bath tap they were not able to attend today.”• On The Friday 21st I had email asking if they could let them attend and I confirmed yet plumber can go in.• I heard nothing. I went back to apartment on Tuesday 25th I went back to the apartment, it had STILL not been resolved and I had heard nothing. Sigrid building manager called me and said very sorry delays because of COVID. I explained there is “no excuse, it has been 2 weeks since no hot water in bath and you blaming covid”. She said “can you put this in an email to me”, I said “I did last week and you didn’t reply, she said sorry I was off sick” again not my problem. I asked for rent reduction for EVERY DAY from 11th May that it has not been resolved. She said she would put me in touch with her supervisor and this would get resolved.• She replied to me on Wednesday 26th saying “Please note that the engineer would like to attend this Friday to replace the tap, given they receive the new part by then. They will be in touch with you.” I said ok yes it’s fine send them in.• On the Friday 28th again I heard nothing and I chased her via email saying where is the plumber and she replied
In regards ***** ***** bath tap, our contractor is experiencing a delay to have the part delivered. They will get in touch once they have it to attend.• Engineer called me on Monday 31st saying can I come to the apartment tonight – I said yes it’s fine. On Tuesday 1st I went to check, the tap has been replaced but issue is STILL not resolved, there is still no pressure and hot water. I asked to hear from her supervisor as she promised me on Tuesday 25th – a week later and I still had not heard anything from them.• On Friday 4th – 3 days after informing them it STILL had not been resolved I had the below reply Please note that I have just spoken to building management who has attended to investigate the issue further.They believe the issue could be coming from pipes underneath the raised bedroom floor and will be attending next week to start and hopefully complete the works. Please can you get in touch with him on either of his contact details below to let him know when would be a good time for them to start the works.
Expert:  Lawry replied 16 days ago.

If it is a fixed term tenancy, you cannot terminate without the landlord's permission or you will remain liable for the rent for the full contractual period or until they find a suitable alternative tenant.

If the tenancy agreement has a break clause you can utilise this to leave early.

Customer: replied 16 days ago.
8226; At this point I also asked for an update from the supervisor , update on my rent reduction, and at this point demanded that I also had compensation for the time , energy and stress this whole situation has caused me. Again got a useless reply saying we need to resolve this before we can estimate the rent reduction.• It is now 7th June and I’ve had an email from the building company saying they need to take up the floor and access pipes under the bed and will hopefully be resolved this week. This is a month now since I raised the issue.• In over a month, you can see they have messed me around – lied – wasted my time over and over again instead of giving me honest and open updates. The supervisor is not replying to me, they are not answering my rent reduction demand, they are not explaining to me my compensation. It’s a distaster.• In my contract states the landlord should keep all plumbing in good working order, they have failed to do this and for over a month this hasn’t been fixed since raising.• I’m a young hospitality professional, I suffer from general anxiety disorder due to my pressures around life and work. I see a therapist weekly and have spent most of the past month with even more stress and pressure before I signed up to this apartment. You can see the amount of time energy I’ve wasted on this. Another month I’ve had to live and pay to be in my hotel. Another month not having the break I deserve and need. This was the complete opposite of why I chose to move to this apartment.• The way that Foxtons have managed me and the whole situation since I started this agreement. They have caused me nothing but more stress and anxiety. Lies lies and more money spent. I’ve had to pay 50.00 a night since 17th to stay at a hotel (1,000 pounds), I’ve had to pay (1,200 in apartment that I haven’t stayed in) and 200’s worth of bills.• Not to mention that the 100 pound a month bills was a lie by the agent, as council tax alone is 90 pound.• After a month of stress, chasing and all of this drama I still don’t have working hot water or an update. All I’ve been told is that they need to rip up the bedroom floor and it “should” be fixed this week. They’ve been telling me this for weeks and I just don’t know what to do honestly.
Expert:  Lawry replied 16 days ago.

You cannot withhold rent but can claim compensation.

Customer: replied 16 days ago.
Hello thank you for your help. Please can you take a look at my 2 messages above - this explains whole situation and can you kindly advise me what to do.
Customer: replied 16 days ago.
you are suggesting that I need to pay the rent due
Customer: replied 16 days ago.
Hello
Expert:  Lawry replied 16 days ago.

Thank you for the detailed history.

If you do not have hot water for two days it is considered a health hazard.

You are entitled to compensation and should refer Foxtons to their professional association or the Letting Agency Redress Scheme.

You remain liable for the rent unless the property has been rendered uninhabitable.

Having now read your detailed account I think it has.

Further, you may have a claim for misrepresentation as you incurred expense and acted to your detriment in reliance on the agent's assurances about the property.

Customer: replied 16 days ago.
Thank you for your help. I have hot water from the sink and shower - I just do not have hot water from the bath. Does this change anything?
Expert:  Lawry replied 16 days ago.

Unfortunately, yes but you still have a claim for compensation and should refer Foxtons as advised.

Customer: replied 16 days ago.
is your advice to claim compensatoin for misrepresentation as I incurred expense and acted to your detriment in reliance on the agent's assurances about the property under the grounds of Water supply problems
Customer: replied 16 days ago.
I would claim this against FOXTONS the company and not the landlord. Should I address this with them directly or get a lawyer to make the claim? Thank you
Expert:  Lawry replied 16 days ago.

Against the landlord.

Probably better to get a solicitor.

If you call the Law Society on 0207(###) ###-####they will recommend local firms who can help.

Expert:  Lawry replied 16 days ago.

Yes correct.

Expert:  Lawry replied 16 days ago.

Also claim for the failed services a breach of the tenancy conditions.