Can anyone offer advice?

Good Morning Samantha!

Thank you for your reply too!

Yes our deposit was logged with the deposit scheme, unfortunately.

So I’ve since found out through my own hard research the property does have a gas certificate, but the agency only ever supplied me the service record. Considering they had one I really wish they would of responded to my requests for it rather than blank me and make my life difficult.

Therefore they most likely do have a EICR just I’m not able to locate that, and again they don’t answer me. I did report it to the council and the department that dealt with it really wasn’t that interested, I advised I’d been ignored despite repeated requests and their response was ask them again… I contacted the top office in the council who were more interested though and have seeked advice from their legal department.

I reported the agency to The Property Ombudsman service which I’m still awaiting to hear back from although I have been allocated a case number. As in the agency’s final response they listed all matters as non urgent and wear and tear, which is such a cop out… Although since they are aware it actually went to the ombudsman they have now offered someone to come look at the window, and electrical socket and cover the cost of the rear door panel…

Part of me thinks that’s a diversion as they don’t have EICR and plan to do one or just to take the sting out of TPOS report that will come… Maybe I’m over thinking things though?

I did a subject access request and they haven’t responded to that in the way they should so will refer the matter to the ICO.

Two letters to the landlords explaining everything and agency replied saying their stance hasn’t and won’t change.

But to be honest we’ve given up all hope, it looks like we’re just have to wait for legal aid when the S.21 kicks in and hopefully presenting all this at court will do something positive for us, because I believe we’ve been unfairly treated.

You should be aware that if you force the landlord to court with claims that you can’t support with hard evidence or that the judge considers of little consequence, you will end up paying all the legal costs for both sides, which could be quite a substantial sum.

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Hi David,

We have photo evidence and an email trail with proof of all stated.

Sorry to clarify what I meant was when issued a S.21 we will be able to put across what has happened in court.

Thanks

I think he just meant whether it was relevant that the owners didn’t live there immediately beforehand, which he could prove.

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We have found somewhere ideal for us.

However obviously our contract is until December.

We paid six months rent upfront when we moved in which covered all up until the end of June.

The new place is available at the start of June.

We know we will lose our June months rent and that’s fine.

If we move out, breaking the contract, giving all the above issues, how likely is a landlord to chase us for the remaining 6 months rent that was on our contract?

Will our deposit be lost too?

Thanks

It depends entirely on the landlord.

Sorry I completely forgot, in April, the agency wrote us, which we have a copy of the email, stating:

The landlord is agreeable to consider ending the tenancy early, we suggest you find somewhere suitable and put the offer to the landlord.

Now the agency have stated the landlord will not agree to an early ending. They will also not provide us a reference.

You have been treated very shoddily. Phone up the council and Shelter again. See if they think the poor condition, mould etc. can be used as a reason to relocate. Long shot I know but discuss it with them.

Suppose you have shown bank statements etc with rent going out each month.

Can the agents write you one?

Very sorry for your ongoing saga.

What do you think you will do?

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There are private solicitors who offer tenant services sometimes for free (i believe).

They might be able to draft a strongly worded letter to the landlord regarding the lack of repair, mould and there being vulnerable people involved who cannot live in these sub-standard conditions.

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Hi Dylan!

I’m sorry to hear about your situation. Everyone fights his own personal battle, but yours seems to be a bit more difficult than most.

If I’m not mistaken you have never answered anything about Shelter, though a few people have suggested it. Sorry for accenting that again, but I think this is your best bet. They might be so cruel, that it would be you trying to stop them out of pity for the landlord.

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Hi Andy

Thanks for the message (and others).

Yes I tried to contact shelter but I assume due to staffing levels they were only taking calls for the most serious cases of people in critical stage.

Thanks

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It could have been just bad luck (i.e. wrong person and/or in a wrong mood). It might be worthwhile to try again…

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The agent’s email suggests the landlord has hedged his bets by saying he would only ‘consider’ ending the agreement early. I think its worth getting some legal advice from Shelter or a solicitor, but I’m not convinced that much could be done or that Promissory Estoppel could be used to prevent the landlord changing his mind.

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I’m just close to a mental breakdown to be honest. I’m exhausted from it and broken.

I have spent the afternoon trying to contact Shelter without luck but will try again tomorrow.

Exact wording was:

“ The landlord has said they would consider an early termination, I would suggest that should you find something suitable we contact the landlord straight away and propose dates etc for the landlord to agree”

Yes open to interpretation, we’ve now just lost that holding deposit too.

The agent has refused to meet with us face to face, stating they don’t want things to escalate, but then state we take emails out of context.

I’ve now informed now, that through all this messing us around multiple times that no rent will be forthcoming until we’ve spoken to the agency and the landlords face to face to resolve issues, because they are just playing with our lives and being unfair.

I’m so close to breakdown though :cry:

Just to add, properties in my area all go within a day. Especially any decent one. Whereas the agents always take days to reply to us.

Why would you tell someone to start looking if there was no intention.

The one we applied for we were shown before they listed it later that same day.

I know our actions aren’t right here with holding rent going forward but we’re being given nothing and basically being made a fool off.

Hi Dylan,
Please try and contact the council too, although I realise you are at the end of your tether.
They will vary some not bothered but the one we had to deal with hated landlords and went out of their way to make life as unpleasant as possible so you may get lucky.
Report the damp, condensation etc. make the landlords life as difficult as possible and he may relinquish you early.
Some solicitors will give a free initial interview. Might be enough to get some information.

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I would tell them that I am considering subletting as I cant stay there personally. I would add that I am approaching the Council as they have people in desperate need. That should focus their minds.

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Hi all,

I am trying shelter again now. But basically the agent refused to deal with me now any further.

Won’t meet me at his office or my home as he says I’m aggressive. I am not and never have made a threat of any kind, I am just frustrated.

I said to him I am going to the landlords as he has misled us again, I need to speak with them as he refuses to do so.

They were not home so posted a letter. I got an email from the agent, saying I am harassing the landlord and that this is very threatening behaviour and I have no right etc

All communication must go through them (but they refuse to deal with me)…

I’ve said that now one of two things will happen

  1. I will have to move and sublet
  2. I stay and hold the rent until we speak with the owners as he is a proven liar.

Ask the redress scheme or the property ombudsman to get involved
They can mediate on your behalf

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We have already. The waiting time for a response is five months