My wife and I recently signed a 12 month tenancy agreement on a property we intend to move in at some point in the not too distant future.
We viewed the property once before signing the agreement.
Upon getting the keys 10 days ago a number of things have been observed by us since going in there to get ready to move in. The reason there is a delay to move in is that we are selling our house and have exchanged but not completed yet.
The log burner has most definitely not been swept and there is also a clear gap showing when the door is closed.
There is a loft conversion for the main room which was completed circa 2017. There is no fire door or any door at all for that matter on the top floor. There is a door at the bottom of the stairs in the old room where the staircase now is but this is not a fire door.
The 2 en suites have no doors on them
It was supposed to have been professionally cleaned but clearly hasnt.
In an ideal world we would like to give this tenancy up as we dont think its fit for purpose but would really like some advice before taking matters further. We are very disappointed
If youve taken the keys and accessed the property since, it would be very difficult for you to argue that you have not taken possession, which would mean your tenancy has begun and you are subject to its terms for giving notice. You could try to do this by arguing that you havent moved in yet, but if your landlord doesnt accept it, Id suggest you get a proper legal opinion before taking it further.
Even if the tenancy has not begun, you are still under contract and liable for the rent until the landlord can find a replacement tenant.
Your other possible avenue is to use consumer legislation to unwind the tenancy and get a full refund on the basis that the property was not as described. This may or not be successful depending on the detail of how it was advertised and the process of renting it.
If this fails you could ask the landlord to fix the problems you describe and if he refuses, ask the local authority environmental health officer to inspect. They can force the landlord to fix any major problems.