Hi, first post, I’m after some advice.
Basically I signed a sub-contract agreement to rent a flat. should the landlord have provided me with deposit protection information, energy performance information and a copy of the properly licence as I have had nothing at all.
I moved out after a couple of weeks and handed the keys back as it wasn’t fit to live in, every window and door was letting air through when closed, the electrics were defective and dangerous, and it had penetrating damp, there is no gas supply to the property.
I wonder where I stand as I don’t think the contact is binding as I wasn’t provided the necessary information, I’ve informed the local council I moved out and they billed me for the short period I was there, but I am now told I’m still liable as there is a month’s notice period, but again, if I wasn’t provided the info above, can they do this?
I’m resigned to losing the 3 months rent unless they get new tenants in now the works been done, but just wanted a bit of clarification where I now stand.
Is this in England and did you sign an assured shorthold tenancy agreement? If so, what date did you sign it and what was the fixed term?
Penetrating damp and every window and door letting air through when closed is obvious when you viewed the property and signed the contract. In what way were electrics “defective and dangerous” and what did the gas company say about the lack of supply when you registered with them?
Yes, England
As for the gas, I was pointing out it doesn’t have a gas supply so no certificate needed, that’s all.
The penetrating damp wasn’t obvious until the first time it rained as it had been decorated prior to moving in, same with the windows, when there was a storm it was whistling a tune throughout the building, it wasn’t obvious on the viewing. I found after moving in that the plug sockets were loose, one fell off the wall, another burnt out internally.
I have no idea what an assured contract is, I just signed what appears to be a self written contract between me and the attached business.
The council billed me from the day I signed until the day I told them I’d left. The landlord sent a message saying I’m still in my tenancy and why have they got a new bill from the council from the day after I left when I’m still in my notice period. Kinda obvious why to me but…
OK. Thanks for the details. They’re helpful. You listed no gas supply at the end of a bunch of complaints so that’s why I assumed it was an issue rather than a description.
Looks like you’ve learned some valuable lessons about what to look for when viewing rental properties… esp recently decorated ones.
I’m confused as to who your LL is. You have mentioned again, twice, that the council are billing you. Unless it’s council tax, what are you paying them for?
Sorry, they billed me for the time I was there, the landlord is now asking why they have a bill from the date I left and that I have to pay until either my months notice is up or they find a new tenant. I’m not going to argue the toss on that one tbh.
Yeah, it’s a pig with lipstick for sure, I just hope they play ball and refund me from date a new tenant moves in but I was wondering what info I should have been provided with as it all seems a bit dodgy in hindsight.
It’s a bit difficult to comment without understanding the type of contract you signed. Why is it a sub-contract if you were renting the property direct from the landlord? Does your contract mention “AST” or “Assured Shorthold Tenancy” anywhere? Did you pay a deposit? You mention “the attached business” - are they the letting agency, or do they own the property you’re renting? Sorry for all the questions, but in order to answer you on where you stand is dependent on knowing what you signed etc.
Also I am pretty certain that if you have notified the council that you have left the property and have officially surrendered your keys to LL, then you are no longer liable for the council tax - I’m sure someone will correct me if I’m wrong on this.
That is correct as you are no longer living there, even though you are still liable for rent. Not many LLs know that!
The OP mentions he didn’t get deposit paperwork. But if he left after 2 weeks then the LL possibly still has time to serve him it. That’s why I asked for dates which Mr-G has not yet supplied.
It has passed a month from signing, although I do have my deposit back, just not the rent as I was asked to pay 3 months in advance and lived there less than 2 weeks, is there anything official I can link the landlord to about not being liable for the council tax now I no longer live there and have handed back the keys?
The contract had no mention of AST in it. The deposit was held in the business account of the shop the flat is above, it was not done via a letting agency. I was told by a friend who is a landlord that it should have been held in a deposit scheme regardless with it being a landlord renting a flat to me as a subcontract tenancy.
Yes regardless. And if you weren’t provided with any paperwork for the deposit then the LL was negligent and can be sued for that. Not suggesting you do that, but you could use that as leverage if you need it. However, I’m not sure the LL owes you anything nor whether you owe the LL more rent because we don’t know the terms of the contract you signed.
Does the contract mention anything like a “fixed term” i.e. a minimum period you are contracturally bound to pay rent for? If it says three months, then the rent you’ve paid is theirs and that’s that. But typically, it’s six months so you need to read the document carefully. If it’s six months, then you’ll owe them. You might be able to come to an agreement at that point that in return for you being able to walk away, you’ll not pursue the lack of deposit paperwork.
If you’re not living there because you’ve handed back keys and the keys have been accepted, you’re not liable for council tax. The LL should know that. Simply point out that this is the legal position and they can ask the council to clarify this for them if they want.