Propert Lawyers - quick help needed
Propert Lawyers - quick help needed
Author
Discussion

maxf

Original Poster:

8,444 posts

271 months

Tuesday 20th December 2005
quotequote all
I'm supposed to be taking over a flat today (standard AST tenancy) but have run into a hiccup (or 3).

We signed the lease about 3 weeks ago and added (with the agent) several obligations for the landlord to fulfil - some new locks, a repair that needed doing and a new shower.

It turns out that the LL has not done any of these things and is citing some, frankly, shakey excuses.

Where do I stand? He has clearly not performed as he should have done and the flat is not ready. I am concerned that this is the start of more problems (ie if he isnt bothered now, what happens when something needs doing when we are in occupation).

Anything I can threaten him with - non-performance? What are the remedies? Is the contract void (can it be)?

Any help or suggestions very gratefully received.

john75

5,303 posts

277 months

Tuesday 20th December 2005
quotequote all
Breach of contract therefore if you want to can get out of the contract through frustration.

maxf

Original Poster:

8,444 posts

271 months

Tuesday 20th December 2005
quotequote all
Deposit is held by Foxtons rather than him - so you are probably right!

It's not a cheap flat and frankly, from his address I'd assume the works were pocket change to him so didn't forsee a problem.

I assume the worst thing I could do from a legal standpoint would be to take the keys anyway?

vixpy1

42,699 posts

294 months

Tuesday 20th December 2005
quotequote all
maxf said:
Deposit is held by Foxtons


Steal the agents mini!

maxf

Original Poster:

8,444 posts

271 months

Tuesday 20th December 2005
quotequote all
anonymous said:
[redacted]


Thanks.

maxf

Original Poster:

8,444 posts

271 months

Tuesday 20th December 2005
quotequote all
No, never rented before!

Lease is signed (although questionably as they let me do the alterations then send it back signed!), but he hasn't done his bit now we come to take occupation.

superlightr

12,920 posts

293 months

Tuesday 20th December 2005
quotequote all
do you have somewhere else to go?

No? then move in and write to them giving them 4 weeks to sort out the problems. If they dont tell them you will arrange for it and deduct from the rent. Do all this in writing.

Yes? Then how much holding fee have you paid? How much of this will you get back if you dont goahead? Can you afford to lose it? Do you want to take it up via the county court?








stumartin

1,706 posts

267 months

Tuesday 20th December 2005
quotequote all
anonymous said:
[redacted]


Sounds fair advice given who you're dealing with. Just to clarify though - you do have your requests for work/odds 'n' sods in writing and in the tenancy agreement, don't you?

stons eh. Shambles. Cynicism reigns supreme when such a company can make so much money from exploiting and bastardising the golden rules of good business practice that the rest of professional London employs at work.