Rental Agency Issue - Should She Pay Outstanding Invoice
Rental Agency Issue - Should She Pay Outstanding Invoice
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Fastchas

Original Poster:

2,743 posts

137 months

Tuesday 28th January
quotequote all
My step-daughter moved into a city centre duplex furnished apartment in Birmingham last July.
From the moment she moved in, she experienced issues with the agency.

The boiler wasn't turned on, with no instructions of how to use it.

The apartment wasn't cleaned, or certainly not before she moved in. It took her and her mum all weekend to clean the black dust from each surface (it has a lot of exposed brick, being a converted factory).

The washing machine didn't work. She tried & tried but it wouldn't cycle. When I got there, the whole drum was covered with what we thought was cat hair. The impeller was blocked with long black strands and hair bobbles. It's evident that the previous tenant was black and washed her weaves or wigs in the washing machine. When we moved the machine out, the floor underneath was coated with the hair.

Then there was heating /boiler issues. She was advised that the boiler needed topping up from time-to-time as there is a leak in the underfloor heating somewhere that cannot be located. This turned into topping up the boiler each day (sometimes twice!) in the bad weather.

The last straw was when she returned home from a weekend away to find the apartment at 12deg. when it was <0deg outside.

After complaining again to the agency, she reminded them of the Tenancy Act, and that they were breaking the law by not providing heating and hot water. She was advised by a friend that by law, when the outside temp is -1deg, then it has to be 18deg inside. This was contravened on several occasions.

The agency has agreed to end her tenancy early. She will move out tomorrow, and won't have stayed there since last Friday when they agreed she can leave. She moved back home last night.

The agency has issued a final invoice of some £400 (her rent was £1850pm).

I have told her NOT to pay this as the agency are charging her for a property that is clearly illegal to rent out.
She can pay this invoice but it is the stance of the agency behind it that boils my piss. They have been awful to deal with, very slow to respond despite several chases and don't seem bothered that the flat is uninhabitable. The have even RELISTED the property before she moves out. The boiler issue is still not resolved.

Would you advise that she pays up or let them know she isn't paying another penny?



Edited by Fastchas on Tuesday 28th January 13:29

No ideas for a name

2,641 posts

102 months

Tuesday 28th January
quotequote all
Fastchas said:
The agency has agreed to end her tenancy early. She will move out tomorrow, and won't have stayed there since last Friday when they agreed she can leave. She moved back home last night.

The agency has issued a final invoice of some £400 (her rent was £1850pm).
What period does the £400 relate to?

Fastchas

Original Poster:

2,743 posts

137 months

Tuesday 28th January
quotequote all
No ideas for a name said:
What period does the £400 relate to?
I believe for the remaining of the month. Her rent gets paid on the 27th of each month, so prob from last Friday. She cancelled her DD last week.

Edited by Fastchas on Tuesday 28th January 13:31

bennno

14,031 posts

285 months

Tuesday 28th January
quotequote all

Did she leave a tenancy deposit? If so then the agent will legitimately deduct it from that.

Countdown

44,832 posts

212 months

Tuesday 28th January
quotequote all
bennno said:
Did she leave a tenancy deposit? If so then the agent will legitimately deduct it from that.
I didn't think they could do that if the accommodation wasn't habitable?

Fastchas

Original Poster:

2,743 posts

137 months

Tuesday 28th January
quotequote all
bennno said:
Did she leave a tenancy deposit? If so then the agent will legitimately deduct it from that.
They hold about £2300 in deposit.

bennno

14,031 posts

285 months

Tuesday 28th January
quotequote all
Fastchas said:
bennno said:
Did she leave a tenancy deposit? If so then the agent will legitimately deduct it from that.
They hold about £2300 in deposit.
so the likelihood is they'll just deduct the £400 from that if she short paid.

Fastchas

Original Poster:

2,743 posts

137 months

Tuesday 28th January
quotequote all
bennno said:
Fastchas said:
bennno said:
Did she leave a tenancy deposit? If so then the agent will legitimately deduct it from that.
They hold about £2300 in deposit.
so the likelihood is they'll just deduct the £400 from that if she short paid.
This is also my thinking that I have relayed to her. I would argue with them that they are charging for a uninhabitable property which is clearly against the law.
They have also not offered any compensation (why would they voluntarily)?)

Road2Ruin

5,958 posts

232 months

Tuesday 28th January
quotequote all
Fastchas said:
bennno said:
Fastchas said:
bennno said:
Did she leave a tenancy deposit? If so then the agent will legitimately deduct it from that.
They hold about £2300 in deposit.
so the likelihood is they'll just deduct the £400 from that if she short paid.
This is also my thinking that I have relayed to her. I would argue with them that they are charging for a uninhabitable property which is clearly against the law.
They have also not offered any compensation (why would they voluntarily)?)
It's not uninhabitable, though. Things in the apartment might need fixing, but nothing has made it uninhabitable. The 18c thing is a recommendation, but not law, as far as I am aware. Even if it were then the landlord, if the boiler wasn't working, could lend you fan heaters etc.

markiii

4,053 posts

210 months

Tuesday 28th January
quotequote all
she couldn't figure out how t turn the boiler on?

journeymanpro

874 posts

93 months

Tuesday 28th January
quotequote all
And this is the reason the country is going down the pan.

Dingu

4,891 posts

46 months

Tuesday 28th January
quotequote all
Road2Ruin said:
Fastchas said:
bennno said:
Fastchas said:
bennno said:
Did she leave a tenancy deposit? If so then the agent will legitimately deduct it from that.
They hold about £2300 in deposit.
so the likelihood is they'll just deduct the £400 from that if she short paid.
This is also my thinking that I have relayed to her. I would argue with them that they are charging for a uninhabitable property which is clearly against the law.
They have also not offered any compensation (why would they voluntarily)?)
It's not uninhabitable, though. Things in the apartment might need fixing, but nothing has made it uninhabitable. The 18c thing is a recommendation, but not law, as far as I am aware. Even if it were then the landlord, if the boiler wasn't working, could lend you fan heaters etc.
And this is why the law is strengthening in favour of tenants due to letting agencies and landlords taking the piss.

Fastchas

Original Poster:

2,743 posts

137 months

Wednesday 29th January
quotequote all
The boiler issue was fixed yesterday, so her final two days mean that the place is toasty warm. But this will also mean that she has no alternative but to pay the remaining invoice.

markiii said:
she couldn't figure out how t turn the boiler on?
She didn't know it was turned off. A 21yo, in a new place, with all the stress of moving in, having to clean the place for them.
And it wasn't that easy. There were also valves in multiple places which enabled the underfloor heating to be turned on, which she didn't know about. As I said, no instructions were left.

Mr Pointy

12,571 posts

175 months

Wednesday 29th January
quotequote all
journeymanpro said:
And this is the reason the country is going down the pan.
Posts like yours are why PH is going down the pan.

The flat was clearly in no fit condition to be rented out & I wouldn't pay anything.

DorsetSparky

421 posts

26 months

Wednesday 29th January
quotequote all
Fastchas said:
She didn't know it was turned off. A 21yo, in a new place, with all the stress of moving in, having to clean the place for them.
And it wasn't that easy. There were also valves in multiple places which enabled the underfloor heating to be turned on, which she didn't know about. As I said, no instructions were left.
You say 21 like she's three.
Google it? I mean seriously, how do people function nowadays....

All the stress of moving in? That's life. I'm sorry, but this is part and parcel of being an adult. At 21, she's been it for three years.

markiii

4,053 posts

210 months

Wednesday 29th January
quotequote all
coudn't agree more
.
be no different if she'd purchased. figuring out the heating is a basic