Legal advice urgently needed PLEASE- private residential let/Estate Agency

[georginamiss]

Hello I dont know if this is the right place to ask and i havent been on the forum for a while but i was wondering if anyone has any legal advice re my current situation. I would be so grateful for ANY advice regarding this i really would!

We have been told 1.5 hours after signing contracts (due to move on 1st December, tomorrow) on a residential letting that the boiler is broken and wont be fixed until next week. These Estate Agents have been awful throughout the whole process and we just want rid of them, even longer story, and this is the final straw! We dont want the property anymore and I am unsure if we have a leg to stand on. I am pregnant and have a 16 month old. We need a house with heating and hot water, not one that may be fixed mid week next week!

I have seeked a bit of legal advice from a few Estate Agents who say that because we havent been given the keys yet we are not legally obliged to move into the property HOWEVER we have signed the contracts! It seems like its a very fine line.

I really dont know what to do. They are SO rude and said that we will just have to wait until next week and are not having any of our money back whatsoever and will either have to move in as planned tomorrow or wait until next week (everything is all boxed ready to go!!!)

Thank you

Georgina

 

[GraemeL]

H I would be so grateful for ANY advice regarding this i really would!a

Hello Georgina,

suggest you post this on the Legal forum for more professional advice.

G

 

[georginamiss]

Many thanks "G"

 

[OldWelshGuy]

I deleted the duplicate, and moved this original thread into legal

 

[georginamiss]

ahh thank you very much

 

[Wild Goose]

Wouldn't it be nice if you were able to name and shame the agents.

They could soon get an engineer out to fix it if they wanted to - there's plenty who would work on the weekend.

Is the agent a member of ARLA or similar? If so, it might be worth a call to complain about the agent's conduct. Maybe they would be willing to persuade their member to cancel the contract and refund your money.

If you do move in, make sure when you eventually vacate that you leave behind a piece of wood with woodworm in the far corner of the attic.

 

[georginamiss]

No they're not a member but that does sound like a good idea! Looks like were going to have to just move in and grin and bear the next 6 months

 

[Cylon]

I'm no expert on residential lettings so hopefully someone will be along who can help further but I believe the landlord has a legal obligation to ensure the property is fit for habitation and no hot water or central heating especially this time of year would render the property uninhabitable.

If it was me I would demand the boiler is fixed before I move in otherwise I would consider the property not in a fit state of repair and the landlord to be in breach of contract.

Have you already paid a deposit and if so is this being help in a tenancy protection scheme?.

 

[Root 66 Woodshop]

Is the boiler electric or Gas?

If the boiler is Gas then by rights they shouldn't have asked you to sign the contract until the boiler was in working order (I'm sure someone will correct me here) Morally speaking of course it is illegal other than anything else to have someone living in a property without a Gas Safety Certificate... All the Estate Agent are after is money, they're not fussed one bit whether or not you have any rights or not... money money money that is all Estate Agents think about.

I am yet to find a decent, honest Estate Agent.

Personally, I'd be on the phone to them right now thanking them for their incompetence and telling them they either put me up in a hotel or I'll be taking them to court, writing to the papers, speaking to my local councillor, contacting trading standards - the works! - simple matter of fact is that with their action they have now put you into the homeless category.

 

[Cylon]

Sorry if this is obvious but due to the cold weather snap we are getting in the UK at the moment it would be unadvisable to move into the property in its current state and if you have any alternative, family friends etc or even post something on facebook for a few nights warmth whilst your house is being made ready.

As AA mentioned if this is a gas boiler you should go no where near the place till a corgi registered gas fitter has repaired, inspected and certified the equipment.

I'm not sure its within forum rules to name and shame the estate agent in question but Is there any way to find out if they are a member of the TPO scheme, if they are more information for complaints at the link below:
http://www.tpos.co.uk/

 

[megotbigears]

I would be carefull what advice you take, because once you sign the contract then you are legaly bound by it. It will not be that easy to get out of it just because the boiler has broken.

Because you havnt moved in you may be able to get out of the contract and lose just the holding/credit search fee.

1st of all you need to put it in writing to the letting agent that you insist the boiler is in a fit state before you move. Also inform them of your position regarding baby. You then have some evidence that you informed the estate agent in case you need to fight them legaly.

As long as there is a valid gas safe certificate less than 12 months old, then im afraid the londlord dosnt have to get a new one everytime the boiler is fixed. He just needs to make sure a gas safe registered engineer fixes it. A gas safe cert has to be done every 12 months.

It sounds like the agent is an ass. Just because the agent is doesnt mean tje landlord is!! The landlord might be good. Once you in, you can request the name and address of landlord and they legally have to give it you within 14days.

The best place to get advice is landlordzone forum. Its a great forum where you will get some instant advice from many experts in the field.



Sent from my GT-N7100 using UK Business Forums

 

[Cylon]

I would be carefull what advice you take, because once you sign the contract then you are legaly bound by it. It will not be that easy to get out of it just because the boiler has broken.

It will if the landlord has not maintained the property in a habitable condition. No contract can absolve any party to it from negligence- in this case there is no hot water thus making the property not fit for habitation.

It would be very easy for me to get out of this contract based on what has been stated.

 

[Cylon]

I should also add that even if the landlord tried to sue no court/judge would ever find against a pregnant woman with a small child moving into an inhabitable property. Whats important here is keeping this thread bumped so this poor woman doesn't have to suffer her estate agents un-professionalism mixed with the landlords neglect.

Whats apparent is 1.5 hours after the contract is signed the tenant is informed of a fault with the property so its reasonable to believe that the estate agent/landlord where aware of the boiler issues before hand.

What annoys me is legal advice being given on this forum whilst tapping away on a smartphone.

IMHO the landlord is in breach of contract, the house is uninhabital, the contract is void and the OP should seek some independant advice before moving in and fast..

 

[megotbigears]

I should also add that even if the landlord tried to sue no court/judge would ever find against a pregnant woman with a small child moving into an inhabitable property. Whats important here is keeping this thread bumped so this poor woman doesn't have to suffer her estate agents un-professionalism mixed with the landlords neglect.

Whats apparent is 1.5 hours after the contract is signed the tenant is informed of a fault with the property so its reasonable to believe that the estate agent/landlord where aware of the boiler issues before hand.

What annoys me is legal advice being given on this forum whilst tapping away on a smartphone.

IMHO the landlord is in breach of contract, the house is uninhabital, the contract is void and the OP should seek some independant advice before moving in and fast..

Sent from my GT-N7100 using UK Business Forums

 

[Cylon]

Sent from my GT-N7100 using UK Business Forums

I rest my case

 

[tony84]

Ive just had a quick read up and apparantly you only get the 14 day cooling off period if everything is done over the internet or letter.

Send them an email, saying you want your money back because you were only told about the boiler after you signed, due to being pregnant its not good enough etc etc had you known you wouldnt have signed up.

Then tell them they have 24 hours to refund otherwise you will be going to trading standards and are prepared to go to court if needs be.

I dont think you actually have a "right" as such but if you threaten them with trading standards im sure they wont want them on their back.