Can I legitimately get money off my rent?

Question

We just moved into a new house and when we did the place was filthy - walls dirty,carpets muddy, cobwebs everywhere. We were told it would be clean before we moved in. Also, when we viewed the property I specifically asked if a big under-stairs storage area had damp, and the agent said no. However, on moving in, it is so damp the door is actually rotten (and because of this, very difficult to open) and whenever you touch the walls paint comes away on your hand.

We have thus had to spend lots of time on cleaning and decorating, and buy additional storage (it's a furnished flat) and I have not had time to work all week (I am freelance).

My mother reckons we are within our rights to ask for two weeks rent free to make up for the time and money we have spent on this, and I wondered what our prospects were.

Has anyone ever done this?
Does anyone work for a property management company?
Any Advice?

Answer 1

Diffidently ask.
Nothing ventured nothing gained.

Answer 2

Did you look at the schedule of condition? Did you sign the schedule of condition? You normally have a few days from the commencement of the tenancy agreement to submit any problems.
Did you inform the agents as soon as you opened the door and found the condition? What was their reply?
Did you not see the damp problem yourself?

The Estate agent is probably not a qualified surveyor or timber and damp specialist so he only saw what you saw!

Have you taken digital photographs of the evidence?

Have you kept any receipts of cleaning materials purchased to carry out the cleaning?

Surely you must of noticed the condition of the walls!!

Legally you cannot withold rent this will mean you will be in arrears and this could affect your credit score or ability to rent another property in the future!!!
Firstly find out if the agents are manging the property or is it on a tenant introduction only. Speak with the agent and get the property professionally cleaned if it is managed by them or if you are happy with the cleanliness give them the receipts and ask for a refund.
If it is not then speak with the landlord and voice your concerns He/She may be more than happy to rectify any problems quickly and give you a refund on the cleaning costs.

Your Mother is incorrect. You do need to take the correct procedures to ensure these problems are sorted out quickly.

Good luck I do hope you sort this out amiably

Answer 3

You can ask, but it's probably too late now. The proper time to complain was as soon as you walked through the door and saw the condition of the unit. Since the place was not ready for occupancy you would have been in a position to demand that they put it right immediately.

As to the storage space, you should have checked that out when you first looked at the premises.

Issues such as this are completely avoidable if you perform a joint move-in inspection with the landlord or their representative. You should always demand such an inspection and refuse the keys (and refuse to pay the initial rents!) unless this is done.

Answer 4

When i had the keys to my flat back in October to tidy up before i moved in, it too was in a filthy state. My parents helped me scrub and it was really hard work. I had my landlord call round to check on the electrics and while he was there he asked how everything was and i told him that when i leave i could basically trash the flat and still expect my deposit back because it was so bad. In return, he sent me a cheque for £100. Also, i told him that there was no way that i would use the cooker because it was so thick with grease, despite spending ages cleaning it. He ordered me a new cooker. A few months later, i also discovered damp in the back bedroom which had started to make my clothes mouldy. He brought round a de-humidifier and gives me a cheque of £10 a month to cover the extra costs. As the council owns the exterior of the property, i have had them call round to look at the damp and they have made some recommendations - i'm still waiting on this one.

It seems to me that my landlord was so desperate to have someone take the flat that he is willing to compromise on costs in order to keep me there. So i guess it all depends on how understanding/desperate your landlord is.

Answer 5

Any verbal assurances you were given by the rental agent are worthless. You may have a rental agreement, a form of legal contract, which has terms and conditions, which you signed when you made the deal to move in. Both you and your landlord are bound by those terms and conditions. In addition, every municipality, and every state, has laws governing the responsibilities of landlords and tenants, which are all that apply if you have no formal agreement, lease, or contract, and apply in addition to, or in some cases despite, the terms of your rental agreement or lease.

If you incur expenses to make your rental livable, when it is your landlord's responsibility to make it livable, you are entitled to reimbursement for your costs. This reimbursement can take the form of a period or amount of "free" rent. However, unless the property was not as represented by the agreement, or not in compliance with local ordinances, you do not have an absolute right to this compensation. You are usually not entitled to compensation for inconvenience, unless the defect is a violation of local law. A building inspector will let you know if the property is below standard, but may, if it is far enough below standard, condemn it, requiring you to move out. A trip to the nearest law library, or a consultation with a lawyer, will let you know what your rights are as a renter, subject to the agreement you signed, if any, and the statutes that apply where you live.

If you do not pay, and the landlord demands you pay, you may be subject to eviction, On the other hand, if you have an actionable case, you can take it to small claims court (if the amount is small enough) and have the landlord ordered to compensate you. In some states (i.e., California), rental laws favor the tenant, in others (i.e., New York), they favor the landlord.

Answer 6

This is made a little more difficult due to the fact you have already done all the work to set it straight, should it ever happen in the future I would try to sort it out first!

However, you are not entirely without hope. Rather than me copying words verbatim, have a look at this website which gives a good overview of the legal position you are in:

http://www.adviceguide.org.uk/index/family_parent/housing/disrepair_in_rented_accommodation.htm

Essentially, however, there is no particularly guarantee that you will get money back.

The first point to start with is you tennancy agreement, which should make reference to responsibility for repairs. It may be that something is expressly mentioned about cleaning and damp.

Second, I would start negotiations with your letting agency. There are various tactics you can employ here, but it is very important to be firm be civil. There is no point in being offensive and upsetting anyone, just report your legitimate grievances and say what you will be willing to accept as repayment. Although there is no overarching legal obligation for them to listen to you, it may help to use one (or all) of the following tactics:

* Use your damage deposit as levarage. Make it clear that if this is the condition they hand the flat over to you in, this is what they will receive it back in. If there are disagreements over the deposit you will be prepared to take whatever action is required to get it back in full (this would really help if you have photos of the state it was in).

* If appropriate, say you are willing to go to the local authorities due to genuine concerns about your health. If it is very damp you are entitled to do this (although its a faff you'd probably all be keen to avoid).

* Appeal to some sort of sense of logic. Explain the house is clearly rotting away, and needs basic repairs in order to sustain it. Say in its current condition you would never consider staying longer than your tennancy agreement, and it will struggle to rent in the future (although don't overdo it as they will know more about what will rent!).

* Make an official point of how disappointed you are that they misrepresented the property. Again, don't overdo it or annoy them unduly, but if they don't appear to be budging make a formal complaint and consider reporting them to ARLA (the governing body for letting agents).

Depending on the type of agreement the landlord has with the agency (i.e. how much they manage the property or just market it) it may be appropriate (and more fruitful) to contact them directly. Afterall, its their investment in the bricks and mortar and they shouldn't want it to be rotting away. It is possible the agency has not kept them informed of this, indeed, if they have a management contract with the landlord - they should be paying for cleaning so the landlord would be interested to hear they weren't!

Essentially, it is possible for you to get some money back. Be as polite as possible, and firm. Agencies are made up of human beings who do care (to a point), and the same applies for landlords. At the very least, if you make it clear you're not going to let this go - they may well relent just for an easier life.

Good luck!

Answer 7

If the owner wants to make you happy and stay for a long time it would be in their best interest to give u 2 weeks free however they are not obligated too once you have signed the contract it's a done deal because you stated that you understood the condition of the property once you signed

Answer 8

GOOD QUESTION...YES YOU CAN. First take photographs of everything. Then call in the decorators. Get the carpet fitters in, and any plumbing or electrical work sorted. Keep the receipts. Contact a lawyer, then slap an injunction on the landlord for negative estate livery. The courts favour a smart cookie, who gets things done.

Answer 9

You should have negotiated this before you took the time off work, but did you make your displeasure known to the agent before you carried out the work? Have you got photos or other evidence that things were this bad?

I would go for it anyway - you won't be any worse off than you are now!

Answer 10

I think it may be too late to anything about it now, your moving in implied that everything was ok.