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Exiting tenancy contract due to improper house condition

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131 views 2 replies latest reply: 13 August 2017

Hi everyone,

This is our story in short:

– have recently shifted to a new place and looked for a property available immediately, the agent showed this property on Tuesday where the tenant was moving out on Friday and they agreed to let us in on Sunday keeping the Saturday reserved for professional cleaning.

– when I visited the house first it was stinking and the agent told me that the reason was that the previous tenant was cooking in the kitchen so the smell was because of that

– the agent and the advertisement said that the house was furnished with a fully fitted kitchen, when I visited the house there was tv, microwave  and vacuum cleaner. I asked agent that what all is included, she said it is furnished so everything is there except dishwasher and tv she was not sure whether it belonged to previous tenant or landlord.

– we signed the agreement prior to which I asked about inventory details to check what all is actually there in the house but she said we will get it on check-in day and not to worry as it is a furnished house

– we went in on Sunday with our bags and the inventory guy told us there is no washing machine, microwave, vacuum cleaner and tv.rest was bearable but no washing machine!! There is a communal chargeable washing machine though, he told us. With a baby with us that was our basic requirement.we didn’t know what to do, we checked in but wrote our comments on the check-in sheet and the house was /is stinking bad ..I don’t know what the smell is about..

– later we realized several things like the carpet has not been professionally cleaned, they have dust and they seem ages old, heater when switched on have suffocating smell even they are extremely old

– the agent is saying if we want to move in to a different property , we will have to pay their fees again ..all they can do for us is to adjust the deposit ..

– do we stand a chance anywhere to get our money back/or a place of our choice without paying additional fee/ or this house by resolving the issues it has.

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Honestly, I don’t know if you can get anything. 

By checking in, you kind of accepted the property as is and now it’s going to be very hard to invalidate the tenancy. Even if you do, letting agent fees will likely be requested again, by this agent or another. 

I would consult a solicitor to see if they don’t have an ace up their sleeve. If the tenancy agreement has mention of the missing appliances, maybe there is a way to invalidate the contract and reclaim paid fees due to misrepresentation. 

Check our resources for different options for legal help – http://www.thetenantsvoice.co.uk/your_home/tenant-resources/


Is there a way, I can get the carpets and heaters changed by agency. The energy certificate which they gave me was of 2009 and all red for energy.

I am concerned about my baby’s health if I use the heaters in winter.

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