Is Landlord in breach of contract | The Tenants' Voice
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Is Landlord in breach of contract

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377 views 1 replies latest reply: 16 February 2017

I moved into a property on 7th January 2017. The kitchen is not fit for purpose, in that, the gas hob doesn’t work. The oven was without shelves, (I have since purchased these). I noted these things on the inventory and as a result refused to sign it. 

I did a bit of research and found out what the problem was with the hob. I contacted the Landlord with this information. The Landlord did not believe my claims and insisted on the ‘handyman’ having a look at the hob. He confirmed that the hob wasn’t working. The Landlord has purchased a new hob and I’m waiting for this to be installed. Since then, the washing machine has broken, it was obvious on closer inspection that this was inevitable. 

The landlord’s attitude has been less than agreeable. I’m now in my sixth week at the property and I have decided I to leave. If I do so, I am told by the letting agent I will have to pay a fee for every month of the contract; 12 month contract… 3 months resident, meaning, I will have to pay 7 months in fees. I can accept that I am in breach of contract but… Is there a case to take both the estate agent and the Landlord to a small claims court? I feel the estate agent misrepresented the property, I assumed the kitchen was fully operational; it is not.  In terms of the Landlord, I want recoup the financial losses and inconvenience this has caused me.

Another thing…are estate agents required to inform tenants as to whether a rental property is managed by them or the Landlord? For future reference, could someone let me know what the position is on this.

i used a reputable estate agent, paid the fees and feel totally shafted.

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A letting agent’s job is to find the tenants, do referencing and arrange the viewings and setup the tenancy – draft agreements, protect deposits, etc. 

A managing agent is to manage the property while the tenant is occupying. 

Sometimes, this is done by the same agency / agent. Sometimes, it is not. The tenancy agreement should have it written in there if the agent is going to manage the property. 

Either way, your rights as a tenant are the same. You have a right to get the property repaired and maintained so that each equipment in there is usable and SAFE. 

Claiming compensation from your landlord due to non-repairs is possible, but you have to go through courts and I can’t promise that your case will go through. Furthermore, you have to pay the legal fees first and then hopefully recoup them from the landlord if you win the case. 

I would suggest you first go through the complaint procedure, and involve the local council. This will put pressure on your landlord and maybe get them to do the repairs properly. If not you can threaten legal action and see what happens. Maybe this will get your point across, without making a risky move to go to the court. 

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