Apartment worries...

Boodle_bop

My friend and I recently moved into an apartment in the city centre. We viewed the apartment when it was unfinished and in need of cleaning/repairs. We arranged a lease signing date with the agency, and I asked if we could view the finished apartment before signing. However, when we got to the apartment building there was no-one there so we couldn't view it, the agent said we could come sign anyway and that he would give us the keys so we could call around to the apartment after to check everything had been done. Anyway, as it turned, nothing had been done with the apartment, the furniture hadn't even been delivered! I sent a long list to the agent, who said it would all be done. It took several emails to actually get a response (nothing was done in the mean time). Eventually the agent agreed to meet me at the apartment with the workmen and I pointed out everything that needed fixing (although I had already done this by email). When we moved in our official lease start-date several things still hadn't been completed, and are as yet unfixed. We finally got a vent in a bathroom!! Also, the apartment was never cleaned, can we ask for this to be done? The oven is disgusting

Anyway, the list of things I'm wondering about are as follows (basically I'm just wondering if I'm within my rights to demand these things):
1. There is no heater at all in the kitchen, and it's freezing.
2. The smoke alarm looks ancient, it hasn't been tested for us and there's no other fire equipment
3. There is no bin or sweeping brush, or lagging jacket in the hotpress, are these usually included in a furnished apartment?
4. The entrance hall and stairs are filthy, there are no working lights in the hall or on the stairs of the first floor (which means you have to feel your way through the first 2 levels at night!)
5. There are bags of rubbish sitting in the hall (the estate agent told us bin charges were included but there doesn't seem to be anywhere to put rubbish...). There are also piles of cardboard sitting in the hall, I think this must be a fire hazard? There's also no fire escape, and the only access to a roof escape is through a window which has bars on it (and therefore can't be used).
6. The estate agent originally told me internet and bins were included; when I asked him about this after signing the lease, he said an internet connection wasn't included but we had the option of getting the internet there!! This is very annoying, surely we have the option of getting internet anywhere???!

It seems to me that the agency haven't even bothered to check things for us, and seem totally oblivious to our concerns. Surely they're supposed to check everything before and after tenants move in, and arrange for a property to be cleaned? We're thinking of not paying our next month's rent until everything has been sorted out, as we feel they haven't kept their end of the lease. We've been very considerate tenants and are really upset that nothing seems to be happening at the agent/landlord's end

Can anyone offer any advice? Thanks!

markpb

Boodle_bop wrote: »

2. The smoke alarm looks ancient, it hasn't been tested for us and there's no other fire equipment

4. there are no working lights in the hall or on the stairs of the first floor (which means you have to feel your way through the first 2 levels at night!)

On these two grounds alone, I would tell the agent the apartment is unfit and unsafe for habitation and demand your deposit back.

MCMT

Boodle_bop wrote: »

My friend and I recently moved into an apartment in the city centre. We viewed the apartment when it was unfinished and in need of cleaning/repairs. We arranged a lease signing date with the agency, and I asked if we could view the finished apartment before signing. However, when we got to the apartment building there was no-one there so we couldn't view it, the agent said we could come sign anyway and that he would give us the keys so we could call around to the apartment after to check everything had been done. Anyway, as it turned, nothing had been done with the apartment, the furniture hadn't even been delivered! I sent a long list to the agent, who said it would all be done. It took several emails to actually get a response (nothing was done in the mean time). Eventually the agent agreed to meet me at the apartment with the workmen and I pointed out everything that needed fixing (although I had already done this by email). When we moved in our official lease start-date several things still hadn't been completed, and are as yet unfixed. We finally got a vent in a bathroom!! Also, the apartment was never cleaned, can we ask for this to be done? The oven is disgusting

Anyway, the list of things I'm wondering about are as follows (basically I'm just wondering if I'm within my rights to demand these things):
1. There is no heater at all in the kitchen, and it's freezing.
2. The smoke alarm looks ancient, it hasn't been tested for us and there's no other fire equipment
3. There is no bin or sweeping brush, or lagging jacket in the hotpress, are these usually included in a furnished apartment?
4. The entrance hall and stairs are filthy, there are no working lights in the hall or on the stairs of the first floor (which means you have to feel your way through the first 2 levels at night!)
5. There are bags of rubbish sitting in the hall (the estate agent told us bin charges were included but there doesn't seem to be anywhere to put rubbish...). There are also piles of cardboard sitting in the hall, I think this must be a fire hazard? There's also no fire escape, and the only access to a roof escape is through a window which has bars on it (and therefore can't be used).
6. The estate agent originally told me internet and bins were included; when I asked him about this after signing the lease, he said an internet connection wasn't included but we had the option of getting the internet there!! This is very annoying, surely we have the option of getting internet anywhere???!

It seems to me that the agency haven't even bothered to check things for us, and seem totally oblivious to our concerns. Surely they're supposed to check everything before and after tenants move in, and arrange for a property to be cleaned? We're thinking of not paying our next month's rent until everything has been sorted out, as we feel they haven't kept their end of the lease. We've been very considerate tenants and are really upset that nothing seems to be happening at the agent/landlord's end

Can anyone offer any advice? Thanks!

Firstly, you should ensure all requests you make to the agency are in writing. Emails don't count. Type it up, date it, sign it and have it photocopied before you stick it in the post. You can also fax everything you post so they get it immeditely. This means if anything more serious happens down the line you have proof that you requested these fixes in writing.

Unfortunately many of the things you listed should have been done before you signed the lease. But now that it is signed, things such as cleanliness, lights, smoke alarms etc are your responsibility. Bins, sweeping brushes, lagging jacket etc are also not generally provided unless it specifically states so in the contract.

The heater in the kitchen might be a problem, however. Likewise with the blocked hallway (but it's likely the building has been inspected and cleared by a fire warden so not much hope there).

However, if the agent agreed to have the place in a certain condition before you guys moved in, then he should be held responsible. You shouldn't have signed the lease until these commitments were met but often these guys are fairly good at putting on the pressure with a smile. So, what you might try is this: Send a written, signed and dated list of the requests which they haven't met by registered post. Also fax and telephone. If they don't answer you or do anything about it after a few weeks, withold the rent. That should get their attention. Now that they're listening, let them know that they need to fix cetain things as agreed before they get their rent. It's not exactly legal but agents' know all about bending the rules so it should work.

In the meantime you might be wise to contact a Threshold advisor. They can give you free, informal legal advice. They will also represent you if you ask them to (and agents usually respond much faster when they get a letter from Threshold).

I hope this helps. There's nothing worse than feeling duped, especially when you have to live with the consequences for such a long time. But there are measures you can take and hopefully you'll see results in a month or so.

MCMT

Also, forgot to ask if they have registered you with the PRTB?

By law they are required to. Should you have any dispute with them that can not be settled by reasonable means, you can use the PRTB to resolve your issues with the landlord. It's not something you need to think about now but just keep it in mind (if they haven't or will not register you, fear not: you can still use the services of the PRTB and the landlord will be held liable for failing to register you).

s_gr

With all the oversupply we are hearing about.....could you have not found a better apartement in the beginning? Surely you should not have signed any lease or given deposit until place was habitable?

Give threshold a shout also.