Help Help Help

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yorkie

Posts: 1
Joined: 29/1/2005

Help Help Help

Because our landlord was returning back to the area they wanted their house back. not a problem as they gave notice etc etc however, we were unable to find anywhere until one month before their return. I have 3 children and was desperate to ensure we had somewhere to live etc etc. The property was just the job by the sea small fishing friendly village and so on .... We paid deposit + costs £900 and looked forward to the move. Unfortunately Mother Nature decided the house would be better with an indoor swimming pool (the house was flooded, Cornwall!) 1 week after. As we would have been out on the street we discussed the situation with the agent who I have to say were very understanding and helpful and had no reason to believe they would change their story. She verbally agreed to give us at the very least 1 month’s free rent (£650) and a generous payment towards the electricity bill because of the extraction fans and dehumidifiers installed to dry out the ground floor rooms as compensation. Sadly we did not get this in writing simply because we trusted them!!!

We moved in on the 19/11/04 and have been living basically upstairs and are now told that the work will not be done until March at the earliest. They have now offered only two weeks rent free but we must move out for that period and either pay for accommodation or go on holiday! Several points to raise on this proposal, myself, wife, and eldest daughter do not get holidays until April 6th. To rent a property for two weeks is near impossible, only holiday lets and in Cornwall and local are approx £350/£450 per week. I do not see why we should use up two weeks of our annual holiday where can a family of five go for two weeks for £350?

I accept we should have not moved in (but desperate) I should not have trusted the agents and got it in writing (but desperate) what can we do?

And finally the agent/ owners are attempting to defraud the insurance company in that some of the works planned were not a result of the flood. Another reason why we agreed to move in as the agents sold it to us that the place would have new carpets, be decorated etc etc because we will be able to get it done through the insurers.

In the short time we have been involved in a number of charity events and the usual village activities to ensure we fit in and thus have a happy time living here. As a result we have made several new friends and people have made us very welcome. Basically we do not want to move and had planned to stay for a minimum of two years,

Please please help/advise us what we can do I don’t think we can take another move

Report Abuse | Date 29/1/2005 10:32:05 AM

P.Pilcher

Posts: 102
Joined: 25/7/2003

RE: Help Help Help (in reply to yorkie)

Well - your case is not clear cut and you have certainly complicated matters by moving into the property in the state that you found it in. The landlord's offer seems a little ungenerous to say the least, but to sort this out I think you would be better consulting a solicitor with experience in landlord tenant law. Not all solicitors are expert in such matters, so choose with care. Don't forget, the first consultation is free. The fact that you have three children may and I repeat only may, mean that you could extract the cost of accomodation and reasonable living expenses from your landlord until the property is returned to a habitable state. Don't attempt to involve yourself with any "fraud" involving the landlord's insurance company just ignore it and if an insurance company asks you any questions regarding the landlord's claim, do your best to make excuses and do not answer.

P.P.

Report Abuse | Date 31/1/2005 12:09:37 AM

danjohnson

Posts: 245
Joined: 12/5/2000

RE: Help Help Help (in reply to yorkie)

I was actually under the impression that if the property is not in a habitable state (even if this is just because work is being carried out) the landlord is obliged to either provide you with alternative suitable accommodation or pay for you to stay elsewhere. Am I wrong on this?

Report Abuse | Date 31/1/2005 10:46:04 AM

P.Pilcher

Posts: 102
Joined: 25/7/2003

RE: Help Help Help (in reply to yorkie)

I believe that you are correct and that a court will be very sympathetic in cases where children are involved. My only reservation is that the tenant accepted the property in the condition it was by moving in, hence my recommendation to get a qualified legal opinion as to the best course of action where all the facts can be considered, not just the information we have here.

P.P.

Report Abuse | Date 31/1/2005 1:05:47 PM