Landlord/tennant issues

rdt

Rick Chasey wrote:

rdt wrote:

Rick Chasey wrote:

Hi guys.
In the contract she signed however it says the rent paid every month includes "all water, gas, electricity bills, council tax, tv license and a weekly cleaner".

She's pointed this out to the landlord, but has yet to hear from him.

What should happen from here?

Ultimately, she signed the rent with the idea that she'd be paying for a cleaner.

Rick, can you clarify something?

You implied in a later post that the 'weekly cleaner' aspect was instrumental in your GF choosing that house-share...

- So, was the house-share advertised as having a weekly cleaner?

- Or, did your GF only become aware of the weekly cleaner after reading the contract?

She asked what was included, and she was told "prety much everthing".


Obviously she checked the contract and was satisfied it was included.

Isn't having a cleaner a bit unusual in a house-share, such that you'd expect it to be flagged up, up-front, as a major selling point? It seems it wasn't advertised as having a cleaner, and the agents didn't say it had a cleaner, but your GF read that in the contract, and not unreasonably concluded that cleaning was included. Shame she didn't attempt to clarify the matter beforehand, but she is where she is.

From what you've written, it sounds like your GF probably wasn't *intentionally* misled. For me, that'd inform whether I played hardball or was far more reasonable in agreeing how to resolve matters. It also gives you an idea of how much ground the landlord is likely to move on the matter - very modest, I'd expect.

Your GF needs to decide what she'd now like to happen: both her ideal outcome, and her bottom line of what'd be acceptable to her. With those boundaries in mind, she can get some negotiation going with the landlord/agent.

iainment

I have only skimmed through his but whatever you do don't withhold any rent. Two wrongs don't make a right and it is conceivable that an eviction could take place on the basis of arrears which will be recorded as a debt against her or that the deposit might be withheld. Pay rent and then negotiate.

Stuey01

jim453 wrote:

Pretty much everything?

Quite specific then.

I'm not sure what's gone on here Rick. Sounds like the idea of there being a cleaner only came up after the contract was signed and your girlfriend was reading through the small print.

Anyway the fact remains that the contract does mention a cleaner. Have you decided what you're going to do yet?

Who in their right mind would sign a contract BEFORE reading the small print?

In the OP's girlfriend's shoes I wouldn't be playing hardball as it pays dividends to keep your landlord onside as they do have the ability to make your life difficult in other ways.
However I would definately pursue this to resolution, politely but firmly, the agent screwed up and if the landlord has any beef it should be with them not you.

rick_chasey

Update:

GF E-mailed the estate agent in response to their e-mail, and CC'd the landlord.

She basically said: I understand you messed up, but this is what I signed for and it's binding.

Since the estate agent has admitted fault, it may necessary for the estate agent to come to an arrangement with the landlord so that the contract can be fulfilled.

She will consider an ammenment to the contract for a reasonable reducing in rent, equivalent to the amount she would have to have paid for a cleaner, taking the flatshare into account.

We're waiting for a response.

Stuey01

Rick Chasey wrote:

Update:

GF E-mailed the estate agent in response to their e-mail, and CC'd the landlord.

She basically said: I understand you messed up, but this is what I signed for and it's binding.

Since the estate agent has admitted fault, it may necessary for the estate agent to come to an arrangement with the landlord so that the contract can be fulfilled.

She will consider an ammenment to the contract for a reasonable reducing in rent, equivalent to the amount she would have to have paid for a cleaner, taking the flatshare into account.

We're waiting for a response.

nicely done, hope it works out.

rick_chasey

Ultimately, if the refuse, there's little we can do.

Taking it to a small claims court, even with a friend who will do it as pro-bono, will cost virtually as much as a cleaner would cost over 6 months.

alfablue

You don't use a solicitor for the small claims court - it is very easy and you can do it all online (using the Court Service website Money Claim Online.)

The fees are
Up to £300 - £20 Court Fee
Up to £500 - £50 Court Fee
Up to £1000 - £80 Court Fee
Up to £5000 - £110 Court Fee

The fees become part of your claim and are paid back when you win.

First, get quotes for the cost of a cleaner. Calculate all / any other costs (phone calls, letters, postage, time off work etc).

Itemise everything. Come up with a total claim

Write a letter to the agents (to pass on to landlord) entitled "Notice Prior to Action", in it, itemise your claim and the reasons, say they have 7 days from receipt to settle your claim or you will go to the Small Claims Court, send the letter recorded delivery.

Wait 7 days (99% of the time people settle once you send a letter like this).

If they don't settle, start the claim.

It is easy.

volvicspar

alfablue is correct.

Don't forget if you breached the contract, they'd be down on you like a ton of bricks! It's a business arrangement, so don't hesitate to get what the contract says.

tebbit

+ 1 for alfablue and volvicspar's comments

verylonglegs

volvicspar wrote:

alfablue is correct.

Don't forget if you breached the contract, they'd be down on you like a ton of bricks! It's a business arrangement, so don't hesitate to get what the contract says.

Agreed, if not it's the thin end of the wedge. Your comments made me think of the op's post where he states the estate agent admitting their mistake and hoping his girlfriend was just merely ok with it. Makes you wonder what other parts of their contracts they believe are breakable as long as they are accompanied with a 'sincere' apology. Very amateurish on their part.[/b]

jim453

What's happening Rick?

Bins must be close to overflowing by now.

Any progress?

spen666

jim453 wrote:

Fair enough.

In which case stop paying rent. Sounds like you've got this knobhead bang to rights.

....... .

Possibly the worst possible legal advice you could have.

Failing to pay the rent guarantees the landlord can evict the tenant, irrespective of his breaches of contract.


DO NOT WITHOLD THE RENT

spen666

GiantMike wrote:

Do a Google search for Assured Short-hold Tenancy. It's the standard 'legal minimum' agreement and almost sertainly what your friend signed.

If she has signed a contract stating that a cleaner is provided then he really should provide one. However, if she's that bothered about getting a cleaner (and let's face it, it's not worth forcing him to provide one because it will be a really crap job that gets done), she could offer to mutually break the contract on the understanding that the landlord pays the costs associated with getting a new flat (such as Agent's fees and credit checks etc).

I've never heard of a flat-share contract to include a cleaner, however if it's what's in the contract he's legally obliged to provide one. That may end up being 1 hour per 2 months or some such nonsense though!

If she has signed up for a room in a shared house then it will not be a an Assured Shorthold Tenancy

spen666

Rick,

You have a PM