being charged rent for a place I'm unable to unpack my things into

[Danity1000]

I signed my tenant's agreement with the promise that the carpets (which have shrunk and have pins sticking out in the edges of the room) would be redone three days after I signed. It's now been over 2 weeks and the carpets haven't been done due to the landlord trying to do it himself and messing up. I have kept all of my stuff out of the way for the carpets to be done (meaning I haven't unpacked into the new flat). The landlord is now saying he thinks it will be another two weeks. I have a lot of belongings not just furniture, for my work, my uni studies and my LO. It's incredibly awkward to unpack them all into the flat not knowing when the carpets will be done to then have to pack them all back up (I have no man here, it is just me to move all of this stuff). I feel like I can't make my flat a home. I don't know when these carpets are being done, I have so much stuff I don't know what to do with. I had a totally random call while I was recovering in the hospital yesterday asking me if I was in to do the carpets and I said "no I can't even drive right now" and the carpet guy responded just "okay bye" and refused to make an appointment (there was no appointment made for him to call either) he hung up and that was it. I have spoken to the state agent asking for a rent reduction and all they keep doing is making excuses saying it will be done and always telling me it will be two weeks.

Do I have any rights here? Should I really be being charged for this?

I am struggling to get hold of citizens advice and won't be able to see them until Monday now...

[Danity1000]

sorry for all the errors I'm extremely tired

[ShabbyAbby]

Speak to shelter x

[Sargass0]

england.shelter.org.uk/legal/housing_options/private_rented_accommodation/unfair_terms_and_consumer_law/unfair_trading_practices

[Jon65]

The question is what would a homeowner do and what would be a reasonable length of time to wait. Unfortunately the landlord has already attempted to resolve things but you were not at home to let in the carpet fitter. I don't think that's unreasonable, the landlord should have communicated a time to you and if you weren't able to be there, offer to be present himself. Two weeks although inconvenient to you is probably not unreasonable because it can be tricky getting tradesmen at short notice. Your next step should be to put in writing, an email is fine, that you are unhappy with the carpets not being done, and ask for a firm date and that you think waiting three weeks or more is unreasonable. Advise them that you feel a reduction in rent for the first month is appropriate. I have to say though, you are probably looking at a small amount, around 10% max because the flat is not unusable and what you see on the edge of the carpet is the gripper tracks. I would unpack the rooms that are ok and email the landlord direct too.

[Danity1000]

Jon65.... what a bizarre answer. What on earth does it matter what a homeowner would do? The Landlord did not attempt to resolve things.. by a carpet man springing up a totally unexpected call on me while I was under sedation in hospital and would have otherwise been at WORK. Not reasonable at ALL. Before this happened the carpet man had an appt and didn't even turn up. It has not been two weeks. It is now coming up to a month! I don't care what the name of the pins sticking out of the floor are called I care that they are dangerous, I was not even aware they were there until my three years old walked onto one! I acted in good faith with this landlord under the promise of the carpets being done three days after my move and being told that the flat was "available now"... If you are a landlord, by the way you are viewing this, you are probably also an unreasonable one... I have clear solid rights in this situation and a 10% discount isn't it. Thank you for the links and advice Sargass0 and ShabbyAbby I also managed to get in contact with a friend in citizens advice and my families solicitor which was a big help. Thank you

[Danity1000]

Jon65 when you say what would a homeowner do, do you mean as in what is actually possible within the situation? The landlords have had many months to do the carpet, it's been "available now" on rightmove for months before I went for it. The landlord had messed up when I first moved in by drawing a terrible pic of the room as an "estimate" for the last carpet people which they couldn't even use and were frustrated that he had not just taken a free estimate. It was like a child had done the measurement they were all so careless and it was disappointing he wouldn't have just done a free estimate. From then on the whole thing has been a mess with a total lack of communication from the landlord and I'm unable to get through with him, I put everything in writing to the estate agents. A homeowner who needed to change their carpets would arrange it like a normal person and it would be done.. They wouldn't be drawing pictures of the rooms that don't make sense for carpet men to then cut loads of carpet to the sizes that don't match that then need to be paid for and get thrown away, they wouldn't then put up with the carpet men ringing them on a totally unarranged unexpected day to ask if they're "in" so they can do the work, no homeowner would put up with that, they would demand arranged appointments and not to be expected to be sat around in their house on a normal working day for the leisure of the carpet people to come and go when they please with no communication.... and a homeowner doesn't even have the same legislation to follow. interesting that you put "I don't think that's unreasonable" followed by what he should have done.. lol "the landlord should have communicated a time to you and if you weren't able to be there, offer to be present himself" it clearly was unreasonable if it were reasonable you wouldn't have to follow up with a list of what he should have done

[Danity1000]

to be clear, the landlords "estimate" (the terribly inaccurate drawing of the room he did himself rather than getting a proper one) was done before me having moved in. The carpets were promised and arranged to be done the three days after my move in, they couldn't fit the carpets because they had cut them to the landlords' measurements which were way off. He was careless towards this. He had plenty of time, way more than two weeks and he's had over two weeks since that was messed up.

[Collaborate]

OP - You've posted on "Legal". Jon65 has set out to you what the law says (I can't comment myself as it's not my area of law) and is the only person to have offered advice.

If you're after people to respond by saying how awful the landlord is, and that you should be entitled to a rent free period, or whatever, you need to post on AIBU.

You're not encouraging any others to offer advice about what the law actually says and what your legal rights are

[Jon65]

It is a Lord Denning Appeal Court judgement which clarified the legal test to be applied, which is as I set out. 'What would a reasonaable homeowner do?'
The case is Warren v Keen and can be found here www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/1953/1.html&query=(Warren)+AND+(v)+AND+(keen)

As Collaborate commented this is Legal Matters where you get the answers to legal matters. If you don't like the answer that doesn't change what the law says. People with extensive legal knowledge, some of whom are solicitors, take the time and trouble to assist people on here. The reason I do is because I think knowledge empowers people to help themselves. What we don't need is a tirade of thinly veiled abuse, as I said it doesn't change the facts.

In your original post to which I responded you didn't say you had been waiting nearly a month you said It's now been over 2 weeks . Which is it, just over two weeks or nearly a month?

[PeppyPiggy]

When I say “it’s now been over two weeks” I say that because I am constantly being told the time it takes is two weeks. I moved in on the 20th last month the carpets still have not been done. It is always happening in “two weeks”. I have recieved legal advice from Solomons who are well trusted before recieving your answer and your answer was really different. A tirade of thinly veiled abuse? My post lacked detail, as I said i was exhausted when writing it... I have expanded more on my situation and yes also ranted about my situation, sure. But abused you? Um...

I have some help now. Thank you for trying to help sorry that my original post was not clear.

[PeppyPiggy]

I am Op - computer logs in as danity, phone logs in with this user name

[Jon65]

Op I said it was unreasonable for you to be expected to drop things to let in the carpet fitter. but you were not at home to let in the carpet fitter. I don't think that's unreasonable, the landlord should have communicated a time to you and if you weren't able to be there, offer to be present himself. I was agreeing with you. I think i probably put it clumsily and for that I apologise. What the landlord has done is not a repudiatory breach of contract, which presumably isn't an option available to you anyway as you need a home in which to live. It could be misrepresentation in that he induced you into a contract you may not otherwise have entered without the promise of sorting out the carpets. The problem on here is the need to keep it simple otherwise people get bogged down on trying to understand stuff. I'm pleased you are getting the help you need.

I think I shall retire from MN for the summer because like quite a few others I'm a bit sick and tired of the attitudes on here.

[SpongeBobJudgeyPants]

Am I the only one wondering why, if the OP has had legal advice from Salmons Solicitors, they are asking on here?