To expect a flat that is habitable after shelling out £12k to move in

[orangefusion]

I have posted this in legal but for traffic I am posting here too. I am so upset...

...I have just returned from dropping my son off at his first flat as a tennant- he is in his second year at uni having had halls last year. The flat was found by his friends while he was away over the summer and he did not see it until today.
The place is unibhabitable. There is six inches of damp above all the skirting boards, one bedroom is "being treated" the floor is soaking concrete, the whole place stinks of damp- the air is so humid that nothing will dry, it is insecure and the windows need to be open to breathe but it is a basement in New Cross- there are no bars or proper window locks so the windows have to be kept shut. The b***d landlord has taken 6 months rent off the boys, and a £2100 deposit. There was a dead rat in the bin which had clearly been a live rat when it climbed in. I had to leave him there but I wanted to bring him home again or check him into a hotel.
What rights have these poor kids got? The place is disgusting and I am at a loss to know how calling the agent is going to make any difference because they knew it was like this when they let it. They will fob me off with platitudes but they do not have to live there.
I want to cry- he was so excited about living out of halls but this is just so awful.
Any legal bods out there who can suggest the best thing for me to do to help?

Knowing how much MNers love a good nosey on Rightmove, I'll bet we can find somewhere in no time!

Just popping in to say I hope things are going well for you in sorting this out, OP.

Hi All

Last week the landlord turned up with a damp proofing company. On tuesday the boys sent a letter stating that they considered the LL to be in breach of contract and asked for their money back, gave him 48 hours to respond. Spelled out very clearly all the issues and threatened court for all their money plus damages and costs if they did not get their money back.

The day before yesterday we got a copy of the report direct from the company. EVERY room registers very high levels of moisture which could be "hazardous to health" (their words), there is either NO DPC or the existing one is completely shot, there are two leaking pipes under concrete floors and there is rising and penetrating damp in every room. The estimate to make good is £35k.

Yesterday someone representing the LL turned up and mumbled something about moving them to another property or money refunded.

Today- the agent called the boys to say that the LL has family problems and is very busy, someone will be in touch soon.

I am about to call the LL myself and tell him that I have major family problems- I have a son living in a place that is hazardous to health and what is he going to do about it?

I am a bit nervous this time for some reason. :(

You can do it orange channel your inner warrior or something! Everyone is rooting for you. Good luck.

Good luck!

I'm not sure there is any point in phoning LL. I would instead focus on following through the threats made in the letters, get the boys out, and the money back.

orangefusion, it may be time to invoke Plan B. You've got to at least hint at the epc discrepancy.

He hasn't got family problems, he's got a you problem and trying to buy time. Be more of a problem.

Absolutely, crotch. It's my job for today. Get on his back and stay there till we get what is right.

Well that went well. He has told the boys that he knows his rights and that we are threatening him and all letters must now be legal letters. Buggering bastard. I am at a loss now.

He texted me to say the place would be done in a week, give him time and that we could then discuss. I replied saying I was disgusted that the place had been let out in that state and suggested that he take the easy route and return money or we would pursue through the courts.

His response was to tell the boys he is being threatened.

Any ideas?

I am worried about them now.

Don't give up.

You have the law on your side!

Say Yes you are threatening him - with the law!! The cheek. Awful and feel for you.

given the condition of the place it won't be fixed in a week, or six weeks, or longer. Shocking. What did building control say?

so stick to your guns, go through the courts if needed and the boys will never be living there.

It's fairly simple to use the small claims court - just check the limit of £ that can be claimed and send him a letter before action - then file with the court if he still refuses to refund

My goodness, OP. Those poor boys. The LL's should be ashamed of themselves. I really hope you get your money back.

He is being threatened with action if he does not refund the money he has taken for accommodation which is neither legally nor practically suitable for human habitation.

There is nothing wrong with that.

Time to invite the press round orange?

But will getting the press round get my money back? It might make me feel self righteous but he will get angrier.

I will get on with the small claim stuff today- I did it once before so I pretty much know the ropes although it will be a bit fuzzy as I paid the money and my son is the person on the contract. Clearly it will have to be my son who takes him to court.

Personally, I wouldn't go to the press just yet. I certainly wouldn't rule it out for the future though!

Yes, Alpaca, I think it is one to hold onto.

I have just logged into moneyclaim online and i am not sure if I am claiming against him or his company, I suppose it is him as he is named on the lease?

Amici the letter you suggest has been sent. It is that letter which has led him to suggest that he is being threatened.

My ds has a granny in London that he can go to but he is reluctant. The boys say they are going to the LL's company on Monday in person.

I am all for serving him with court papers he has had enough notice to sort this out. Boys want to wait till Monday.

Can you claim on your home insurance for help with the legal costs?

Yes, see if your insurance will cover any action.

To whom did you pay the money, him or the company?