To not move into this house?

[SupSlick]

So I'm early-twenties, full-time working, single mum with a 2 year old & have been back at my parents for a few months to save up a deposit to rent somewhere.

Finally found a lovely house near an outstanding rated school with a little garden for DS to play in. When we looked around the previous tenants still lived there so I didn't open any cupboards or anything.

On Friday afternoon I signed a 12-month contract with the estate agents & got the keys. Yesterday morning I went round with my parents to clean it & measure up.

As soon as we walked in we saw a rat, an actual rat just sat in the kitchen looking at us not even bothered by our presence. Then we noticed the rat droppings all over the kitchen floor, and holes at the back of nearly every kitchen cupboard where they've got into the wall cavities.

We also found mouse traps in every cupboard/wardrobe all over the house, & rat poison bloody everywhere.

Went back to the estate agents, gave them the keys back & said I wasn't moving my son into a vermin infestation & either they knew about it or they haven't checked the property (inventory) properly.

They've basically said I'm in a 12-month contract & I have to pay.

I'm absolutely devastated. I know it's easily fixed but we spoke to the neighbours who said its been a problem for years & they're moving because of it.

Feel like they've seen me coming. Aibu to not move in & demand the contract is voided.

[specialsubject]

revolting - this is well beyond 'slightly messy previous tenants' and needs some serious intervention to sort it out.

in addition to all the good advice; OP, do you still want to move in when it is sorted? You need to steer the outcome to what you want.

there's no reason it can't be sorted, but it will take some serious poisoning and I don't think it is safe for a small child while that is going on, so you need to be somewhere else while it happens.

[LazyLouLou]

What on earth? Use social media. Press interviews. Put them out of business... what for?

The only immediate knowledge OP as is that there are rats which may have been there a while. Any good pest controller will get rid of them with minimum fuss. The neighbours who are moving may be the cause of the problem, until OP has a copy of the pest control report she can't know.

Rats are everywhere, you can't get away from them. You just don't see them that often, but they are there, even the naicest of places.

The most OP can do is demand a quick start to the pest control and a thorough clean of the property. That and a copy of the Condition Inspection, refuse to move in until she has done a walk through and signed the Check-In paperwork. Though, really, that should have been done before she accepted the keys.

The EA and LL may decide to cancel the tenancy if the job is a big one. They may do so once they have received a pest control report.

But as others have pointed out the legal standing is this (unfair as it seems):

"If you live in furnished rented accommodation and the problem with pests or vermin was there when you moved in, it's likely that your landlord is responsible for dealing with it.

This is because your landlord has a duty to ensure that your home is fit to be lived in on the day they let it to you. An infestation could mean that your landlord has not met this duty, but this only applies at the start of a tenancy and wouldn't apply if a problem developed later on.

This duty doesn't apply if your home was let to you unfurnished."

Technically OP has moved in, she had collected the keys. But if the EA does not have a condition report and there is no check in list then OP can argue that they did not keep up to reasonable standards, if they are a member of any society.

But that doesn't change the advice: contact Env Health and Shelter for specific advice, contact the LL direct and check that they have been made aware, demand a proper pest control visit and then demand rent to be waived/reduced for the hassle.

[birobenny]

Don't bother going to small claims court- once you have the eho assessment serve notice under s.79 of the environmental health act to give them 21 days to sort problem out and if it's not sorted then it's off to the magistrates court where it's a fine for the LL and a nice bit of compensation for you :)

Google Environmental Health Act private prosecutions.

[missymayhemsmum]

Say that if they attempt to hold you to the contract that you, the previous tenants and the neighbour will go to the local press and environmental health and put them out of business. That you will also be using social media to publicise the problem. That you want a return of everything you have paid immediately. Say that you will be contacting the landlord directly as you will be inviting the press to interview him.
But that if they can imediately find you an acceptable alternative property at the same price you will accept the transfer while they deal with the rodents.

[MissMuesli]

I see you've already arranged for internet and home insurance. When did you arrange this? As most companies have a cooling off period so you should hopefully be able to cancel your contract (bt is 14 days cooling off period from the date you ordered.

[ADishBestEatenCold]

I think your list of action re EH dept, etc, sounds good.

Can you also contact the previous tenants and ask for a statement about whether they did/didn't inform EA and/or landlord?

Talk to neighbours and get statements re the problem, but also with regards to whether EA/landlord/EH/etc were involved? These statements may just be hearsay (e.g. what the previous tenant had told them) collectively, they might add to your ammunition.

I think TerryTheGreenHorse could well be right in thinking that, once you have all the info you have listed, the EA may well dance to a different tune.

[annielouise]

I'd do small claims court too. Email or write (recorded delivery) the estate agent saying you want your £800 back straightaway. If not done with x days you'll be starting small claims proceedings. Personally I'd also threaten local papers. Main aim now is getting your money back - as soon as possible. The longer they delay (e.g. getting in people to assess etc) the more they'll try and hold on to your money. You don't want the place, it's tarnished for you especially given what the neighbours have said. Tell the estate agent you have evidence of this being an ongoing problem not just with the house you were planning on renting and that this evidence will be submitted with your small claims proceedings. Play as hard as you can so they think it's not worth the hassle.

[TerryTheGreenHorse]

When you ask them for all that ^^ info you listed and call in environmental health I am sure you will find they pay a lot more attention to you.

Especially with poison all around ffs.

Don't let them make you feel you are making a fuss over nothing, you are totally not.

[MummaGiles]

Check the terms of the lease - it should be a clause that the property is in good and 'tenantable' condition (or something to that effect) which is an obligation on the landlord. If there are rats and mice in there the landlord is in breach of his obligations under the lease and had to remedy it.

Also consider contacting the council.

[SupSlick]

Okay, so thankful for all your help & advice. The EA did make me feel like I was totally over the top & as if I was doing some amateur dramatics.

So I think the first step is to contact environmental health to get them to do an assessment. I will also ask (even if through the freedom of information act) whether there had been previous intervention by EH as the estate agent said they didn't know anything about rats.
Then request copy of any photos they took whilst doing inventory. Of course ring Shelter for advice + local council.
Next I'll compile a letter with photos attached stating that they have missold & misinformed me. Include whatever EH has officially said. Demand a refund back & threaten with small claims court and/or media.

God. I just wanted to move in & get settled!

[WhatifIdid]

Great advice from Naice there.

Be seriously prepared to go to court for refund OP. Small claim is easy even without legal representation.

Don't fuck about. Mean business. Put 7 day limit on refund. Then get court papers. Bet you they back down.

[Lurkedforever1]

I agree usually vermin, even at the outset of a tenancy wouldn't automatically void it, but at the level the op describes with the traps and poison so abundant they could be reasonably presumed to prevent her living there, I suspect they would. Especially as an inhabitation above what would be considered the norm is not mentioned on any documents or something the op could be presumed to have seen on viewing.
However I'm in full agreement she needs actual specific legal advice before doing anything more than gathering evidence.

[Penguinandminipenguin]

Some good advice here, op. I don't have anything to add sorry, but just wanted to wish you luck in getting this sorted...it's a ridiculous situation!

[paxtecum]

Do not ever move in even if the rats seems to have gone.

The house has a major infestation that has been there for some time.
Rats can chew through bricks, concrete and metal.
They will be back. Wire wool in the gaps will not deter them.

Concentrate on getting your money refunded and the contract voided.

[LamppostInWinter]

There's no cooling off period for tenancies.

[Debs75]

is there no 'cooling off period'?
most contracts have this so why not property?

I would cancel everything, insurance etc and contact the bank so you don't have a dd going out for rent. Give EH a ring asap and explain everything. take pics.
if estate agent won't back down threaten going to the papers

[Purplepoodle]

I'd go and get some legal advice from solicitor too. amazing how legal letter can change things

[contractor6]

The mice/rat problem could be due to the previous tenants cleanliness. Defo get the EA to sort out, no way should you be dealing with this. When you move in get a load of wire wool and stuff into any small holes/cracks inside and outside property, ask neighbours to do the same. Also get those plug in mice deterrents. I had mice but since doing this (touch wood) no further problems.
Also keep soft packaged food in Tupperware.

[LazyLouLou]

What lamppost said.

You can ask the LL and agents to delay the beginning of your tenancy whilst they sort out the rat problem, they might reduce payment for a few months. But once the rat man has been in and assessed and set traps etc, the house is habitable - unless there is something really weird/horrible going on.

Do contact Env Health, do contact Shelter, get all the info you can, rope in Env Health to ensure a full rat control programme is in place, if they will help.

But rats, mice, fleas, wasps, bats, cockroaches, etc do not void a tenancy as they are normal occurrences that are usually easy to fix.

Sorry, but good luck getting it sorted.

[LamppostInWinter]

Speak to Shelter not CAB, CAB often get it wrong on private tenancy stuff. Also take advice from posters on the subject with a large pinch of salt, landlord and tenant law is a peculiar beast.

Personally I'd be extremely surprised if a rodent infestation voided your tenancy agreement or no tenancy in any town or city would ever be valid. The definition of uninhabitable is a lot stricter than people generally assume.

[Lurkedforever1]

Ditto cab.
Meantime, as in today or asap get round there and film the inside of the house, inside cupboards etc.
legally the contract doesn't stand, regardless of what's wrote in it. Because any judge/ court would agree your purpose in taking the tenancy/ signing the contract would be to live there with your child, and if what you say is true and can be proved, you can't use it for that purpose.
Plus the fact the ll needs an inventory unless your deposit is described and signed for as purely as insurance for unpaid rent, rather than damages etc. because at the end of any tenancy, no ll can claim damages unless both parties have previously agreed on the original condition, thus forming a basis for what can be considered damage at the end of the tenancy.
Get professional advice first, but basically you have 2 options, go after a full refund of all your costs, including travel and time. Or agree to resign a legally binding new contract based on them sorting it and compensating you for your time and money while it's uninhabitable.
I suppose the third option is just filming evidence, keeping the house and solving the issue of making it habitable yourself, and then moving in and living there whilst refusing to pay another penny until you decide your time/ trouble/ costs etc have been re compensated. Which legally you'd probably win, because the contract was already void, but unless legal battles and stress ( and the fact eventually you would still need to move) are something that appeals to you I wouldn't advise that as a sensible route.

[NaiceVillageOfTheDammed]

www.tpos.co.uk/code-of-practice-lettings.php

Get the keys back from the agent.
If they ask why, tell you will be taking photos and starting a formal complaint.
They can't not give you the keys unless they want to cancel the contract.

Take pictures of the property - holes/droppings/poison/traps etc... Be methodical, room by room.
You need to graphically show how each and every room is infested by vermin and therefore uninhabitable.

Email the agent, ask:

• When was the inventory assessment taken. Did they take photos or just written assessment.
  
• Has the agent ever received complaints or requests by any tenents re. rat problems.
  
  When you've got the assessment date and answer to previous complaints...
  
• Email agent. Tell them the contract is void. You were not in full possession of facts before signing the contract. The agent has withheld information that was material to your decision making process.
  
• Pest control is not a suitable option (poison and traps are not safe with a 2yr old) nor would that option have changed your mind about renting the property.
  
• Ask the agent for a refund of all monies and their procedures for this type of circumstance. You have not benefited from the property and raised complaint as soon as you were given keys.
  
  
• Is the agent a member of a trade body? The trade body will have their own complaints procedures.
  
  You need everything in writing (email).
  You need to sound formal and like you mean business.
  
  Once you have gone through the agent's complaints procedure you may go through the ombududsman. This however takes time.
  
  There are implied conditions to contracts (fair terms) and not being in possession of the facts is one of them.
  
  Ask Shelter for advice.
  
• Do you have to move in and pay rent.
  
• Could you go through the Small Claims Court to retrieve monies. This might be quicker than Ombududsman.
  
  Ask local council environmental health team for advice. Also if they have received any complaints about the property (ie that the agent knew there was a previous vermin problem).

[MrsGoslingWannabe]

Very good advice here.

Don't be intimidated by the estate agent. They're on a power trip most of the time but are often full of shit. Play them at their own game and win.

I'd demand that the landlord gets involved.

[SouthWestmom]

Can you find the original description of the flat? Was it advertised? I'd be tempted to write to the agents enclosing this if it says the flat is ready to move into.

[SouthWestmom]

www.citizensadvice.org.uk/housing/repairs-in-rented-housing/disrepair-common-problems/disrepair-infestations-of-pests-and-vermin/