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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to refuse to pay the rent!

9 replies

BigMommaOfAlmost4 · 11/04/2010 15:01

PLEASE BEAR WITH ME - slightly long.

We are moving into a rented property. Paid the rent and deposit to agency and were given a date when house would be ready as refurbishment work was still being done in it. Picked up keys on date and was told that there was just a very minor item to be finished and the landlord would come the next day to do this.

Got to the house (without taking over our furniture thankfully) to find the landlords workmen there with tools over every surface putting all new doors on all the rooms and some other stuff. We were surprised at this as surely as we had taken possesion of the keys, no one should have been in there without our permission? They told us that they needed a few hours to finish off so we left. The agency then called us to ask us to keep our kids out of the property until the workmen had finished as it was dangerous in there. FFFS why were we given the keys then???? The workmen did not finish in there until 7pm so we could not move in on that day . DH had to work on the following afternoon so we did not try to move in until the following weekend (this Friday).

DH and friend went over with a van and started moving stuff in. Landlady was expecting British Gas to come in to check the gas supply (no idea why this was not done before we were given the keys the week before!!). Gas man came and declared that the gas had to be turned off as there was a gas leak!! Turns out that letting agency was aware there was a gas leak via their maintenance man and told the landlady it had to be fixed but they did not bother to tell us and were going to let us move in with a bloody gas leak . Landlady has now been told that the house needs a whole new boiler so gas is off until this can be done next week. Yet again we have not been able to move in (would have no hot water and house has a completely gas oven so can't cook). Luckily we can stay in our old house until next Friday but are having to live with half our furniture here and half over there .

I am bloody pissed of that this gas leak (apparently it was below the legal limit but if this was so why did the BG man turn the gas off??) was not rectified before we were given the keys, let alone the other building work. We could have lived there for a week with the potential of the house being blown up!! I am going to make it clear to the letting agency tomorrow that we will be deducting money from next months rent as we should not have paid a penny in rent until the house was ready to move into which will be approximately 2 weeks later than it should have been. AIBU???

OP posts:
FairyCakeBump · 11/04/2010 15:04

Definitely not. I'd check and double-check with someone like CAB and Shelter though, before you do it. Just to make sure there isn't any legal comeback for you.

zapostrophe · 11/04/2010 15:07

This reply has been deleted

Message withdrawn

humptyismarriedtoanumpty · 11/04/2010 15:31

YANBU. All rented properties require a corgi gas certificate to be renewed annually. I think technically if your boiler is screwed and you have a gas leak, you will not have a valid certificate therefore the landlord is in breach of contract - don't quote me on that, but if I was you I would research and read the small print of the lease about this point. Then use that as a bargaining tool!
Good luck!

fernie3 · 11/04/2010 15:44

YANBU the property is not fit to live in at the moment.

Nemofish · 11/04/2010 16:01

YANBU. Dh rents property out, would not dream of doing so in the condition you describe. Gas leak, ffs!

BigBadMummy · 11/04/2010 16:08

It is a criminal offence to not have a valid gas safety certificate, as stated in the Gas Safety (Installation and Use Act) 1998.

If your gas supply has been turned off then there cannot be a valid certificate.

You are not permitted to occupy that house without that certificate being in place and as you have paid the rent the landlord MUST pay for your alternative accomodation up to the cost of the daily rental.

I would suggest you go into the agent tommorrow and start making a lot of noise about this being unacceptable and that you are seeking legal advice.

BigBadMummy · 11/04/2010 16:11

Ah missed the bit about you still being in the other house.

Right, I would put the following in writing

"...as we have not had full use of the property we will be deducting the amount of £* from the next month's rental by way of compensation. This amount will be calculated by multiplying our monthly rental by 12, dividing it by 365 and multiplying it by the number of days we were unable to occupy it. We have sought advice from an ARLA trained property professional and have been advised that this is in line with ARLA recommendations and is fair"

I run a property management company so do this a lot

Fluffyone · 11/04/2010 17:03

Do you know for a fact that the letting agent won't reduce your next payment anyway? You haven't moved in yet,that would be the normal thing to do. Why don't you have a word with them tomorrow?

BigBadMummy · 11/04/2010 17:07

fluffy it isnt up to the letting agent, they have to take instruction from the landlord. And as it is a standing order it has to be the OP who alters the payment.

Unless they pay the full amount and then wait for a cheque refund from the landlord, but the agent will not do that.

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