Can you get deposit back if rented flat is uninhabitable?!

[threeleftfeet]

My friend found a new flat this week. She paid the deposit and a month's rent in advance to the estate agent.

When she went to move in a leak has appeared in the ceiling and everything is wet! It looks like the leak is an old problem which has been badly fixed.

She rang the intermediary who said she could do nothing till speaking to the landlord. The intermediary's attitude was unhelpful to say the least.

A day and several obstructive phone calls later and nothing has been done or even promised. Together with some other things (e.g. they promised they'd fix the toilet and remove some furniture prior to moving in, which they didn't do, or even mention), she now feels there's no way she can move in there.

Do you know, who does she need to approach to get her deposit back, the landlord or the agent? The agent signed the tenancy agreement.

Can she expect to get her deposit back on the grounds that the place is uninhabitable? She hasn't actually been able to move in!

Any advice would be much appreciated, TIA :)

Ask her to read through her tenancy agreement carefully, but she should be able to get her deposit and rent back. The agency are acting for the landlord not your friend, and it is not unusual for the agency to arrange signing on behalf of the landlord. Its the Agency's job to deal with the landlord and they should have explained about the national scheme for safeguarding her deposit 'the Tenancy Deposit Protection Scheme' (think its called that, so you need to google it).

It is the landlords duty to do repairs not the agents.

I think she needs to contact the Agency first to get her money back just because the landlord doesn't seem very helpful! The Citizens Advice Bureau will help and Shelter have an advice line 0808 800 4444.

Thanks sneezecakesmum, she already managed to get most of the money back this afternoon, thanks in part to helpful people like you :)

I posted this here, and got no response! So I posted in AIBU as well and got lots of advice very quickly indeed!

I updated ths other thread like this:

"Thanks everyone, she went in to see the agents today, armed with information from t'internet, and particularly this thread. She explained that she wasn't going to go away, she would be taking it further if they didn't give her money back, she knew she knew their practices are illegal and that would cost them more in the long term if they didn't give her money as she was prepared to report them.

She also informed them that she would be staging a one-woman protest from next week, standing outside with a big sign, telling people not to trust them with their money, and that she would invite the local press to attend. grin

Funnily enought they agreed to refund her her money, which she got back this afternoon. It was minus £150 for the few days "rent", which she's not delighted with, but certainly happier losing £150 than having to deal with them for the next 6 months and having a puddle for a flat!"

Oops, obvioulsy s don't copy & paste!

Other thread here in case you're interested.

Totally brilliant re the money. AIBU always get rapid responses, though sometimes a bit OTT!