I wonder if anyone with legal knowledge can help? My brother moved into a newly converted property on 02/06/2014 in Hackney. The property was formerly part of the offices of his current landlord who is a builder and undertook the conversion.
He agreed a rent of £450 per week through the lettings agency. He paid the agent a fee of £450 (1 weeks rent), 6 weeks deposit (£2700) and a months rent in advance (£1950) and signed a 24 month contract with an 18 month break clause (which came as a surprise as he assumed a 12 month break clause was standard) for the property: Flat 1, 50 Street, London.
Having signed the contract he then contacted bank and credit card companies to change address. He had arranged for BT to install the telephone and Internet on the following day but they contacted him to tell him there was an existing line that could not be taken over. He also contacted Hackney council to register for council tax, however 2 weeks ago they telephoned his flat mate to tell him the letter they sent has been returned by the current occupier. It transpires that there is already a flat 1, 50 Street on the building and they do not live there.
He then contacted the estate agent to inform him of the situation and ask him to provide the correct address of the property and to confirm that the property was registered as a residential property with all relevant bodies. The reply was that the address was flat 1, 48-50 Street, London and that the landlord would contact him in relation to providing proof of registration.
He has not yet received any communication from the landlord.
Then last week the council telephoned his flat mate and told him that Flat 1, 48-50 * St does not exist and that they would have to send out an inspection team to register the property. This could take anything from 4 weeks to 3 months. Obviously this is unacceptable as they cannot get a phone line installed until they have an address to install it. All bank statements have gone to the other 'flat 1' jeopardising his privacy.
On top of all this it took over 2 weeks for the television aerial to be fitted, they still do not have a working intercom, the stairwell and common area is a building site with sections of the ceiling missing and lights hanging out, it takes 8 minutes to fill the kichen sink, the tumbler on the front door is loose, and there is a buzzing sound coming from the isolator switch by the bathroom. The landlord is aware of all these issues and so far the only change is that someone has thrown a cup of tea up the wall by the main entrance door.
The rent is due tomorrow 02/07/2014 but obviously they are reluctant to pay I'm assuming that the contract they signed is null and void as it is for a property that they dont live in and the tandlord doesnt own. They have not yet been asked to sign a new contact and would be unwilling to at the current price and break clause length.
I would really appreciate your advice on the best course of action to take.
Thanks for reading.