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Topic: Suing a letting agent  (Read 4681 times)

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    • The Two Crabs
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Suing a letting agent
« on: August 09, 2006, 01:06:06 PM »
Has anyone ever had the unpleasant experience of taking their letting agent or landlord to court?

We recently moved into a new flat that we found through Copping Joyce (DONT USE THEM!).  Everything was fine up to the day we moved in. We had a very nice agent who found the perfect place based on our requirements we asked for when we began the search. We even got a break on the price because the flat needed a LOT of work; it was previously occuped by three college girls who destroyed the flat during their nonstop parties, including holes punched in the walls, rubbish everywhere, broken blinds and appliances including the hob and fridge/freezer.   The agent promised to take care of everything before our move in date.  We signed the lease three weeks before our move in, so they had plenty of time to take care of the problems.

On the day of the move-in, we had our walk-through with a freelance home inspector hired by Copping Joyce. We were all surprised to see that many of the problems had not been repaired, most importantly, the broken fridge that was inoperative.  The flat was painted and semi-clean and the walls had been repaired. But the broken appliances and blinds remained. He walked with us to Copping Joyce and they promised to take care of the problems. In the meantime, we checked off and signed the inventory list, which included a fridge/freezer unit.

Fast forward a week later, we came home from work to discover that workmen had come and installed a new fridge. Great!  But THERE IS NO FREEZER!  They replaced the broken fridge/freezer combo with a large, hotel-style mini bar fridge.  How the hell am I supposed to make ice or freeze meat and ice cream?   We immediately brought up the issue, thinking they made a mistake in ordering.

NO. The landlord says because the LAST TENANTS broke the freezer because they failed to defrost the unit, he does not want a freezer in the unit again.  That's right: the landlord is juding our POTENTIAL behavior based on the bad experience he had with the LAST TENANTS.  For the record, we're a married, child-free couple in our late 30s, not party-clubbing college kids. 

I spent two days trading calls and emails with the property manager. She and the landlord are absolutely refusing to budge on this issue. They say ice is a LUXURY and not required. I say we live in the 21st century and ice is a necessity for everyday use including treatment of burns and injuries. To make it worse, the itimize sheet we signed only says "fridge unit" but does not clarify that it is a combo fridge/freezer unit.

I argue that Copping Joyce is guilty of discrimination for judging us based on previous tenants behavior. They have broken the lease because we rented the flat based on an amenity which no longer exists. They never gave us any prior notice about this bait-and-switch. The lease states that the landlord is responsible for maintenance and replacement of any appliances so long as the damage was not caused by the tenant (in other words, the previous tenant should have been charged the costs of replacing the fridge/freezer with a LIKE unit, not a sub-standard dorm-style fridge).

So that's my case in a nutshell. On top of that, they still have not repaired numerous problems in our flat including the broken blinds, broken hob ignition, or the door buzzer, which for some reason rings in the flat above ours!

So my question is: what is our recourse and rights as tenants? How much would it cost to get a lawyer? More than the cost of a freezer?  I know this may seem petty to contemplate suing over a freezer. But darn it, it's a matter of principle.
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www.twocrabs.com - A wanderlust American couple living in London and exploring the world...one pub at a time!

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Re: Suing a letting agent
« Reply #1 on: August 09, 2006, 01:41:56 PM »
A lawyer would almsot definitely cost more than an average priced  freezer.  Your best bet is to first write to the letting agent telling them that if a freezer is not provided by X date and repairs not completed by X date (2 weeks would be a very reasonable time frame) you will pay for these yourself and take them to the Small Claims Court to recover the costs.   As there was a fridge freezer in the place when you viewed the property and when you moved in, it is reasonable to expect the "fridge unit" in the inventory includes a freezer, especially as you were not informed ahead of time that a freezer would not be included.   Whether they consider it a luxury item is irrelevant, it is their contractual obligation.

However, be aware that taking legal action will likely mean the landlord won't want to renew your lease when it expires.


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Re: Suing a letting agent
« Reply #2 on: August 09, 2006, 02:15:26 PM »
My gut feeling is to cancel the tenancy immediately and move out.  Your landlord has not abided by the conditions of the tenancy agreement by not having the work done as agreed.  I doubt this is Copping Joyce's fault, but the fault of a moronic landlord, and it sounds as though you may continue to have problems with this one.

Vicky


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Re: Suing a letting agent
« Reply #3 on: August 09, 2006, 02:36:49 PM »
Yeah when I first read it I didn't see why you'd be suing the letting agent.  It seems like it's the landlord's fault, not the agent's.  When did all this occur anyway?

We looked at a flat that had a fridge and no freezer - same sort of thing, it had a little fridge like you'd find in a hotel.  We were like,  ??? um no thanks.  I'm amazed that any landlord or potential tenant thinks that's acceptable at all!


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Re: Suing a letting agent
« Reply #4 on: August 09, 2006, 02:37:52 PM »
I agree with Vicky -- it doesn't sound like it's worth the trouble to sue the landlord.  Besides, if you do sue, I doubt he'll make your tenancy very pleasant.   :-\\\\


Re: Suing a letting agent
« Reply #5 on: August 09, 2006, 08:15:18 PM »
I know the problems you have described are annoying and you consider them to be a problem, but really, i dont think it's worth suing over.

Dont fall into the 'litigious American' stereotype!   ;)   ;D   ;)


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Re: Suing a letting agent
« Reply #6 on: August 10, 2006, 08:04:02 PM »
It could be more trouble than it is worth. We  had a small freezer in our fridge so we just went and bought a used freezer unit for £50 ourselves. Is there any place or room for you to do that?
"Be completely humble and patient, bearing with one another in love"  Ephesians 4:2

"All that is necessary for evil to win the world is for good men to do nothing." Edmund Burke



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Re: Suing a letting agent
« Reply #7 on: August 11, 2006, 12:38:33 AM »
I agree with everyone, either try to get them to give you a freezer or just buy one yourselves...seems a lot of hassle for a little thing like that. Though the landlord does seem a bit dodgy, but the letting agency isn't really to blame for that.


Just had to say that up until 2002 my inlaws had a "hotel sized fridge" and a seperate freezer...so it is the norm in England really (or was until recently).
Juls xx

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Re: Suing a letting agent
« Reply #8 on: August 11, 2006, 11:22:11 AM »

...so it is the norm in England really (or was until recently).

No it isn't!

Vicky


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Re: Suing a letting agent
« Reply #9 on: August 11, 2006, 11:34:40 AM »
Nope, never had the sep fridge/freezer arrangement either.  Some people prefer it in order to fit the units under their kitchen counter but I wouldn't say it's the norm.


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Re: Suing a letting agent
« Reply #10 on: August 11, 2006, 12:12:17 PM »
When I first came over here the first thing I did notice about almost everyone's fridge's or freezers (apart from the size)  where that they had 2 spearate ones. Whether stacked on top of each other or actually separate underneath the counters. I can probably only think of 2 people we know that have actually upright fridges with the freezer included.  Wonder if it is just more modern ones tend to be the combined? 
"Be completely humble and patient, bearing with one another in love"  Ephesians 4:2

"All that is necessary for evil to win the world is for good men to do nothing." Edmund Burke



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Re: Suing a letting agent
« Reply #11 on: August 11, 2006, 12:25:31 PM »
Nope, it's just a space saving thing.   My parents have had a fridge/freezer unit as long as I can remember, although I do remember the one they had when I was a kid had a smaller freezer compartment than fridges tend to now.


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Re: Suing a letting agent
« Reply #12 on: August 11, 2006, 01:13:15 PM »
No it isn't!

Vicky

Ok, maybe not, sorry.  ::)
Juls xx

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Re: Suing a letting agent
« Reply #13 on: August 11, 2006, 03:29:54 PM »
i def see more people with the smallish hotel like fridges here in the UK.  msot of the properties i looked at renting only had these.  and my in-laws have a undercounter fridge, undercounter freezer.  so may not be the norm but much more common than it is the in US. 
If you harbour bitterness, happiness will dock elsewhere.


Re: Suing a letting agent
« Reply #14 on: August 11, 2006, 09:50:44 PM »
I've never seen a hotel room with a fridge!
(I dont travel much...)


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