Advice on feasibility of full refund of rent.

We are having a lot of problems with our flat. DH and I moved in on 22 January... 3 and a half weeks ago.

Since we moved in, we've had to call to request repairs or replacements for:

-The flat was filthy. Although they claimed it was professionally cleaned, we highly doubt it.
-vacuum (and it still doesn't work after it's been "fixed)
-kettle  (replaced... the one they had in here was scaly and flaking metal from the inside coil)
-Gas fire heater in the living room wasn't working
-Radiator in the bathroom wasn't working
-Door bell didn't work
-There are broken window panes in both bedrooms, and in the door to the breezeway/foyer, and in the case of the exterior windows, they are letting in cold air and causing our heating costs to go up... and they are a health/safety risk.
-Some of you know the trouble we've had with our upstairs neighbors... we were assured this was a quiet neighborhood however we've had to call the police 3 times and the council noise department numerous times because we kept getting woken up in the middle of the night, and the noise level at all hours of the day was excessive. This isn't the first time there has been a complaint against the flat in question, either.
 and finally,
-Our refrigerator door hasn't been closing lately. The seal is no good or something. We called almost a week ago and no one has been out to look at it. Now, it's somehow started to leak water inside the fridge, which I noticed today when I opened the door and water poured out. I've just cleaned out the entire thing and had to throw away half of the contents because it had gone off. The stench was unbelievable and nearly made us sick.

We've put in a call to the letting agent again for the refrigerator issue, but it's been 45 minutes and no one has contacted us yet. We don't want to stick around to see what else will go wrong (honestly... we've been here a mere 3 and a half weeks! This is ridiculous!!). Thus far, they've fixed, or attempted to fix, everything but the broken windows and the fridge. The broken windows were reported to them just a day or two after we moved in, so they've had 3 weeks to fix them and haven't. And though they "fixed" the vacuum it still doesn't work.

My question is... what to do you think the likelihood of us getting our rent back and moving is? We've paid 6 months rent up front plus deposit, via debit card. I want it all back. I don't think they deserve to charge us for the 26 days we've been living here, because we've had problems EVERY day. Moreover, we sure as hell don't want to continue living in this flat for fear of what else will go wrong. We're so frustrated! And if we do move, it has to be quickly because I'm starting my job in a week... Ugh.


By the way, the letting agent is Pat Robson, based in Jesmond (Newcastle). I would strongly recommend NOT using them!!

I would say very unlikely to get a full refund. You did technically live there for 26 days..so you will have to pay for those 26 days.

By the way, the letting agent is Pat Robson, based in Jesmond (Newcastle). I would strongly recommend NOT using them!!

I would be very careful about stating this on here.  She could have you for liable.

I would be very careful about stating this on here.  She could have you for liable.

I'm not slandering the company. I'm just stating that they are our letting agent and I would not recommend using them based on our problems with them. Is this illegal? I know in the States it's not.

I wish I had some advice for you, because that sounds like an awful situation. Hopefully someone with some legal experience will post soon and give you a bit of guidance.

In the meantime, all I can say is that nothing in what you've posted looks libelous to me so I wouldn't worry about it.

Have a gander at

http://england.shelter.org.uk/

They will tell you how you would go about breaking your contract and if it is possible.  Good Luck!

Have a gander at

http://england.shelter.org.uk/

They will tell you how you would go about breaking your contract and if it is possible.  Good Luck!

Check your lease.  If it says that there is a certain notice period you need to quit, then you can get out early.  If not, you are stuck.
Too late now I know, but if you are going to pay a deposit, never, never pay anything over the first month in advance.
Having paid in advance, and given what you have so far said, you have little chance of getting out will all of your money.
Do you have an inventory for the flat?  If so, and to avoid being charged at the end of your lease, take, if possible, all of the defective items to the agents for replacement.  At least then you will have returned them "as found".  If these items do not get replaced, buy your own.
Bypass the agent, and go direct to the landlord and state your case to him/her.  But you will have to persist in all cases.  So far, there seems to be nothing that will get you out of this lease early if you are bound under it's terms.

Too late now I know, but if you are going to pay a deposit, never, never pay anything over the first month in advance.

I believe there are some places in the UK where it's not at all unusual to pay six months upfront.

I believe there are some places in the UK where it's not at all unusual to pay six months upfront.

It's very common, especially if you don't have a great credit rating. 

It's very common, especially if you don't have a great credit rating. 

Letting agents cannot demand a six month, or full initial rental payment.  And, especially not if you have, or are in a position to pay, a deposit.
Nor do you need, or should not need a credit rating.  However, what you should not have, is bad debt.  By that I mean a CCJ against your name, defaults do not always show up on credit checks.
My advice on this would be, should a landlord, or agent, demand six months up front (knowing that you can pay), and a deposit, then I would look elsewhere.
I realise that sometimes a feeling of desperation in finding somewhere to live takes over, and to secure a property seems to be the priority, but there are always places around with reputable, decent landlords/agents.   It is something to which you should give a lot of thought.
If they can check you out, then do the same in return.  They have a responsibility to abide by the lease, just as you have.
But, and very importantly, read thoroughly the lease before putting your X on it.

Thanks everyone for your replies. DH spoke to the letting office twice today, and our agent didn't ever say outright that we had no chance of getting anything back. He knows the contract is breached, I think, because he became very accommodating. The noise pollution and repetitive police visits to the flat upstairs meets the breach of contract, or at least false advertisement, as they led us to believe this neighborhood was studenty, but not bad or disruptive. In any case, he said he'd re-market the property immediately and try to get new renters in here so we could get another place.
They also sent someone out to look at the fridge today (finally!) and the repairman (who is contracted out and is not exclusively employed for them) said we need a new one altogether. The woman at the office apparently didn't feel that we should be entitled to any sort of compensation for all of the food that went bad today as a result of this broken appliance.

DH and I are still going to visit the citizen's advice bureau tomorrow just to see what they say, but we've already begun to look for flats elsewhere. The landlord himself does not live around here and is basically an absentee landlord. He doesn't want to put money into the flat, despite it being an energy hog, and probably figures that because it's a primarily student-occupied area, he won't have to. It's just unlucky for him that he got tenants who actually expect things to be in good working condition.

Well, at least now DH and I know what to avoid, and what to look for when renting... I'm glad for the lesson at least.

Check your lease.  If it says that there is a certain notice period you need to quit, then you can get out early.  If not, you are stuck.

That is not true.  It sounds as though the landlord may have breached their side of the contract.

Letting agents cannot demand a six month, or full initial rental payment. 

They can probably ask what they want.

Vicky

They can probably ask what they want.

Especially when there are people standing behind you who have the UK renting/banking/credit history that you don't have, and you are in a bind to get something because you are running out of time or money.

Especially when there are people standing behind you who have the UK renting/banking/credit history that you don't have, and you are in a bind to get something because you are running out of time or money.

My cousin and her boyfriend were asked to pay six months upfront everywhere they looked in Oxford. They're both British and have banking histories, but maybe they were too young to have much of a credit history between them.

My cousin and her boyfriend were asked to pay six months upfront everywhere they looked in Oxford. They're both British and have banking histories, but maybe they were too young to have much of a credit history between them.

Ditto for us in Oxford. Six months was the norm everywhere - even my British mother-in-law with very good credit was told that (she was looking on our behalf and would have co-signed if necessary).

This was several years ago, too, so I imagine this practice is more common now.

Funny, we were not asked that in Oxford, although my husband is British and has lived her for ten years, perhaps that makes a difference? Anyways, we ended up renting privately (if looking in Oxford, for anyone who reads this in the future, try dailyinfo.co.uk for Oxford rental listings) which has been fantastic and hassle-free.