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Old 19-03-2008, 12:47 PM
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Default Help for my friend please?

Could you give me some advice. My friend is having to rent whilst her new house is being built and has taken a six month tenancy on an old listed cottage. The property was previously occupied by two friends of hers and the Landlord is a farmer on whose land the cottage is. All dealings are through an agent though.

Anyway, she moved in last Thursday. By Monday, the electricity had packed up and there was no hot water (the house is heated by storage heaters and open fire). As she has a 16 month old baby, she had no choice but to pack up and move out to her mums as the house was uninhabitable and all her food was ruined by the freezer defrosting. Never mind that it was bitterly bitterly cold and they could see their breath whilst indoors

The agent has been promising since Monday to "send somebody out" but has not done so. I realise that it is only Wednesday but she has had to move out and I feel this is wholly unacceptable when they are aware she has a small child.

She feels that this is the shape of things to come. Can she get out of the lease? I wondered if this was possible on the basis that the house is not fit for the purpose?

To top it all, BT were due in on Monday to put in the new landline. They didn't turn up because apparently her account has been reverted to a DCA!! Despite having paper proof that she owes BT nothing, they are insisting that they cannot put the line in! Outrageous!

So, no landline, no mobile signal, no hot water, no heating.....what a bum!!

Any advice!

Thanks
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Old 19-03-2008, 02:57 PM
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I am not sure of the legalities, but I would having words with the Owner about the situation. He might be able to sort the Agent out to get this done. I am sure if this went to tribunal the heating packing up and having to move out because of this might not go in the favour of the landlord and they would be entitles to a rent reabte for time they are not in the house.

I am sure I will be corrected if I am wrong. I can only go my own experience when we rented. Annington Homes had to refund two months rent to us when the central heating packed up and the Agents took ten weeks to get someone out to service the unit
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Old 19-03-2008, 07:03 PM
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I used to rent before i bought my flat and i was on an Assured Shorthold Tenancy, the agreement highlighted everything that the landlord was responsible for.

Can i ask who is the farmer?, you can PM if you want. I grew up on a farm near to where you live a know of many of the the local farmers in the area.
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Old 19-03-2008, 07:43 PM
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Ok found this in my law book, not sure if it is still applicable as the book is older than me but it might help.


Where there is no agreement for repairs between the landlord and the tenant, the the Housing Act 1961?? (again this is an old book) will often provide an answer to problems that may arise. Under the 1961 Act leases of less than 7 years made after October 24 1961 (obviously it is!) makes the landlord responsible for repairs to the structure and exterior of a property - including walls, roof, drains, gutters, and pipes. he must also repair plumbing and keep gas pipes, electric wiring, sockets and switches in working order.

Hope my book has helped!
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Old 19-03-2008, 07:44 PM
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Ah.... i see Term is here he will know!
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Old 19-03-2008, 07:45 PM
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Once the AST has been signed it then becomes legally binding.The only way your friend could get out of it is if there is a "get out" clause in the agreement.As all tenancies fall within the provisions of Landlord & Tenant Act(1985) the landlord is responsible for the installations in the property.From what you posted this sounds that this falls within the "Parker Guidelines" which means you can apply to the courts for an emergency injunction which the courts must give to have the remedial works to be carried out as an emergency.Subsequently as you have a small child the Landlord has a duty of care and as the premises are defective he is in breach of S4 Defective Premises Act(1972).I recommend that your friend contact her Local Council as they should have a Enviromental Health department that deals with Private Landlords and we have the power to issue enforcement notices.There the options I can think of at the moment.

Regards

Term
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The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

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Old 19-03-2008, 07:49 PM
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Oh wow! You're all brilliant, thank you!!

I will cal J tonight to discuss, see what we can come up with!

Thank you very much!

Now all of you who can access my MBNA thread, please do, I need some help there too!!

Thanks again!
xxx
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Old 27-04-2008, 01:33 AM
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Any update on this Corn?
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