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Please help us, we don't know what to do.
We are 3 siblings (claimants) who signed an assured shorthold tenancy agreement on 14th March 2024, for 12months with a break clause of 6months. My sister’s 8 year daughter also had to move in with us.
The property was listed by an agency who showed us the property. At the time of viewing, we asked some work to be done in the house, such as removal of landlord items (clothes, kitchen utensils, toys etc), installation of new cooker and extraction fan and thorough cleaning of the property. After consulting with the landlord the agency agreed for the work and we deposited the holding fees. The agency and we mutually agreed for a move in date of 12th March 2024. Accordingly, we cancelled our current tenancy contract by giving one month of notice that was ending on 14th March 2024 morning. We kept 2 days as buffer for moving, cleaning etc.
From 6th March, the agency started pushing us to delay the movein date as the landlord was on holiday and has not done the required work. This was verbal communication. We could not delay the date as we already ended our current contract. After multiple communications, the agency told us that they can do 14th March 2024 as the move in date at best and promised us that all the work will be done.
On 14th March 2024, we went to agency office and again confirmed if all the work is complete, and the property is ready to move in. The manager of the agency assured us, and then we signed the contract and paid the rent and security amount (a total of £1650 rent and £1900 security).
When we reached the property, there was nowhere new cooker and extractor, landlord’s stuff was still there, and the house was not at all cleaned. There were blood stains on the beddings. The property was listed with an underground secured car parking, to our shock it was fully packed with someone’s belongings, so no way we could use it to park our car (we have photos). On contacting landlord, she said she is not aware of the belongings and would take few weeks to sort that out. She offered to use visitor’s parking which is not secure, and on first come first basis. She also told us that the hob will take another few days. They were supposed to give us 3 sets of keys, but we received 2, the landlord asked us to make another copy of key ourselves.
On contacting the agency, they started saying the landlord was hospitalised so could not finish the work. So they withheld the truth. We immediately notified agency and the landlord of our decision to cancel the contract and requested a full refund of the amount paid as we could not trust the agency and the landlord intentions to fix the issues promptly and urgently. We returned the property keys the same day (14th March 2024) to agency’s manager in person, which were accepted by her. We never occupied the property. The manager also assured us verbally that she would cancel the contract and we will get our full refund. However, these were all lies.
Despite sending multiple formal notices to ‘Unwind the tenancy’ on the basis of egregious misrepresentations and breaches of trust, the contract between the Claimants and landlord is rendered null and void under the provisions of the Consumer Protection from Unfair Trading Regulations 2008, the agency and the landlord are not refunding the money or security. The security is kept under TDS and they want a proof of end of tenancy to release the tenancy.
If the truth about the property condition would have presented by agency to us on 14th March 2024, we would have never signed the contract. Landlord informed us that she will not refund the monthly rent of £1650 to and pressurised us to sign the ‘Early release of tenancy’ document by 13th April 2024, with an ultimatum that if we do not sign it, she will not refund the security amount and will deduct 2nd month of rent. This ultimatum has left us deeply concerned, particularly as the contract has not been terminated by the agent/landlord, despite our never having moved in or access to the property.
We got a final response from the agency’s customer care and there is a descrepency in their and landlord answers on the underground parking. The final response says, the landlord was using this space to store some of her items, which contradicts the landlord whatsapp message which says, she is not aware whose belongings are there in the carpark..
Please inform us how do we get out of the tenancy agreement and get our refund back. Citizen advice told us to fill small claims form for monetary claim but will this end the tenancy? Please help as we are really stressed and have not experienced such a fraud so far.
We are 3 siblings (claimants) who signed an assured shorthold tenancy agreement on 14th March 2024, for 12months with a break clause of 6months. My sister’s 8 year daughter also had to move in with us.
The property was listed by an agency who showed us the property. At the time of viewing, we asked some work to be done in the house, such as removal of landlord items (clothes, kitchen utensils, toys etc), installation of new cooker and extraction fan and thorough cleaning of the property. After consulting with the landlord the agency agreed for the work and we deposited the holding fees. The agency and we mutually agreed for a move in date of 12th March 2024. Accordingly, we cancelled our current tenancy contract by giving one month of notice that was ending on 14th March 2024 morning. We kept 2 days as buffer for moving, cleaning etc.
From 6th March, the agency started pushing us to delay the movein date as the landlord was on holiday and has not done the required work. This was verbal communication. We could not delay the date as we already ended our current contract. After multiple communications, the agency told us that they can do 14th March 2024 as the move in date at best and promised us that all the work will be done.
On 14th March 2024, we went to agency office and again confirmed if all the work is complete, and the property is ready to move in. The manager of the agency assured us, and then we signed the contract and paid the rent and security amount (a total of £1650 rent and £1900 security).
When we reached the property, there was nowhere new cooker and extractor, landlord’s stuff was still there, and the house was not at all cleaned. There were blood stains on the beddings. The property was listed with an underground secured car parking, to our shock it was fully packed with someone’s belongings, so no way we could use it to park our car (we have photos). On contacting landlord, she said she is not aware of the belongings and would take few weeks to sort that out. She offered to use visitor’s parking which is not secure, and on first come first basis. She also told us that the hob will take another few days. They were supposed to give us 3 sets of keys, but we received 2, the landlord asked us to make another copy of key ourselves.
On contacting the agency, they started saying the landlord was hospitalised so could not finish the work. So they withheld the truth. We immediately notified agency and the landlord of our decision to cancel the contract and requested a full refund of the amount paid as we could not trust the agency and the landlord intentions to fix the issues promptly and urgently. We returned the property keys the same day (14th March 2024) to agency’s manager in person, which were accepted by her. We never occupied the property. The manager also assured us verbally that she would cancel the contract and we will get our full refund. However, these were all lies.
Despite sending multiple formal notices to ‘Unwind the tenancy’ on the basis of egregious misrepresentations and breaches of trust, the contract between the Claimants and landlord is rendered null and void under the provisions of the Consumer Protection from Unfair Trading Regulations 2008, the agency and the landlord are not refunding the money or security. The security is kept under TDS and they want a proof of end of tenancy to release the tenancy.
If the truth about the property condition would have presented by agency to us on 14th March 2024, we would have never signed the contract. Landlord informed us that she will not refund the monthly rent of £1650 to and pressurised us to sign the ‘Early release of tenancy’ document by 13th April 2024, with an ultimatum that if we do not sign it, she will not refund the security amount and will deduct 2nd month of rent. This ultimatum has left us deeply concerned, particularly as the contract has not been terminated by the agent/landlord, despite our never having moved in or access to the property.
We got a final response from the agency’s customer care and there is a descrepency in their and landlord answers on the underground parking. The final response says, the landlord was using this space to store some of her items, which contradicts the landlord whatsapp message which says, she is not aware whose belongings are there in the carpark..
Please inform us how do we get out of the tenancy agreement and get our refund back. Citizen advice told us to fill small claims form for monetary claim but will this end the tenancy? Please help as we are really stressed and have not experienced such a fraud so far.
