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I have been renting a studio flat in private student halls from a brand that has many developments around the country. I have an assured short-hold tenancy agreement and pay £187 a week to stay at this accommodation as it is meant to be 'luxury'. During my stay here, i have had a multitude of issues, some of which i believe have breached the tenancy agreement and ANUK which is the national code they follow. I have also been advised by shelter that they are violating the Housing Act 1985 Section 11 and 'Quiet Enjoyment'.
I originally was sold this room on the basis that it was an experience lead accommodation with weekly events, being a student with social anxiety and depression it was the weekly events that sold the place to me as I was extremely worried about the transition of moving away from home and my first year at uni, however none of these things happened. I, in result, had a bad mental health relapse in first semester as I struggled majorly making friends and transitioning.There was a number of other aspects of the brand that we were informed would be put into motion this year including a pizzeria on-site and a dog, which whilst were less important, still contributed to my decision. I believe this breaches ANUK as it states the following -
'Section 3: Marketing prior to letting property to tenants
Managers will ensure that:
3.0. All property details are reported accurately without misrepresentation to prospective tenants, including details provided in prospectuses, brochures and on websites.'
I also have Crohn's disease, so an ensuite and private kitchen were necessities for me. My toilet was broken and despite being aware of this and me frequently asking for it to be fixed, the company did not fix it. I was having to use communal toilets in a separate building, which if you are aware of the symptoms of Crohn's, you will understand was a huge issue. I believe this is the issue that violates The Housing Act 1985 Section 11, it also breaches ANUK as it is stated -
'Repairs and Maintenance
Managers will ensure that:
4.6. The establishment has documented, and communicated to tenants at the beginning of the tenancy, the system for reporting any repair/maintenance issues, including how complaints about outstanding or ineffective repairs can be made and to whom these should be addressed;
4.7. This system also defines a method for the categorisation of maintenance activities and repairs which will meet as a minimum the following performance standards:
Managers will ensure that:
4.16. All tenants are provided with appropriate WC, bath and/or bath and/or shower facilities to comply (or a programme of work is planned to achieve compliance) with the levels of provision laid down by the Local Authority for residential developments of this type.'
Also, my tenancy agreement states -
'4. Landlord's Obligations
Throughout the Tenancy Period the landlord will:
4.5. Refund to the Tenant any Rent paid for any period in which the Premises is totally uninhabitable or inaccessible as a result of any damage not caused by or resulting from the Tenant save where loss of rent is not recoverable under the Landlord's insurance policy by reason of the Tenant's action.'
Does this cover not having a working toilet?
My last main issue is that I have had staff members let themselves into my room, without a 24 hour warning. During one incident of this, I was in the shower and my boyfriend was in bed, my door was on double lock. A staff member was knocking on my door but due to me being in the shower and my door being on double lock i did not go to answer it, the woman continued to let herself in (she had a fob that let her in despite of the lock as she was a head of housekeeping) and talk to my boyfriend despite him being visibly uncomfortable due to being nude in bed and knowing i was in the shower in the ensuite. Shelter have advised me that these incidents go against 'Quiet Enjoyment'. It also breaches my contract as it states -
'5. Tenants Obligations
Throughout the Tenancy Period the tenant agrees:-
5.3. To allow the Landlord access to the Premises under the terms of this agreement following the Landlord giving statutory 24 hours' notice, except when in emergencies, i.e. floods, fire, electrical fault and other or where the Tenant has requested the Landlord to rectify any faults or carry out maintenance.'
It also goes against ANUK as it is stated -
'Section 4: During the tenancy
Access
Managers will ensure that:
4.2. Where access is required to a tenant’s room or communal areas for other purposes each affected tenant receives appropriate notification of the date, time, estimated duration and purpose of the visit, except in the case of access needed in an emergency situation.'
I have been in contact with the regional manager as I am now seeking compensation, however am having to wait 2 weeks between replies to have my complaints belittled and not taken seriously. Last reply i received was her refusing to compensate me but saying they appreciate my feedback. I was hoping to receive 25% of my rent back. I have calculated this as in relation to 4.5 in my tenancy agreement would be £1,496 then £700 for the other issues. I feel my issues have been very significant and caused my a lot of trauma, does this sound reasonable and what are my next steps?
Any advise would be appreciated, as I am 19 and very new to all of this so am just going by advice from Citizens Advice, Shelter and my own research. If there's any other details that would be helpful also please let me know, as i'm not sure what is relevant and don't want to go on too much!
Thank you in advance
I have been renting a studio flat in private student halls from a brand that has many developments around the country. I have an assured short-hold tenancy agreement and pay £187 a week to stay at this accommodation as it is meant to be 'luxury'. During my stay here, i have had a multitude of issues, some of which i believe have breached the tenancy agreement and ANUK which is the national code they follow. I have also been advised by shelter that they are violating the Housing Act 1985 Section 11 and 'Quiet Enjoyment'.
I originally was sold this room on the basis that it was an experience lead accommodation with weekly events, being a student with social anxiety and depression it was the weekly events that sold the place to me as I was extremely worried about the transition of moving away from home and my first year at uni, however none of these things happened. I, in result, had a bad mental health relapse in first semester as I struggled majorly making friends and transitioning.There was a number of other aspects of the brand that we were informed would be put into motion this year including a pizzeria on-site and a dog, which whilst were less important, still contributed to my decision. I believe this breaches ANUK as it states the following -
'Section 3: Marketing prior to letting property to tenants
Managers will ensure that:
3.0. All property details are reported accurately without misrepresentation to prospective tenants, including details provided in prospectuses, brochures and on websites.'
I also have Crohn's disease, so an ensuite and private kitchen were necessities for me. My toilet was broken and despite being aware of this and me frequently asking for it to be fixed, the company did not fix it. I was having to use communal toilets in a separate building, which if you are aware of the symptoms of Crohn's, you will understand was a huge issue. I believe this is the issue that violates The Housing Act 1985 Section 11, it also breaches ANUK as it is stated -
'Repairs and Maintenance
Managers will ensure that:
4.6. The establishment has documented, and communicated to tenants at the beginning of the tenancy, the system for reporting any repair/maintenance issues, including how complaints about outstanding or ineffective repairs can be made and to whom these should be addressed;
4.7. This system also defines a method for the categorisation of maintenance activities and repairs which will meet as a minimum the following performance standards:
- Priority One – Emergency Repairs – are completed as soon as possible or in any event within 24 hours of a report of a defect. These would be any repairs required to avoid a danger to health, a risk to the safety of residents or serious damage to buildings or residents’ belongings;
- Priority Two – Urgent Repairs – are completed within five days of report of the defect. These would be any repairs which materially affect the comfort or convenience of the residents;
- Priority Three – Non-Urgent Repairs – are completed within 28 days of a report of a defect. These would be any repairs not falling within the above categories.
Managers will ensure that:
4.16. All tenants are provided with appropriate WC, bath and/or bath and/or shower facilities to comply (or a programme of work is planned to achieve compliance) with the levels of provision laid down by the Local Authority for residential developments of this type.'
Also, my tenancy agreement states -
'4. Landlord's Obligations
Throughout the Tenancy Period the landlord will:
4.5. Refund to the Tenant any Rent paid for any period in which the Premises is totally uninhabitable or inaccessible as a result of any damage not caused by or resulting from the Tenant save where loss of rent is not recoverable under the Landlord's insurance policy by reason of the Tenant's action.'
Does this cover not having a working toilet?
My last main issue is that I have had staff members let themselves into my room, without a 24 hour warning. During one incident of this, I was in the shower and my boyfriend was in bed, my door was on double lock. A staff member was knocking on my door but due to me being in the shower and my door being on double lock i did not go to answer it, the woman continued to let herself in (she had a fob that let her in despite of the lock as she was a head of housekeeping) and talk to my boyfriend despite him being visibly uncomfortable due to being nude in bed and knowing i was in the shower in the ensuite. Shelter have advised me that these incidents go against 'Quiet Enjoyment'. It also breaches my contract as it states -
'5. Tenants Obligations
Throughout the Tenancy Period the tenant agrees:-
5.3. To allow the Landlord access to the Premises under the terms of this agreement following the Landlord giving statutory 24 hours' notice, except when in emergencies, i.e. floods, fire, electrical fault and other or where the Tenant has requested the Landlord to rectify any faults or carry out maintenance.'
It also goes against ANUK as it is stated -
'Section 4: During the tenancy
Access
Managers will ensure that:
4.2. Where access is required to a tenant’s room or communal areas for other purposes each affected tenant receives appropriate notification of the date, time, estimated duration and purpose of the visit, except in the case of access needed in an emergency situation.'
I have been in contact with the regional manager as I am now seeking compensation, however am having to wait 2 weeks between replies to have my complaints belittled and not taken seriously. Last reply i received was her refusing to compensate me but saying they appreciate my feedback. I was hoping to receive 25% of my rent back. I have calculated this as in relation to 4.5 in my tenancy agreement would be £1,496 then £700 for the other issues. I feel my issues have been very significant and caused my a lot of trauma, does this sound reasonable and what are my next steps?
Any advise would be appreciated, as I am 19 and very new to all of this so am just going by advice from Citizens Advice, Shelter and my own research. If there's any other details that would be helpful also please let me know, as i'm not sure what is relevant and don't want to go on too much!
Thank you in advance
