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fratty · Jul 25, 2011, 06:42 AM

In January we signed a lease for a 7 bedroom house to rent for a year starting on 1st July 2011. It was undergoing renovation that the land lord said would be finished by February, though this date moved to 'before you move in' when February passed by. The contract says that the house should have desks, wardrobes, drawers in the bedrooms by the time we move in. By the 1st of July, the house still wasn't finished - it didn't have the desks, wardrobes and drawers in the bedrooms and the bathroom sinks were not working properly, neither was the hot water.

Builders are still coming in daily a month after the date we were meant to be able to move in - using our electricity for their power tools, leaving lights on over night (we have to pay bills on top of rent). If we want to live there we have to move all of our belongings onto our bed every morning so the builders can carry on working in our bedrooms.

We have photographs of all the unfinished rooms. Is this a breach of contract? If so, what can we do about it? We have spoken to the estate agent who told us to sort it out with our land lord and our land lord is yet to get back to us regarding the problems.
Is there anything we can do? We have basically had to pay a months rent + bills for a house that we can't really live in and for electricity that the builders are using wastefully. None of us are living in the house at the moment but some of our belongings are there - we had wanted to move in, but with all the building work still going on we weren't really able to as some of us have exams to be studying for.

JudyKayTee · Jul 25, 2011, 06:47 AM

It's a breach if the (hopefully written) agreement was that the house would be finished when you move in - and it is not.

I would tell the landlord you are moving out, give written notice citing what you have said here, asking for a portion of your rent to be returned.

If he/she doesn't comply I'd file in Small Claims Court.

joypulv · Jul 25, 2011, 06:50 AM

Sounds like breach to me. As usual in these cases, you bear the burden of proving it, and pictures are one of the best (you could use the today's paper trick). Since this is a frat? You could put rents in escrow with a lawyer and let him/her handle this for not too much fee, and start holding the LL liable for utilities, or to be really mean, have them shut off.

AK lawyer · Jul 25, 2011, 07:36 AM

Originally Posted by fratty

... We have spoken to the estate agent who told us to sort it out with our land lord and our land lord is yet to get back to us regarding the problems. ...

Use of the term "estate agent" suggests to me that this is in the UK. Correct?

Originally Posted by joypulv

Sounds like breach to me. As usual in these cases, you bear the burden of proving it, and pictures are one of the best (you could use the today's paper trick). Since this is a frat? you could put rents in escrow with a lawyer and let him/her handle this for not too much fee, and start holding the LL liable for utilities, or to be really mean, have them shut off.

I am really puzzled why OP even started to move in, and paid for the electricity to be turned on, if the house wasn't ready.

Yes, by all means, shut off the utilities. If the LL or the builder wants electricity let them take care of it.

And yes, notify the LL that they are in breach, refuse to make any more payments, demand a refund, and damages for the breach.

fratty · Jul 25, 2011, 07:37 AM

Yikes, just got a call back from the land lord who swore at me and said that if we wanted our money back he would 'make something up and get us kicked out of the house' and that 'we don't want to mess with him'.
The agreement was a written one, but now I am kind of scared to do anything about it. Does anyone have any idea how much legal fees would be?

Also, if we were to be compensated for the month we have been unable to live in the house and are still able to live there, I am worried about the threatening behaviour of the land lord.

joypulv · Jul 25, 2011, 08:01 AM

I wouldn't want to live there anymore either. He had 6 months to be ready and he sounds like he's going to be 6 months behind in everything he does in the future too. Start looking for another place, tell him in writing that threatening you is the last straw, and that you are suing him for your money back. Go take lots more pictures, including workmen and trucks and tools, get all your belongings out of there, and file a small claims case. You don't need a lawyer, just a filing fee, which you will win back. You still haven't said what country you are in?

fratty · Jul 25, 2011, 08:34 AM

I'm from England! Sorry for not putting that.

AK lawyer · Jul 25, 2011, 08:55 AM

Originally Posted by fratty

Yikes, just got a call back from the land lord who swore at me and said that if we wanted our money back he would 'make something up and get us kicked out of the house' and that 'we don't want to mess with him'.

... but now I am kind of scared to do anything about it.
...
I am worried about the threatening behaviour of the land lord.

Don't let him intimidate you. From what you say, this guy is in a difficult situation, perhaps in financial straits (which would possibly explain why he is a half year behind schedule), and is doing the only thing he can think of: a bluff.