I have a problem with the flat I just moved into. Can I withold the rent?

growse

growse

growse

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Right, just moved into a flat in north London. It's a managed flat, and the problem is that it's infested with bugs. The agents (foxtons) are useless and never follow up on their promises to call us back. If we need to get the place fumigated, we'll need to pack up all of our stuff (we have a lot of stuff) which is a significant inconvenience. Also, all of our stuff (clothes, bed, everything) is also probably now crawling with things.

Because it's managed, all of this should be the agent's problem, but they're not doing much at all. I'm going to phone them up and shout (a bit) at them tomorrow, but if they still prove to be difficult, can I withold the rent? Essentially, the house is uninhabitable, so I'm a bit cheesed off at paying rent to live in a brand new flat which supposedly had a "professional clean" before we moved in.

Any advice on where I potentially stand with this one?
 
If it's that serious you need to put some serious pressure on the agents, don't just phone, go down to their offices. If it's as serious as it sounds then they'll need to call in the council to get it sorted.

If the agents don't want to know, try contacting the landlord directly. Failing that, try the CAB. They'll tell you what you can and can't do in terms of rent etc.
 
Seeing the agent is tricky when I'm trying to actually work during the day. This is partly what makes this whole thing so frustrating.

If they're still rubbish after I phone tomorrow, then I'll try to take a day on Monday and go see them then.
 
I had some problems with an agency and was advised by my uni's legal help system that withholding rent payments can just lead to even more problems, and there are better ways to show them you're serious.

Not sure if that applies here, but I'd certainly ask the CAB before not paying the rent.
 
Collect a sample of the bugs in a jar and threaten to release it in their office to 'see how they like it' lol

Face to face dealings, also make a noise about how this is not some minor deal like getting a tap washer changed but a H&S issue and that they are remiss in failing to responding with alacrity.

If they still drag their feet after that I'd refuse to pay any rent until the matter is resolved to your satisfaction. A word with trading standards or the environmental health people might be in order if they continue to mess about after you make direct contact.
 
I am certainly no legal expert but if you withhold rent your breaking your side of the contract and opening yourself up for a lot more problems. You would be better putting it all in writing and sending it by recorded delivery for proof of delivery, giving them a set date to respond to your problem after which you will contract someone yourself to do the job and bill them for it.
It may also be worth contacting your local council as it is likely a health issue which they may be interested in.
 
Speak to CAB or similar asap. I would imagine you are in a very strong position but you need to know the correct proceedure to avoid ending up in trouble.
 
You won't end up in trouble if you withold rent - they can't haul you up on it if the place is infested. Take some photos and send them to the agent and tell them you're not paying till it's been sorted out.

In the rent that you pay to the agent there will also be a percentage that they take for management. If they are not managing the property correctly it is your right to stop payments. It's standard practise.
 
I bet that if you withhold rent, you get in trouble for it. You're in a legally binding contract, and the last thing you want to do is go around incurring bad references if you plan on renting again.

As has been said, photographic evidence (one of you in the picture with the bugs), recorded delivery, go and visit them.

Letting agents are UTTER crap. We've been living in our current place right now for over 2 months, and they've still not sent us the inventory to sign. absolute cowboys.
 
In respect to differences that may be prevelant between our two countries' laws, I'd wanna get advice from somebody on your side of the Atlantic mate, not from a British forum. (Unless of course anybody does know the answers he requires as fact or is American).
 
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Oops, my location is wrong, I'm in the UK :)

Thanks for the advice people, I'll go down the CAB route first before doing anything drastic.
 
Sic said:
I bet that if you withhold rent, you get in trouble for it. You're in a legally binding contract, and the last thing you want to do is go around incurring bad references if you plan on renting again.
Click to expand...

Take a look at your tenancy agreement, there should be something in there saying it's the landlord's obligation to keep the property habitable and free from infestation [this is a standard clause]. Or at least it should say that the tenant has the right to a habitable property. Remember, YOU can refuse to pay rent if the landlord is in breach of the lease, and he will be if the property is uninhabitable.

The thing is that Foxtons know there is a breach of the lease. A lot of the time agent will try and fob you off since most people don't know what standard procedure is. If you say you're witholding rent they'll get someone round. Not all agents are this bad, but Foxtons can be.

Anyway, I'm going to duck out of this thread since I'm repeating myself.
 
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