[yanwang]

At the end of March 2008 my girlfriend and I, together with our 12 month old son contacted property letting agent XXXX Home Limited Leyton, We made an appointment with Victor to view XX Burwell Road, Leyton E10 7XX. The property was empty and in need of some repairs and general maintenance work. We agreed to rent the property on the proviso that these works would be undertaken and completed. The agent promised that all work would be done.

The work consisted of:

• Two bedrooms upstairs to be painted, one single room to be left as was.
• All rooms downstairs to be painted
• Cooker/oven to be replaced with new.
• Freezer to be cleaned.
• Carpets to be professionally cleaned throughout.
• All appliances, this to include gas central heating and hot water, to be in good working order.

We advised the agent that we needed to move into the property as soon as possible and he said that he would discuss matters with the landlord and let us know. The agent requested that I visit his office to sign the contract and also to pay the holding fee of £250.00. This was done. The agent advised that the landlord would need 2 weeks to carry out all repairs and maintenance, as outlined above, and it was agreed that we would move into the property on the 9th April 2008 at an agreed rent of £220.00 per week. The contract was signed both parties. a few days later, the agent telephoned me again to say that the landlord had now refused our offer of £220 but will accept £230.00 because once all the work had been complete it will be worth £230 or even £240.00. This I agreed to and I again visited the the office to sign the amended contract. I was then advised that the landlord needed more time for the aforesaid maintenance to be carried out – we agreed on a further week and our moving in date was then moved to 16th April 2008.

On the morning of 16th April, my agreed moving in date, I was to visit the letting office to pay the deposit and one month’s, and inventory fees, cash handing charges, and key’s deposit totaling £2,125.00. My route took me past the XX Burwell Road and I stopped and took a look through the letter box and window. I was extremely disappointed on the condition of the property as there didn’t seem to be any change from our first viewing. When I arrived at the letting agents and spoke to Victor he was surprised to see me and was adamant that it was not the 16th, our agreed moving in date. After telling him 3 times that it was the 16th and I was there to pay the deposit together with one month’s rent and to collect the key, he finally checked on his calendar on his computer and agreed that it was indeed the 16th! He also seemed to have forgotten the agreement we had over the repairs that were to be carried out before I moved in. Victor then advised me that the property would not be ready until the following day, the 17th, and the landlord would hand the key over at about 10.00am on that day. He did say that I could view the property again before I pay deposit and rent.

I was on my way to the agent’s office on the 17th at about 9.30am when I received a call from the agents stating that they would not be in possession of the key until midday and that he would himself take me to visit the property at that time. When I arrived at midday I was told that the agent couldn’t now take me to the property as he was alone in the office and couldn’t leave it unattended. He informed me that I would have to wait 3 to 4 hours until somebody came to the office to take over. One minute later, Peter, the manager emerged from the back of the office! When I pointed out that he manager was now in the office to take over, the Victor still insisted that he could not take me at that time. I did not have the time to wait 3 to 4 hours so decided to give the agent the benefit of the doubt that all works had been completed and the property was indeed ready for us to move in, and I then paid the deposit, the rent and other fees including £20.00 cash handing fee and signed the contract and the direct debit. I was then given the key and told by Peter the manager that if there were any problems to come back to them.

The key didn’t seem to fit the lock at the beginning and after spending 10 minutes trying to gain entry to the property, I was flabbergasted to find that the property was in virtually exactly the same state as it had been on my first visit to the property. The cooker was filthy, the freezer was emitting a foul smell, there was no gas and therefore no hot water, no painting had been done with the exception of one room and the fumes from the paint was overpowering. There were still piles of rubbish left in the front yard which the landlord had promised on several occasions to remove. This rubbish is still there!! As you can imagine this is totally unsatisfactory especially for our son. At this point I just wanted to turn tail and run but this was not a viable option as I had nowhere else to go and I was worried that they would not refund the money I had already paid out.

I contacted the agent and explained the situation and that none of the agreed works had in fact been carried out and this was totally unacceptable. The landlord came to the property quickly (I later realized that the agent was still holding the rent at that stage and would not release it to the landlord until the I had signed the form stating that I was happy). When I explained to the landlord about the gas he said that I just needed to top up the gas card, this my girlfriend did with no success. I then spent 30 minutes trying to contact British Gas who sent an emergency engineer round to the property. They eventually confirmed that there was a fault with the meter which needed repair. So, the first evening in our new home was spent without gas as the engineer didn’t arrive until the next day. When they the engineer did arrive he advised that the meter actually belonged to Siemens and therefore he had no authority to undertake any repairs to the meter. Then I have to ring British again and wait. The landlord brought two builders with him (at this point the landlord claimed that the house was not in fact his but his father’s), who were to be hired to do the painting. From the conversation between the landlord and the builders it was clear that they knew each other well.

From a security point of view I decided at this point to move my bags, together with 2 laptops, 2 desktop computers, 3 PDA’s and 1 SatNav unit upstairs to a room which I was able to lock. With the exception of one laptop which was mine, all these items belonged to my customers and were in my possession for service. And all this was done in plain view of the builders and the landlord and they were aware of the items being taken upstairs.

I then telephoned British Gas again and after 10 to 15 calls they agreed to send an engineer to repair the meter. I then went to top up the key sent to me previously by British Gas with £30.00. I later discovered that only £16.50 of this amount was actually credited to the meter – I presume there was an unpaid debt on the meter and this amount was therefore deducted.

During this time I received a telephone call from a friend inviting my partner and myself together with our son out to dinner. I told the landlord where we were going and he asked how long we would be to which I replied approximately 2 hours. During the time we were away from the property the landlord rang me 3 or 4 times to enquire when we would be back. We arrived back at the property 3 to 4 hours later. During the second room had been painted but was still not complete and the landlord explained that he would be back with the builders to complete all works next day which they never did. The landlord also told me that two Chinese men had arrived at the front of the house and were saying something that he did not understand. I believe that this is a lie and they were laying the ground work for what I was about to discover.

About 10.30pm I went upstairs to retrieve the items I had earlier locked away. I had great difficulty trying to unlock the door, after about 20 minutes I gave up. The next day (20th April) I again tried to unlock the door and this time I persisted, my intention was that if the lock was damaged I would replace it. When I eventually gained access to the room I found that one desktop was missing, together with one laptop, 3 PDA’s and 1 SatNav unit.

The laptop and its charger where in separate cases; both cases had been emptied, the contents taken and the cases left behind. My personal computer was left behind and I believe this was because it was fairly old and one which I only use for work. Clearly the thief had plenty of time to pick and choose as to which items were the most valuable – he obviously had no use for the older laptop.

The landlord and his builders were the only people other than myself with access to the property, and in view of the fact that there were no signs of forced entry anywhere, the only conclusion I can come to is that they were responsible for the theft of these items. I telephoned the landlord and asked him where these items were and advised him that if they weren’t returned to me immediately I would withhold any rent as and when it became due. The landlord denied he had any involvement with this theft and said that he would contact the builders and bring them back to the property so the matter could be resolved. When they arrived they looked around the property and started talking to each other, this escalated into arguing. One of the builders said he did not know how to use a computer and the other one said he had heard we had lost some jewellery. Jewellery was never mentioned by either me or my partner. They continued to argue between themselves and deny any involvement, although they did promise to change the locks on both the back and front doors. Rather like closing the stable door after the horse had bolted! I should mention that has still not been done. Their reason for not being responsible for the theft is that they are paid well by the landlord and have no need to steal – as far as I am concerned this is irrelevant. As already stated, they were the only ones with access to the property and this speaks for itself.

The agent telephoned me the next day to find out what had happened. I related events to him and he proceeded to advise me that these items could be claimed for on my insurance. As we were new to the property we had still not put any provision for insurance in place, thus we have no way to recover this loss. With hindsight I now realize that the theft of these items should have been reported to the police immediately, I shall now rectify this.

Continuing on from all the above, the landlord then became abusive and said that I was making excused in order to avoid paying the rent. I resent this accusation as I have a good credit rating with my bank and I make it a point to never owe anybody money. I have gone through my life with this attitude and it has always stood me in good stead with my peers.

All I want is a place to live with my partner and our son and to be happy – I am happy to pay rent and did not have any problem with the rent agreed.

There are problems at the property which still need to be rectified, i.e. the boiler. There is not consistency with the hot water – sometimes it is burning hot, other times it is tepid and at other times it is cold. When it is hot it is scalding - we have a child and this is not only inconvenient but dangerous, is this breach of health and safety regulations? You cannot take a shower as there is no way to stabilize the temperature and you are at risk of being scalded.

I have relayed this to the landlord and when he came to the property to continue with the repairs, bearing in mind that these repairs that should have been completed before our occupation as agreed, he again became abusive and again accused me of trying to avoid payment of rent. He said that there is nothing wrong with the boiler – if there was nothing wrong why would I call him? I agreed to check when I got home. This I did and found no change but I could also hear water and found there was a tap leaking outside. I then rang the landlord again, by this time I was extremely frustrated by the whole situation, and demanded that he put right the boiler immediately. He eventually arrived with a builder claiming to be a plumber in tow. They found the water leak outside and then tried to put the blame on me claiming misuse – pray how do you misuse a tap?! He also claimed that we had misused the boiler and said that we had to pay for it’s repair or replacement. The problem with the boiler has STILL NOT BEEN RECTIFIED.

The landlord then accused me of sub-letting and said that he was going to talk to the agent with a view to increasing the rent. When I signed the rental contract for the property the agent was informed that my friends would be staying with us and I was told that this didn’t pose a problem. What has changed? The agent called me the following day and said that he needed to see me immediately – I explained that I was on my way to work and asked if it could wait until the next day to which the agent said no, I had to come to the office immediately. When I reached the office I was informed that the landlord had demanded more rent as we were sub-letting. The rent would be increased to £1,150.00 pm from £996.66 pm with immediate effect. I contested the increase and reason and stated that I would not pay a penny more than was already agreed. The agent then said that I had to vacate the property and I had 2 weeks in which to do so. The contract states 4 weeks and it will take me at least this length of time to find another property. I feel that I have been treated unfairly in the whole matter.

Whilst there, I related to the manager, Peter, the circumstances surrounding the theft of the items from the property. I told him I am felt the landlord and/or his builders were involved in the theft. The Manager stated that he knew him fairly well and his family are rich. I again stressed that the landlord and the builders were the only people other than me with access to the property, and in view of the fact that there were no signs of forced entry anywhere, who else had the time and opportunity. Peter said it was possible for someone to open the door by using a credit card; I refuted this as this can only be done with particular types of locks – not this one. When I showed Peter the key he agreed with my view. At no time, either during telephone conversations or our meetings, did Peter actually say that the landlord did not, or was involved, in this.

I am aware that the landlord holds a spare key to the front door and I asked for this to be given to me. The landlord refused and said that the house is indeed his property and he has the right to hold the key. I was surprised and said that I would check this with the agent. Common sense says that if a landlord lets a property they should not hold a copy of the key and, in view of all that has taken place, you can understand why this makes us feel uncomfortable and unsafe.

I did mention this to the agent and his manager, Peter, pointed out page 2 section 11 within the tenancy agreement which states:

‘To permit at all reasonable times during the tenancy the landlord and his agent and other to enter into and upon the premises for the purposes of repairing inspecting and painting…,

This means that the landlord should have a key. !?

When leaving the office, I told the agent that if my family and I were to remain in the property, the rent would have to remain as agreed and all repairs to the boiler carried out. The agent said he would discuss this with landlord and let me know.

The agent then went on to also accuse me of misusing the boiler. This I absolutely refute. I know nothing about boilers; I only know how to switch them on and off. There is no sign which says do not touch and I must have access to hot water. I searched the internet to find a local plumber to at least temporarily fix the problem. I contacted a plumber named Sam, whose name and address can be supplied, who came round to look at the boiler. On inspection he stated that there were many problems with the boiler, so many in fact that, in his opinion, it would not be financially viable to repair it – the most cost effective route would be to replace the boiler entirely. This cannot and is not my fault. He also pointed out that the boiler is situated near the window and the tap visible is illegal. In his opinion the boiler has not been installed properly and definitely not within regulatory guidelines. He quoted £2,500.00 to replace the boiler and said that this responsibility lies with the landlord and not the tenant. He telephoned the agent and explained the situation but the agent did not seem interested – his attitude was that the blame lay with us for misuse of the boiler – am I right in presuming that the agent is a qualified plumber too??? I did pay Sam £60.00 which was his call out charge. My partner took the receipt with quotation £2500 round to the agent after plumber left - agent laughed. He said that the receipt was handwritten, not printed, and could have been supplied by anyone – maybe a friend wrote it out for us. When my partner denied this accusation the agent became highly agitated and intimidating, he pointed his finger in her face and asked her to leave. My partner called me crying and told me what had happened and I told her to go home and we would seek advice from the police, Citizens Advice Bureau and from trading standard. He finally agreed to contact the landlord and promised to repair the boiler the same day.

Later that day the agent called me to say that if I wanted to remain in the property then the landlord would be increasing the rent to £1,080.00 instead of £1,150.00, I argued with this and again reiterated that I would not pay a penny more. I then telephoned the landlord to remind him of the problems with the boiler and also text to him, since then whenever I broach the subject of the boiler with him, his immediate response is 'due to misuse', and any discussion we have on the subject is based on the his opinion of our misuse and hence the responsibility for any repairs there to lies on us, therefore we cannot have a discussion on the matter as we are going to continue to disagree. The landlord also later contacted me on a withheld number to inform me that the cost of the boiler repair would be deducted from my deposit but he would not increase the rent. I told the landlord that the responsibility for the boiler lay with him – not me. The landlord became angry with me then and said that he had many people wanting to rent the property and that if I wanted to stay then stay, but if wanted to leave then leave, ‘I don’t give a shit’ ( exactly his wording). I think this is a very unprofessional and uncalled for attitude from the landlord. I told him that he had to repair the boiler and that we would discuss the cost at a later date. Obviously I do not feel that the cost of repair is my responsibility but I can see no other way of getting the boiler repaired. The landlord promised that the repair would be undertaken the next day – but, surprise, surprise, 4 days later and we are still waiting.

I have written this statement as I have now decided to report the theft at the property to the police and I also intend to seek advice from Citizens Advice Bureau.

I intend to seek the advice of the Department of Trading Standards as I feel that the agent has overcharged me in relation to the fact that I was charged £20.00+VAT cash handling fee, they will take 5%+VAT surcharge on debit card which only incurs 20p charge on each transaction. Agent charged us £150.00 inventory fee but never heard about anything since we moved in. I signed the direct debit for the rent to be deducted from my account on the 17th of each month, our moving in date; I have since been informed by my bank that they received notification from the agent changing the debit date to the 13th of each month. This has not been discussed with me. I have now advised my bank to cancel this direct debit and I will only pay when all the aforesaid problems have been rectified.

As well as a copy of this statement being posted on the internet forums, a copy will also be provided to the letting agent – XXXX Home Ltd and the landlord

I ask the following:

• All monies refunded to me including one month’s rent, one month’s deposit and all fees charged.
• The landlord and/or his builders to replace all missing items, i.e. 2 computers, 3 PDA’s and one SatNav unit.

I confirm that if this matter is not resolved to my utter satisfaction, I will seek legal advice and pursue legal action against the landlord and his agents.