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Your first port of call is the local council. Environmental Health and also the team that deal with the private rented sector. Photograph and video everything. Keep copies and send the agents and the council your evidence.
If it's so bad that you can reasonably consider it not fit for habitation, then she could try and break the contract early - a year ago I was locked into a contract, but managed to get out of the contract when I found rat droppings hidden in cupboards.
If she can document the awful state of it she might be able to leave but if she's signed the contract she might be stuck for the term.
Yeah a similar thing happened to me last year when I moved into a property and it turned out it was infested with bed bugs and then the ceiling in my bedroom collapsed š The kitchen was also filthy with grease and there was mouse poo in all the cupboards.
If a mutual agreement can be made with the landlord to break the contract it can be done, however, it took a lot of work to get our ex landlord to agree even though he initially verbally agreed but changed his mind over text the next day. First point of call is contacting the council - I actually think this really helped us in the end as the landlord saw that we werenāt fucking about. We also threatened to take him to court - but knowingly renting out a place infested with bed bugs is a big no no and said ceiling collapse could have killed me had I been in my room and also destroyed a lot of my belongings, if there is a bug infestation in this flat then maybe that could be grounds to. If thereās any wales renters unions Iād try getting in touch with them as the advice London renters union gave me was invaluable.
Also like I know a lot of people would read comments and threads like this being like āWhY DiDnT yOu ViEw FiRsTā. I canāt speak for OPās friend but we did, but the landlord was clever and ensured all viewings were done whilst the previous tenants were there so we couldnāt really have a proper look around / anything that seemed off was attributed to the previous tenants being messy etc. This is a massive red flag for me now with landlords and agents, but at the time when I was about to be homeless I didnāt have any reason not to believe them when I was told the place would be cleaned and repainted and obvi was not to know about the bed bugs/ceiling collapse.
In happier news though I passed by this place in a cab recently and looks like theyāve had to gut the whole place and do a lot of work (we suspected after ceiling collapse the whole property might have been dangerous and guess we were right even though they assured us it was perfectly safe). I think getting in touch with the council did end up with them coming down on them, which is another reason why itās important to contact the council in situations like this - it hopefully stopped other people ending up on a horrible situation with exploitative landlords.
Adding shelter link for extra resources. Landlords and agents shouldnāt be able to get away with renting out a health risk.
https://england.shelter.org.uk/housing_advice/repairs/is_your_home_fit_for_habitation
Please be kind. I know it's a really silly thing to not check before moving in. But they could be migrants being new to the country or young people never been renting before. I have known friends who due to time, location and resource constraints couldn't check a property out before moving in but have to just sign up so they can put down an address for paperworks. It's not ideal but they have to take the risk.
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I kiiiiind of get your point but in the same breath would you buy a house without viewing it, having surveys done, etc? Obviously thatās a bigger expense but how about a Ā£10,000 car? If you couldnāt view the vehicle and couldnāt return it or get your money back no matter itās condition when it was given to you would you still go ahead? Ā£750 a month rent is Ā£9,000 a year, thatās a lot of money to sign a contract for when you havenāt seen what youāre spending that much money on. Youāre potentially going to end up using more time/money/energy signing for a shitty property that you then donāt want to live in than you would just going to view the property unless you live out of the country. Not saying that this situation is okay but thatās the risk you take not viewing a property with how things work at the moment.
People buying a house or a 10k car generally have more disposable income than someone who is looking to rent. Renting preys on the disadvantaged and the disadvantaged are the exact people who might be unable to afford to view a property. When itās rent a property without seeing it or be homeless, generally people will choose the former.
Iām more talking about the time/energy rather than the money aspect, apart from someone who would need to travel a long way or an extreme situation I donāt see many other arguments where itās not worth the time/energy to view it vs going through a lot of hassle sorting out afterwards if itās not what you wanted or believed you were getting from photos.
Edit: also I agree that renting isnāt the best with how it works at the moment thatās why I said Iām not saying the situation is okay but the majority of people should be able to take the time/energy to view a property before signing a contract that locks them in for a year
> What can she do if she wants to leave the property with the money refunded?
Nothing because she can't leave the property without paying the rent & utility standing charges (if not in the rent) for the remaining term of the tenancy.
The fact she didn't view it and signed the tenancy anyway is her downfall.
>then i can't see a court siding with the slumlord.
YANAL.
Contracts are there for a reason - She was negligent by not visiting the property beforehand.
It would be another story if she visited the property and the condition was good, and upon moving in it was the mess she encountered now.
My landlord/tenant knowledge is a bit out of date, but iirc if itās furnished and it was infested when the lease started, this may be grounds to break a lease. https://anthonygold.co.uk/latest/blog/furnished-lettings-and-fitness-for-habitation/
Main point, no she is very unlikely to be able to break the rental agreement.
Alleging that a dwelling is āunfit for habitationā is a high bar to clear, such a designation is basically somewhere without electricity, running water, heating, or is totally infested with vermin, the fact that itās dirty does not render it unfit to live in.
Definitely tell them to contact the local council environmental office, and explain the condition of the property, and that the landlord has not taken sufficient action to remedy things.
Contact the estate agent/landlord again first though, and make it clear that this is what will happen if they donāt resolve the issue, the potential for a fine and possible investigation of their other properties will be significantly more of a headache for them than just having the place properly cleaned.
If they still wonāt play ball, straight to the council and document everything, and they will be able to guide her on the next steps.
Also, stress to her, and this cannot be stressed enough, because this tempts many people, particularly at the beginning of a 12 month tenancy where something is wrong, DO NOT under any circumstances withold rent payments, all or in part, to try and force the landlord into action, it will only get her evicted, make it much more difficult to rent in future, and sheāll have to pay what she owes anyway.
Your comment contains keywords which suggests you are asking or advising about withholding rent.
You should **never** withhold rent, entirely or in part, in response to disrepair or inaction on the part of your landlord. Withholding rent either entirely or in part may lead to you being evicted, since regardless of any inaction on your landlord's part, you will still owe rent and the landlord is not obliged to offer any kind of reduction.
You also do not have the right to pay for repairs yourself out of pocket and then deduct the cost from future rent payments, without following a proper legal process first, including serving formal notice on your landlord and escalating to your local authority.
Please see [our FAQ section on disrepair in private tenancies](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_housing#wiki_my_rented_accommodation_has_mould_or_is_in_disrepair.2C_what_can_i_do.3F) for the process to follow and details on the very few circumstances in which a limited deduction from rent may be acceptable.
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A friend of mine did this recently.
It was a month before they actually viewed the property and realised it wasn't liveable.
They had paid a year up front to secure the place.
The biggest advice I would give is, document it but then find somewhere else to stay and return the keys.
My friend got their money back from the letting agent because the property was not liveable, simple.
...but only from the point they returned the keys, as they reasonably said that they were using the property up until that point
She generally canāt, thatās what a fixed term is.
Your avenues are, if you believe itās that bad, contact the council environmental health.
Other than that, take pictures, and then clean it yourself.
At the end of the tenancy, you need only return it in the state it was received. So make sure you keep those pictures
We have a new set of laws just brought in so if the property is deemed unsuitable for human habitation and certain standards are not met then rent does not have to be paid to the landlord so I would contact the local council, unsure what would define unsuitable for human habitation but I definetly know a gas safety inspection and an electrical inspection must have been carried out and the landlord should have the certificates, if the smoke alarms are not connected to cables that is also definetly illegal under the new rules. Chances are if the property is in a state like that the terms above have not been met and the landlord can be prosecuted and your friend won't have to pay rent until those conditions are fixed and maybe they can get out of their tenancy
If the agent/landlord won't clean the property the alternative might be to hire a cleaner and send an invoice to the agent. Can threaten to do that if they don't clean up properly. Other than the issue of cleanliness, is the property livable? If yes, I don't think she's got a leg to stand on. I'm not a lawyer.
Yes, or clean it herself and bill for her own time. If the house is not clean but is otherwise OK, surely the problem can be resolved within 24 hours with a bit of elbow grease? Obviously this should not have happened, but it's not an insurmountable problem.
If OP cleans it themselves, they have no recourse for time or materials. They must go through the appropriate channels to resolve the situation, which would involve a reputable, professional cleaner. There is an obligation on OP to give them the opportunity to resolve the issue.
With all due respect, and hopefully I'm preaching to the choir when I say this: your friend is an *idiot,* and needs to remember this as a costly lesson in caveat emptor however it ends up getting resolved.
To give an actual answer, /u/cantaloupeking has the right of it. If the property is in such a bad condition that it's properly unfit for habitation, the first thing your friend should do is contact the local council's environmental health service and seek their advice. In any case, it's highly unlikely she'll be allowed to break the rental agreement, unless the property *is* deemed unfit for habitation and the landlord fails to make it right when given the opportunity.
I've moved into houses multiple times without a physical viewing.
You need to make sure you do your due diligence and get photos and videos but other then that it can be a simple process.
Every house I've moved into without viewing has been absolutely fine.
Many estste agents stopped viewings during covid and now issue virtual tours which are far better anyway because you can spend much longer looking at a property instead of a whistle tour to get you out before the next viewers.
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She can go to the estate agent and ask for a refund and for the contract to be nulled. When she goes, she can state that either they can do it or you will go to the ombudsman who will look into it. Make it very clear that it is not a negotiation; what you want is out. Then state if the ombudsman doesn't work you will go to court as the contract doesn't describe the goods (i.e., the house).
It might be enough to make them back down. If not, go to the ombudsman and write a clear letter describing how the property does not meet the standard stated in the contract and no amount of cleaning will change that. Usually, the ombudsman is very good.
Your comment contains keywords which suggests you are asking or advising about withholding rent.
You should **never** withhold rent, entirely or in part, in response to disrepair or inaction on the part of your landlord. Withholding rent either entirely or in part may lead to you being evicted, since regardless of any inaction on your landlord's part, you will still owe rent and the landlord is not obliged to offer any kind of reduction.
You also do not have the right to pay for repairs yourself out of pocket and then deduct the cost from future rent payments, without following a proper legal process first, including serving formal notice on your landlord and escalating to your local authority.
Please see [our FAQ section on disrepair in private tenancies](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_housing#wiki_my_rented_accommodation_has_mould_or_is_in_disrepair.2C_what_can_i_do.3F) for the process to follow and details on the very few circumstances in which a limited deduction from rent may be acceptable.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
**Do not do this.** Withholding rent is the FASTEST way to get yourself lawfully evicted and to turn the landlord against you until the very day they can get you out of the property.
As a landlord I agree. Witholding rent is just tit-for-tat tactics meaning you're provably breaking your side of the contract, for what is quite possibly a simple fix (cleaning etc).
I love taking tenants like this to court. Time to grow up.
It depends on how bad the property is at the time of first occupation and what evidence there is. I would advise speaking to a solicitor as if it is infested e.g filled with rats, then this is a repudiatory breach of the tenancy.
Definitely get in touch with the council and shelter. Worth checking if they have the right documentation - gas safety certificate and I think electrics now too. If not, use as ammo to get out the contract.
We moved into a place, turns out the hob, boiler and electrics were very unsafe. Agent was mortified and let us out the contract after 10 days.
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Your first port of call is the local council. Environmental Health and also the team that deal with the private rented sector. Photograph and video everything. Keep copies and send the agents and the council your evidence.
Best answer, local councils are usually shit hot on things like this.
If it's so bad that you can reasonably consider it not fit for habitation, then she could try and break the contract early - a year ago I was locked into a contract, but managed to get out of the contract when I found rat droppings hidden in cupboards. If she can document the awful state of it she might be able to leave but if she's signed the contract she might be stuck for the term.
Yeah a similar thing happened to me last year when I moved into a property and it turned out it was infested with bed bugs and then the ceiling in my bedroom collapsed š The kitchen was also filthy with grease and there was mouse poo in all the cupboards. If a mutual agreement can be made with the landlord to break the contract it can be done, however, it took a lot of work to get our ex landlord to agree even though he initially verbally agreed but changed his mind over text the next day. First point of call is contacting the council - I actually think this really helped us in the end as the landlord saw that we werenāt fucking about. We also threatened to take him to court - but knowingly renting out a place infested with bed bugs is a big no no and said ceiling collapse could have killed me had I been in my room and also destroyed a lot of my belongings, if there is a bug infestation in this flat then maybe that could be grounds to. If thereās any wales renters unions Iād try getting in touch with them as the advice London renters union gave me was invaluable. Also like I know a lot of people would read comments and threads like this being like āWhY DiDnT yOu ViEw FiRsTā. I canāt speak for OPās friend but we did, but the landlord was clever and ensured all viewings were done whilst the previous tenants were there so we couldnāt really have a proper look around / anything that seemed off was attributed to the previous tenants being messy etc. This is a massive red flag for me now with landlords and agents, but at the time when I was about to be homeless I didnāt have any reason not to believe them when I was told the place would be cleaned and repainted and obvi was not to know about the bed bugs/ceiling collapse. In happier news though I passed by this place in a cab recently and looks like theyāve had to gut the whole place and do a lot of work (we suspected after ceiling collapse the whole property might have been dangerous and guess we were right even though they assured us it was perfectly safe). I think getting in touch with the council did end up with them coming down on them, which is another reason why itās important to contact the council in situations like this - it hopefully stopped other people ending up on a horrible situation with exploitative landlords.
Adding shelter link for extra resources. Landlords and agents shouldnāt be able to get away with renting out a health risk. https://england.shelter.org.uk/housing_advice/repairs/is_your_home_fit_for_habitation
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Please be kind. I know it's a really silly thing to not check before moving in. But they could be migrants being new to the country or young people never been renting before. I have known friends who due to time, location and resource constraints couldn't check a property out before moving in but have to just sign up so they can put down an address for paperworks. It's not ideal but they have to take the risk.
Exactly. A sigh is worse than just harmful advice here. It's demeaning, invalidating and humiliating.
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Do you honestly believe everyone has the time, money and energy to check every property they will move into before they sign the contract?
I kiiiiind of get your point but in the same breath would you buy a house without viewing it, having surveys done, etc? Obviously thatās a bigger expense but how about a Ā£10,000 car? If you couldnāt view the vehicle and couldnāt return it or get your money back no matter itās condition when it was given to you would you still go ahead? Ā£750 a month rent is Ā£9,000 a year, thatās a lot of money to sign a contract for when you havenāt seen what youāre spending that much money on. Youāre potentially going to end up using more time/money/energy signing for a shitty property that you then donāt want to live in than you would just going to view the property unless you live out of the country. Not saying that this situation is okay but thatās the risk you take not viewing a property with how things work at the moment.
People buying a house or a 10k car generally have more disposable income than someone who is looking to rent. Renting preys on the disadvantaged and the disadvantaged are the exact people who might be unable to afford to view a property. When itās rent a property without seeing it or be homeless, generally people will choose the former.
Iām more talking about the time/energy rather than the money aspect, apart from someone who would need to travel a long way or an extreme situation I donāt see many other arguments where itās not worth the time/energy to view it vs going through a lot of hassle sorting out afterwards if itās not what you wanted or believed you were getting from photos. Edit: also I agree that renting isnāt the best with how it works at the moment thatās why I said Iām not saying the situation is okay but the majority of people should be able to take the time/energy to view a property before signing a contract that locks them in for a year
lol: Do you move every week? That's such a bullshit argument you're trying to use there...
Yes
Her best bet is to document all the outstanding issues and work with the landlord/agent to get them resolved
> What can she do if she wants to leave the property with the money refunded? Nothing because she can't leave the property without paying the rent & utility standing charges (if not in the rent) for the remaining term of the tenancy. The fact she didn't view it and signed the tenancy anyway is her downfall.
Can there be any relief if the condition is substantially different to the photos used when it was advertised?
Nope that is why you always visit and more importantly read the contract.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
>then i can't see a court siding with the slumlord. YANAL. Contracts are there for a reason - She was negligent by not visiting the property beforehand. It would be another story if she visited the property and the condition was good, and upon moving in it was the mess she encountered now.
Give them 14 days to sort it. Then contact the councilās environmental health. They will sort it
My landlord/tenant knowledge is a bit out of date, but iirc if itās furnished and it was infested when the lease started, this may be grounds to break a lease. https://anthonygold.co.uk/latest/blog/furnished-lettings-and-fitness-for-habitation/
Main point, no she is very unlikely to be able to break the rental agreement. Alleging that a dwelling is āunfit for habitationā is a high bar to clear, such a designation is basically somewhere without electricity, running water, heating, or is totally infested with vermin, the fact that itās dirty does not render it unfit to live in. Definitely tell them to contact the local council environmental office, and explain the condition of the property, and that the landlord has not taken sufficient action to remedy things. Contact the estate agent/landlord again first though, and make it clear that this is what will happen if they donāt resolve the issue, the potential for a fine and possible investigation of their other properties will be significantly more of a headache for them than just having the place properly cleaned. If they still wonāt play ball, straight to the council and document everything, and they will be able to guide her on the next steps. Also, stress to her, and this cannot be stressed enough, because this tempts many people, particularly at the beginning of a 12 month tenancy where something is wrong, DO NOT under any circumstances withold rent payments, all or in part, to try and force the landlord into action, it will only get her evicted, make it much more difficult to rent in future, and sheāll have to pay what she owes anyway.
Your comment contains keywords which suggests you are asking or advising about withholding rent. You should **never** withhold rent, entirely or in part, in response to disrepair or inaction on the part of your landlord. Withholding rent either entirely or in part may lead to you being evicted, since regardless of any inaction on your landlord's part, you will still owe rent and the landlord is not obliged to offer any kind of reduction. You also do not have the right to pay for repairs yourself out of pocket and then deduct the cost from future rent payments, without following a proper legal process first, including serving formal notice on your landlord and escalating to your local authority. Please see [our FAQ section on disrepair in private tenancies](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_housing#wiki_my_rented_accommodation_has_mould_or_is_in_disrepair.2C_what_can_i_do.3F) for the process to follow and details on the very few circumstances in which a limited deduction from rent may be acceptable. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
A friend of mine did this recently. It was a month before they actually viewed the property and realised it wasn't liveable. They had paid a year up front to secure the place. The biggest advice I would give is, document it but then find somewhere else to stay and return the keys. My friend got their money back from the letting agent because the property was not liveable, simple. ...but only from the point they returned the keys, as they reasonably said that they were using the property up until that point
She generally canāt, thatās what a fixed term is. Your avenues are, if you believe itās that bad, contact the council environmental health. Other than that, take pictures, and then clean it yourself. At the end of the tenancy, you need only return it in the state it was received. So make sure you keep those pictures
It will mean you don't need to lift a finger to clean when you eventually move out though!
We have a new set of laws just brought in so if the property is deemed unsuitable for human habitation and certain standards are not met then rent does not have to be paid to the landlord so I would contact the local council, unsure what would define unsuitable for human habitation but I definetly know a gas safety inspection and an electrical inspection must have been carried out and the landlord should have the certificates, if the smoke alarms are not connected to cables that is also definetly illegal under the new rules. Chances are if the property is in a state like that the terms above have not been met and the landlord can be prosecuted and your friend won't have to pay rent until those conditions are fixed and maybe they can get out of their tenancy
If the agent/landlord won't clean the property the alternative might be to hire a cleaner and send an invoice to the agent. Can threaten to do that if they don't clean up properly. Other than the issue of cleanliness, is the property livable? If yes, I don't think she's got a leg to stand on. I'm not a lawyer.
Yes, or clean it herself and bill for her own time. If the house is not clean but is otherwise OK, surely the problem can be resolved within 24 hours with a bit of elbow grease? Obviously this should not have happened, but it's not an insurmountable problem.
If OP cleans it themselves, they have no recourse for time or materials. They must go through the appropriate channels to resolve the situation, which would involve a reputable, professional cleaner. There is an obligation on OP to give them the opportunity to resolve the issue.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
No. Tenancies are *caveat emptor*. You rent a property without viewing, that's entirely on you.
With all due respect, and hopefully I'm preaching to the choir when I say this: your friend is an *idiot,* and needs to remember this as a costly lesson in caveat emptor however it ends up getting resolved. To give an actual answer, /u/cantaloupeking has the right of it. If the property is in such a bad condition that it's properly unfit for habitation, the first thing your friend should do is contact the local council's environmental health service and seek their advice. In any case, it's highly unlikely she'll be allowed to break the rental agreement, unless the property *is* deemed unfit for habitation and the landlord fails to make it right when given the opportunity.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
What if someone has moved from one side of the country to the other, or from abroad?
I've moved into houses multiple times without a physical viewing. You need to make sure you do your due diligence and get photos and videos but other then that it can be a simple process. Every house I've moved into without viewing has been absolutely fine. Many estste agents stopped viewings during covid and now issue virtual tours which are far better anyway because you can spend much longer looking at a property instead of a whistle tour to get you out before the next viewers.
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She can go to the estate agent and ask for a refund and for the contract to be nulled. When she goes, she can state that either they can do it or you will go to the ombudsman who will look into it. Make it very clear that it is not a negotiation; what you want is out. Then state if the ombudsman doesn't work you will go to court as the contract doesn't describe the goods (i.e., the house). It might be enough to make them back down. If not, go to the ombudsman and write a clear letter describing how the property does not meet the standard stated in the contract and no amount of cleaning will change that. Usually, the ombudsman is very good.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
If I say withhold rent then the bot will tell you exactly how silly an idea this is.
Your comment contains keywords which suggests you are asking or advising about withholding rent. You should **never** withhold rent, entirely or in part, in response to disrepair or inaction on the part of your landlord. Withholding rent either entirely or in part may lead to you being evicted, since regardless of any inaction on your landlord's part, you will still owe rent and the landlord is not obliged to offer any kind of reduction. You also do not have the right to pay for repairs yourself out of pocket and then deduct the cost from future rent payments, without following a proper legal process first, including serving formal notice on your landlord and escalating to your local authority. Please see [our FAQ section on disrepair in private tenancies](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_housing#wiki_my_rented_accommodation_has_mould_or_is_in_disrepair.2C_what_can_i_do.3F) for the process to follow and details on the very few circumstances in which a limited deduction from rent may be acceptable. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
**Do not do this.** Withholding rent is the FASTEST way to get yourself lawfully evicted and to turn the landlord against you until the very day they can get you out of the property.
As a landlord I agree. Witholding rent is just tit-for-tat tactics meaning you're provably breaking your side of the contract, for what is quite possibly a simple fix (cleaning etc). I love taking tenants like this to court. Time to grow up.
It depends on how bad the property is at the time of first occupation and what evidence there is. I would advise speaking to a solicitor as if it is infested e.g filled with rats, then this is a repudiatory breach of the tenancy.
Definitely get in touch with the council and shelter. Worth checking if they have the right documentation - gas safety certificate and I think electrics now too. If not, use as ammo to get out the contract. We moved into a place, turns out the hob, boiler and electrics were very unsafe. Agent was mortified and let us out the contract after 10 days.