Short Assured Tenancy - Scotland - Unfit Property

[weeal]

I signed up for a short assured tenancy on Monday 30/12/13 with a Rental Agent. I signed tenancy agreement, paid deposit and month's rent in advance in cash, took my keys then inspected the property.
The house is neither wind nor water tight with rain pouring in through the cheap front door. Some overhead lighting is at least 'dodgy'. Control knobs on gas hob are severely melted. Kitchen floor is flooded in 2 areas. House is filthy and a kitchen unit is broken. I have photographs of all these defects.

Question is - I have told them I am not taking tenancy under these conditions, do I have a right to cancel the tenancy and get my £950 cash back?
I am worried to say the least. Unfortunate timing as they are closed until Friday for New Year.

Thanks in advance.
Al

[bednobs]

i think you'll probably have to consult your contract

[KARL]

It is most unfortunate (not to say unwise) that you did not view the property before committing yourself to it. Contact your landlord and/or agent urgently and insist on a total reversal of the agreement and payment if that is what you want - remember that it is possible that the landlord has placed everything in the hands of the agent and actually is unaware of a totally inept agent's lack of monitoring/control over previous lettings of the property. If you detect any hesitation then follow on by contacting Citizens Advice Bureau for advice plus the local council housing department also. Do not waste any time. There is now supposed to be a fairly strict regime to bring into line unsatisfactory landlords and agents and both have to be registered with councils who supposedly have powers of enforcement and/or prosecution.

[weeal]

Thank you. I had viewed the property when it was occupied a month beforehand. The signing takes place in the Agents office - you pay them then you get your keys. I had no chance to view it yet again and would not have thought it would have been in such a state.
It is terrible that they have made no check on the property once the previous tenant left yet took my money and left me to get on with it.
The owner of the property may not be aware, i will surely inform them!
I will ask for the entire arrangement to be reversed but nor sure where I would stand legally - although by law they MUST provide a property which is wind and water tight. They are in breach of the contract surely.

[tonywiltshire]

The law on property is somewhat different in Scotland to English/Welsh law it is now covered by The Housing (Scotland) Act 1998, from what you say you appear to have satisfied the four essential elements in the creation of a tenancy under Scottish law.
I suggest you first try an unofficial approach to the Landlord/Agent before even thinking about going to law which should be the last resort.

[weeal]

Thanks Tony, I have tried the unofficial approach and am further contacting a Director of theirs tomorrow, I dont see a resolution somehow.
Pretty hard to consider moving all your wordly goods into a property which has a flooded kitchen floor and water coming in the front door too.

[tamborine]

the trouble with agents is theyre only interested in their commissions before the tenant or landlord care.

You can get recourse from the landlord; he may be unaware of the condition of the property.

[tamborine]

Dont pay more rent. Give the agent 24hrs to fix leak & door, threaten you will repair and deduct costs from further rent.

[weeal]

Thanks Tambourine, its so much worse than just the water tho the main thing is obviously the water ingress. the place is filthy and still has a cupboard full of someone else's possessions as well as some furniture. All in all its a complete botch up.
Ive discovered the lady who owns the property is aware of some of the damage in the kitchen so she obviously doesnt care either.

[tamborine]

Date Photo the conditions; email/sms agent (proof of contact) informing them of work needed to make property habitable & set date for repairs & threaten to call in own workmen, costs set against future rental.

Inform council of inhabitable state to get CTax relief & keep all receipts etc as evidence.

[weeal]

Thank you I may just do that

[tonywiltshire]

If you are satisfied that an unofficial approach will not work and the Agent/Landlord is aware of what needs to be done but will not cooperate write and list the work that must be done in a reasonable time, if this also is not successful take advice from a local Solicitor a letter may be all that is required to obtain a result. Unfortunately there is no time scale for the Landlord to carry out the repairs other than reasonable; you may be able to withhold rent because of a breach of repairing covenant by the Landlord. It is doubtful the law will provide a quick remedy.

[boxtops]

I am staggered , when (in England) I've occupied rented property, the agent has inspected after the previous tenants have left, and charged any necessary repairs to their deposit, if they were the tenants' responsibility, or fixed them himself if they were landlords' obligations.

[weeal]

Yes they are supposed to do just that. It's what they're paid for!