Evicting vulnerable tenant in hospital – Landlord Action response9:55 AM, 3rd July 2019
About 3 weeks ago 69
When we initially viewed our rental property and prior to signing the rental agreement, there was a fault with the integrated fridge freezer which was pointed out to the letting agent. We were assured this would be addressed. With that in mind, we duly signed the agreement believing that it would be repaired.
It took many emails over the space of 6 months and many items of perished food until finally a serviceman investigated. The said unit was then unfortunately condemned. We were then told that a clause was in the contract which states ” all electrical items in the property are left as a gesture of goodwill. The landlord is not financially responsible for any payments due to mechanical faults or failures and will not repair or replace the items”
Had we known that this was broken in the first instance and that the landlady would not be replacing, we would not have taken up the tenancy particularly given that with her broken unit still housed integrated and still in situ, there was no room in the very compact kitchen for a fridge freezer of our own to be placed.
We explained all of the above and our emails were ignored for months so we purchased a new fridge freezer, withholding part of the rent payment to pay for the fridge/freezer.. £219 from the £695 rent p.c.m. Still we had nowhere to put this freestanding unit in the compact kitchen with the faulty one in situ still plugged in behind the kitchen cabinets somewhere so we then contacted environmental health who said that the unit should be unplugged if condemned as it was a potential health & safety risk. We explained this again in an email and eventually some 8 months later the unit and its housing was removed freeing up space for the new one we purchased to replace.
We have resided here for 3 years and are now about to vacate the property having purchased our own home. We are now being informed that the money withheld for the replacement fridge freezer is to be deducted from the deposit.
We feel that we were misrepresented at the commencement of the tenancy and that given the situation that arose from this and length of time it took them to resolve this issue it is very unfair?
Your advice would be very much appreciated!
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