Redundant Fusilier and family need a bit of help

Discussion in 'Finance, Property, Law' started by BONNACON, Aug 8, 2012.

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  1. Just spoken to a Fusilier going through the final stages of redundancy Who has rented a property that is frankly a s*£t hole (I know the property and the tenants it has had).
    He rented it just by internet pics as he was stationed abroad. Usual bad property stuff. Worn carpets, leaky, heating not working, garden a mess. Etc.
    Wife giving him a hard time so he is not thinking straight and is looking to leave the property ASAP and just forgoing his deposit.
    Any suggestions for a plan of action?
    Does he have a resettlement officer who may be able to help get his deposit back or other redress? Or is he on his own now. If so what does he have to do regarding the law to get his deposit returned if he vacates early.
    I have put him in contact with reputable Property agents I use that will help him in the long run But walking off base on Monday into where he is now is not good.
     
  2. Get him to read his lease thoroughly, in my last place the lease had a clause so that either we or the landlord could give notice at the 6 month mark.

    Make sure that the landlord/letting agent is aware of every single fault in case they try and blame him for any damages when he does leave.
     
  3. Has he spoken to the local Citizens Advice Bureau?
     
  4. The landlord is responsible for the maintaining the property. If the property is other than as advertised/seen, then it might be worth having a chat the the C.A.B. They are a good bunch.
    In a similar situation, I got out and my deposit back because it was within 28 days of putting the deposit down.

    He needs to build a case to justify why he's bailing. For example the property is not as advertised, or unsuitable for habitation.

    Have a look at the contract to, those things are ment to set out what both parties responsiblities ect are.

    CAB though, or have a look online for charities that advise on that kind of thing.
     
  5. If its such a shite order, and the pics were different from the actual, he may have a case to recover his deposit also if its not fit to live in he might think a bout misrepresentation.....and of course CAB are the best to advise.
     
  6. CAB is a very good place to get advice. Also most - if not all solicitors - offer an initial advice free, looking to make it up on the eventual claim.

    As I recall, under s 238 of the Residential Tenancies Act, a tenant may give a notice of intention to vacate rented premises if the premises are unfit for human habitation or unsafe. The definition of unfit is however a bit mealy-mouthed and specifically makes clear that unfit means unsafe rather than aesthetically pleasing to the ball and chain! Moreover there is no longer a process for declaring unfit, case law (so bring out the solicitors who have been warming up) applies. My notes from the lawyering-up for non-lawyers course reveal that the case usually quoted is Summers v Salford Corporation [1943] AC 283.

    CAB definitely for a kick off...
     
  7. Just an update. The lad is getting in touch with the CAB, but in the meantime he has been giving the letting agent grief.

    I know he is a big boy but a lot of civie companies help you out when you resettle after being abroad. Why don't the services?
     
  8. Advise your mate to contact the Royal British Legion (not the nearest RBL Club but the County HQ).

    He sounds like he could do with the assistants of the Welfare Rep/Officer.

    Welfare Reps/Officers will do home visits and can assist in situations like this.
     
  9. I think he might have a case to say that the place was not as advertised, and therefore, any contract is invalid, ie a full refund.

    Additionally, I know there are laws which give extra rights to servicemen* returning from abroad who are renting out their own properties, I wonder if there are any which give extra rights to servicemen who are trying to rent.

    */women
     
  10. He needs to get in touch with AFF ( Army Families Federation ) too.
     
  11. A good source of assistance is Shelter (Shelter, the housing and homelessness charity - choose your location). He may be covered by the Distance Selling Regulations but it would largely depend upon when and where he signed the tenancy agreement.

    Regarding the disrepair issues, the landlord is failing in his statutory duties under Section 11 of the Landlord and Tenant Act 1985. If the house has been rented via an agency, get on to them immediately. If the house is rented directly from the Landlord, he should contact the EHO at the local council for assistance. The EHO can carry out an assessment under the Housing Health and Safety Rating System and compel the Landlord to carry out remedial work.

    Further advice can be found at Rental Property Knowledge - LandlordZONE. If the property is in England or Wales, I may be able to help with some further advice.
     
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  12. If the property is in Scotland or Northern Ireland, please make sure the correct country is selected top right. The housing laws applicable are slightly different to those in England and Wales.
     
  13. Important point above. Both the CAB and Shelter cover this stuff both online and in their offices. There may well be a CAB and/or a Shelter office in your local area. CAB has Benefits and Money Advice/BMA caseworkers, for veterans and armed forces folk. It's important to get up to date and legitimate advice from housing professionals but we can give you some pointers.
    Advice for the Armed Forces, UK Veterans, their partners and dependants

    Get advice

    One of the quickest ways to access these services is to call the RBL direct on 08457 725 725 or Shelter on 0808 800 4444.
    Legionline - The Royal British Legion.


    Housing options for people leaving the Armed Forces, veterans and their families
    http://www.adviceguide.org.uk/england/your_family/home_and_neighbourhood_index_ew/finding_a_place_to_live_index_ew/housing_options_for_people_leaving_the_armed_forces_veterans_and_their_families.htm