Breach of Contract
Submitted by visitor on Wed, 17/03/2010 - 14:02.
Hi
my girlfriend and I have had nothing but problems since we moved into our managed property with Foxtons in November 2009. A list of the problems include:
- The property was not professionally cleaned when we moved in (despite it being in the contract it would be) casuing great anxiety on moving in day!
- We have been infested with ladybirds from day one which are only now dissappearing due to the warmer weather
- We have suffered from condensation and damp throughout. This was reported in November but no action taken until February.
- We had no EPC until last month. However to do the test the appointed agent gained access to the flat without any permssion from us which is another breach of contract.
- Our tolilet had a crack in which was filled with polyfiller which led to a constant wet floor in the bathroom whcih again was reported in Nov but not fixed until Feb
Despite blaming the contractors, us and anyone but themselves Foxtons have offered us £370ish pounds in compensation (the cost of our admin charge) as a full and final offer. I am inclined to reject this as I belivee not only did no administration happen, but we had to live in sub-standard conditions from 1 November until mid Feb. I believe that a months rent (£800) plus the adminsitration fee is more reasonable due to the lack of service. However if we go through the Ombudsman we are vunerable to losing this money. I was wondering if anyone else has a similar experience or knowldege as to the likely outcome of similar breaches of contract by Foxtons? Or ideally is there enough breaches of contract by them to allow us to terminate the contract?
On another note the property is semi-furnished, yet this includes 25 odd wine glasses, numerous bowls and plates etc which we can't accomadate in our tiny flat! The landlord is refusing to remove them which we think is unfair as we were not informed that they would remain!
Thank you for taking the time to read this!
James
(1 vote)
Get it in writting
I have had the same issue. All I can say is get it in writting. When you leave and have not used Foxtons to clean the property (even through it was in a state when you move in), they will charge you for cleaning because it is in your contract. I refused to sign the inventory because the property was not professionally cleaned before we moved in... Seems Foxtons don't care.
I am currently fighting a £583 charge after we used a third party cleaning company and left the property spotless... Foxtons lost the property to Ellisions, so I guess they are trying to get as much out of it.
Good luck with your flight. My boiler did not work properly for 6 months, had the roof to my bathroom replaced twice due to water damage and had contractors carrying out 'changes to the property' without telling us. Our property was damaged during this process...I am trying to get a small claims case at the moment. Thank goodness I have all the evidence in writting...
Shared experience
is everyone here thick or
Eegyt!?
I work for a lettings agent
I work for a lettings agent (not Foxtons mercifully) and what people sometimes do not understand is that even if the agent manages the property it is, by and large, the landlord who actually authorises any work on the property. If the landlord won't spend the money then there's not much that the agent can do. The point of a managed service is that the landlord doesn't have to deal with tenants ringing them at all hours of the day to complain about this and that. In certain cases the landlord can authorise the agent to spend x amount of money on repairs without needing the landlord's consent but with the vast majority of properties I have dealt with they don't often choose this option because they don't want to pay money for anything unless they absolutely have to.
Do I have a genuine claim?
Hi,
We signed a conract with Foxtons and recently found out that the person we thought was the land lady (who signed the tenency contract) is actually the long term tenent of the real owner. The real owner visited and she's siggned another agency to sell her property. This means we have absolooute strangers walking into our apartment, escorted by someone we dont have a contract with.
We'd like to move out early, but as the rent is pre-paid - do I have a legal right to demand the remaining ent back?
I have been a letting agent
I have been a letting agent for fives years which is long time in this industry.
I WOULD JUST LIKE TO SAY 90% of the time when things go wrong it usually because the landlord is not keeping his promise.
The problem is tenants can never see it that way and they think you are the one who is dodgy.
If a landlord promises to do something and he doesn't do it the agent isnt going to pay for the work.
I would challenge anyone to do our job for a year and see how you cope. Only 1 in 10 people survive past a year and that not because you have to be dodgy its because it long hours and hard work and massive pressure.
LANDLORDS IF FOXTON ARE NOT LETTING YOUR FLAT ITS BECAUSE YOU WANT TO MUCH MONEY OR YOU HAVEN'T PRESENTED IT CORRECTLY. Rental properties at the right price and condition should go with in a week.
Out of all the agents I have worked with I have found Foxtons the most professional
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