redsturgeon wrote:To clear up your first question, the inventory does not state the position in law but merely points out the lack of FFR labels.
I think that is quite positive. In a sense it acknowledges the importance of compliance with the regulations - otherwise why make mention of the absence of labels in the inventory? No one can know for certain unless an enquiry is made, but my strong suspicion is that they were removed by a previous tenant. (Occasionally, tenants do some very weird and unexpected things.)
redsturgeon wrote: On your second point, yes the items may be complaint in terms of construction and materials but the way the law is written it seems to me that they need to have a label attached to meet the letter of the law.
We'll have to agree to disagree on this one. I take my guidance from the NLA's advice, which I have now quoted twice, that labels must legally be present when items are retailed and that the absence of a label in a rented property does not necessarily indicate non-compliance with the physical regulations. If you want a definitive view though, I suggest you contact the local Trading Standards team.
Surely, though, your real concern should be whether or not the furniture is in line with the regulations in terms of its actual construction, materials, etc. Picking an argument about the presence or absence of the label whether with me, the agent or whoever else is, IMHO, is a distraction from taking a view on whether or not the furniture is actually safe to live with.
redsturgeon wrote:Do you have any thoughts regarding items left in the flat which she had assumed would be removed (tins of paint etc). Is it really OK for the landlord to treat the space which he is renting out as his own personal storage area?
Personally I wouldn't do this, but other landlords may take a different view. A lot depends on the size of the flat, the amount of storage space, the amount of space being used by the landlord, etc, etc. In the area where I live and let property (Durham City) , a single person flat for £1400 pcm would be at the very luxury end of the market - in fact it would be quite a bit beyond the very luxury end, in spite of the Chinese students and their nouveau riche parents. At this end of the market, only a stupid landlord would detract from the tenant's space by filling even a small area with old pots of paint.
In the previous discussion on the legal issues board, you indicated that stuff such as the paint was included on the inventory. Unfortunately, the inventory stage is a bit late for discussions about getting rid of stuff like this. That discussion should really take place prior to signing the tenancy agreement. You can ask about getting rid of the paint and whatever else, though I suspect the agent isn't going to put themselves out to assist. Alternatively, you can just get rid of it unilaterally, though at the risk of getting into a deposit dispute at the end of the tenancy, when potentially missing items on the inventory will show up. You probably need to take a view based on how well the items are documented and how much you think they are worth.
A don't get mad get even approach might involve opening the paint tins to allow it to dry out and then putting the lids back on before inspections and final moving out.
redsturgeon wrote: She has now been in the flat for six weeks and none of the defects that have been identified have been corrected, including radiators that do not work, broken toilets and broken furniture. She is paying £1400 per month for this flat...do you think she is being unreasonable to want what she is paying for?
No, it's not unreasonable. Some of the items you mention, heating system and sanitary arrangements are most definitely the responsibility of the landlord to fix and within a reasonable timescale. It may well be the case that the agent's first line of response is simply to do nothing. Unfortunately, it is a profession (and I use the word loosely) that attracts more than its share of bone idle get-rich-quick merchants. Research the Landlord and Tenant Act and then write an appropriately stroppy letter to the agents indicating that unless faults are rectified your daughter will engage tradesmen to remedy the deficiencies and will deduct the costs of doing so from her rent payments. Research also retaliatory eviction, to ensure that you cut-off the landlord's ability to apply for eviction under Section 21 as a result of your daughter complaining about the condition of the flat's equipment.