Claiming back rent?

[Rohaq]

I'm a student, and found a nice place to live in Nottingham for the next academic year. The first period (4 weeks) rent payment went in, and I was allowed to move in from 4th August onwards. I was living with my nan after the last term finished, and was due to move my things in on August 16th, followed by flying out to the other side of the world the next day for 6 weeks.

 

So I asked them if they could give my key to a friend. This was arranged, and after driving for 2 hours with 2 cars (mine and a friend's) packed with stuff, I picked up said key from said friend on the Saturday, and drive over to my new place, eager to toss my boxes in for storage until I got back.

 

Only to find that my key didn't fit the apartment door. At all. No mistaking it.

 

I shouting various expletives, and ended up having to drive several hours with said friend to his place in order to keep my property there until I got back from my trip. Due to my flight being due the next day, there was no way I could contact the letting agency in order to resolve the wrong key issue.

 

Now my second period (6 weeks) rent is due, and it occurs to me that I have essentially been paying rent for a period where I was unable to access the apartment, or store my personal property there. This seems like pretty good grounds to claim back some rent in compensation to me, since the fact that they supplied me with the wrong key was the fault of the letting agency, who knew that I was flying out of the country the next day, as I explained this when organising the key pickup by my friend, and as such would be unable to contact them, or rectify any errors regarding access to the property before I left the country.

 

But I thought I'd ask you fine folks first. I'm a student, so money is tight enough without unneeded expenditure, but since it's a joint lease with a friend of mine (who is moving in mid-September), and I do in fact need somewhere to live for the next year, I don't want to risk losing this place, or mess it up for my friend. I'm pretty new to this renting business, outside of dealing with the university accommodation department last year, and advice on any rights I might have as a tenant would be most welcome.

[MrShed]

Have you arranged the collection of the correct key yet? When did you first inform the letting agents of the key issue?

[Rohaq]

They weren't open on the weekend, and I had no kind of out of hours contact number, so I informed them as soon as I touched base in NZ and they were open. They've said that they'll have the correct key available when I'm back in the UK and move in on the 30th September, which is a weekday.

[MrShed]

I think that this is not entirely straightforward.

 

It is not the agents fault that you were away and could not resolve the issue during this time. Chances are that if you were NOT away, the issue would have been resolved the next day - and they would argue this undoubtedly.

 

Personally, I think it is worth asking the question to the agents, but I think your chances of success, either in asking or in pursuing more formal methods, are slim.

[Rohaq]

That's fair enough, thanks for your honesty.

 

I have mentioned it to them hen calling, but they seem to brush the query aside without actually answering it. They'd make good politicians. I need a good way to push the point across, really.

[MrShed]

Can you just in succinct points give a timeline of the events? I am a little confused - then I may be able to help a bit more

 

BTW Its not that I dont see your point - I do and absolutely agree. However, I also see theirs in that they could not possibly have put it right due to your absence.

[Rohaq]

- I paid the first period (starting 4th of August for 4 weeks) about a month and a half in advance.

- On 30/07/08, make a few calls telling them about my situation asking if a friend of mine in the city could pick the keys, since I was planning on moving in on a weekend. They ask for an email to confirm. I drop that off.

- They reply the next day confirming that it was okay, as long as she supplied ID.

- She picks up the key on August 6th, and keeps it at her place.

- I move my things to the city on August 16th, pick up the key, find that it doesn't work, and have to drive for a couple of hours south to be able to store my things, cursing as I drive

- I fly out to New Zealand on August 17th.

- 24 hours later, I've landed, and thankfully unaffected by jet lag, call them to inform them of the situation as soon as they're open.

 

I knew that I was paying for a couple of weeks where I wouldn't be living there when I signed the contract; I was okay with that, as I assumed that, having given adequate notice, that I would be given access to the property at my request, and would be able to store my property there that month. They messed up, and now I'm wondering where I stand in terms of my rights as a tenant.

 

And that's the long and short of it.

[MrShed]

The cost of travel extra due to the fact you could not gain access is, in my opinion, a given - they have through negligence effectively not allowed you access to the property when you are entitled, and you are entitled to have your actual financial loss reimbursed for this. I think this is the way to go rather than the lost rent - as you are still in the same situation you would hve been, just with extra costs(if that makes sense). AFTER YOU MOVE IN, request that they pay you for the petrol and any other financial costs you had DIRECTLY due to having to go elsewhere to store. ALSO, the cost of moving it back when you are back in the country.

 

Does that make sense?