Jay,

Your response is confusing because the facts you list are simply not accurate. We did make an offer of 320 p/w, but this is the first we've ever heard of a counter offer for 330 p/w. That conversation must have happened in the background and we were not a part of it. Next thing we knew 325 p/w had been agreed and our card run.

The very first time we ever laid eyes on the flat it was completely empty. There were no tenants living there, there were no belongings. And there was never a conversation regarding a current tenant's willingness to leave early--he/she was already gone. So if the flat was professionally cleaned a second time, then we would welcome a copy of the receipts. It's a small detail, but our feet are black if we walk around barefoot.

The situation with the second hand smoke is difficult, granted. But we did ask for help and received none. We received only statements about the previous tenants which were aimed at discrediting our complaints. Hence why the conversation has moved into this forum. The fact that the previous tenants never complained is irrelevant. They are not stakeholders in this situation. You also mentioned they left the flat filthy, so we do not accept their testimony. Our bedroom pools with smoke at night, regardless of whether the windows are open or closed.

The Office of Fair Trading has a document online, entitled Guidelines of Unfair Terms in Tenancy Agreement, which contains a section on unequal cancellation rights. This section identifies it as an unfair business practice to authorize the seller or supplier to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer. The landlord is permitted to cancel the agreement at six months, for us it is minimum 12 months. We might have had a chance to review, understand, and negotiate better terms had there been more than 24 hours to review. We feel that we were led to believe closing on the flat was an urgent matter, as it would likely be gone in the morning.

It's bizarre that we can't seem to sync up on the facts. Our experience has been frustrating. However, we would welcome your help or a willingness to meet in the middle on resolving the issues. Until then, we can not endorse your customer service.

Regards,
Christine

Dear Christine

Following your above review we are sorry to hear you have been unhappy with our service, however I do feel your comments are very unfair. It would have been good to hear from you first and had the opportunity to discuss the situation with you before you posting this review.

In response to your comments:

1. Chloe is not normally described as a "pushy" (as per her other reviews on this site) and I fail to see how anyone can "force" you to take a property. When your husband Philip was in the office he seemed very excited about it. We ask for a deposit to secure the property, which was clearly explained and you also were given a receipt to sign (which you did sign) stating everything agreed in writing.

2. The flat was asking £340 p/w. You offered £320 p/w, we spoke with the landlord and came back to you stating she wanted you to go to £330 p/w at which point you counter-offered £325 p/w which we agreed with the landlord.

3. You were explained to that the current tenants at the time were contracted until later in the month, however were happy to move sooner based on us finding someone to move in sooner. They moved at a couple of days notice and tried cleaning the flat themselves on the Friday. We and the landlord agreed the flat wasn't clean enough for you to move into (again explained to you) and offered you the chance to move in Monday instead as the cleaning could only be done over the weekend. The flat was spotless as per the inventory. You state that it was no cleaner than when you saw it is hard to believe as the tenants were still living there and had their belongings still there.

4. Our tenancy agreement does state "no smoking in the property" however we can not be accountable for the gentleman who lives below who has been there 25 or so years. The last tenants were there for nearly 3 years and neither us nor the landlord received any complaints about smoke coming into the flat, therefore this is the first we have heard and cannot be held accountable. We don't manage the flat and I know the landlord has been looking into aiding you on this situation.

5. There is no such thing as a "standard" break clause. This is subject to negotiation and you stated and agreed to commit to a year tenancy, even asking about the opportunity for a 2nd year. There is however a clause in the tenancy agreement that gives you the opportunity to leave early subject to penalty.

I still welcome the opportunity to discuss this with you further, should you wish to call me on 0207794 7710.

Regards

Jay Hayden
Director of Lettings