I just need to rant about this to get it all off my chest.

We were shown a property in January, its a gorgeous brand new house - apart from one thing. The garden was a mess, the ruf had been laid and then left there without being watered and generally looked after. The agent showing us round promised us that this was going to sorted out and they had agreed that the builders (still on site) were going to redo it. We accepted, moved in (March), and are very happy.

But the garden problem remains and it basically needs returfing. The builders say there are under no obligation to do it and it was up to the buyer/landlord to maintain it. Our landlord bought the property through an investment club, he hasnt even seen it. I rang the letting agents and they told me it wasnt there problem, and to ring the head office on a convenient 0845 number. I did so and reported the problem to the lady who 'input it on the computer' and said she would contact the landlord and be in touch. A couple of weeks went by and i hadnt heard back so i rang again. The lady told me exactly the same, that she would put it on the system and get in touch with the landlord. I told her that she told me that last time (it was definitely the same lady, I got her name and her accent tells me she was Polish). She ignored my complaint and just said "well theres no notes on the system" and proceeded to tell me shed be in touch. She was not. I called again, and was told I'd be put through to **** (same lady) and I said that i'd rather speak to someone else because she didnt understand/care/do her job last time. She told me a colleague would ring me back. Never did.

I then wrote a letter to the landlord asking that he get an outdoor tap fitted so that we could attempt to revive the garden, and also requested that he allowed us to get a cat. His home address was not on any of our documentation so I sent it to the letting agent requesting that they forwarded it on. At least 6 weeks have passed and he has not responded, which makes me think its either that the agents who havent passed the letter on, or that he is just a crap landlord that doesnt give a toss.

In any case, we are now with a crap garden. I have mowed the grass that is there a couple of times since moving in, but all that achieves is revealing the blatent bald patches (80& bald, 20% grass). We have just come back from holiday and found it chockablock with weeds. I have been out there today trying to pull some of them up, but its neverending, and it still looks a sight, and will continue to do so when the weeds are gone because of its inate baldness!

I have enquired to a number of gardeners on the forum, asking that they come and take a look and quote for returfing it. I think I am going to find a reasonable quote, write to the landlord again requesting that he pays for the works, and if he hasnt responded within 2 weeks, get it done anyway ad deduct the fee from our rent.

Rant over, if anyone has any (helpful) suggestions of how we could proceed please let us know. I am so annoyed that we were promised this work would be done before we moved in, and 3 months later it is still not. I dont want to threaten to move out, because I love my house and other than this garden problem, am very happy here!

I'd suggest you write to the letting agents requesting they also forward this on to the landlord, stating in x number of weeks you will be getting a gardener to come in and redo the garden and will be deducting this from the rent.
I would particularly put in the letter that you assume them to be happy for you to do this unless you receive a letter stating otherwise. See if anyone replies...

:thumbsup:

Although this is a great idea in principle, unless you have something in writing from the Letting Agent to say that the garden would be sorted out prior to tenancy commencement then there's not a lot that you can do apart from maybe tipping up at the Agents office and asking them to try to contact the landlord by phone whilst you're there. Unfortunately they've got you over a barrel as you've already signed up with the garden in the state it is and they could tun round and say that you got the rent at a lower rate because of the state of the garden. Try to get something in writing first if you can

U know, i dont think we have anything in writing, how stupid of us. Unfortunately the letting agents wont have anything to do with us, they say its all at head office now e.g. now that they've got our money they can sit back and file their nails in woodseats while i deal remotely with the cheshire head office. I HATE letting agents! Thanks though, ill rummage around and see if we have anything in writing

Even if you don't, it's worth paying them a visit and refusing to leave until they do something about it i.e contact the Landlord (as the Landlord may not know what is happening which I'm sure is the case) or give you something in writing to say it will be sorted out.

Bluizaac is right in saying that it could be hard to progress with this unless you have something in writing. The agents are, however, obliged to provide you with a name and address for your LL if you ask them. If you make a written request, they must provide the information within 21 days, or they'll be committing an offence that carries a fine of up to £2500. Also, check if the agents are a member of a trade association, such as ARLA, and make a complaint to them.

Just to confirm following on from message above, your letting agent does need to give you your landlords name & address and this is from Section 1 of the Landlord and Tenant Act 1985.

Regarding the turf, I think thats difficult now that you have been in there this amount of time, I dont think the landlord will have an obligation to fit you an outside tap.

Regarding witholding rent that is very risky! Generally private rented sector tenants dont always have great security and you could be putting yourself at risk of being evicted. Even if in a fixed term if you withold rent some contracts allow the landlord to take court proceedings.

Witholding rent can cause many problems, eg: if you are unable to find another property if evicted and if you had to rely on the council could possibly be problems with being intentionally homeless or it can result in your being evicted & may still end up with the liability rent. There is a case that went to court explaining the way in which a tenant can withold rent for any disrepair in a property but not sure if this would constitute that. The procedure is quite long and drawn out and very often someone can be evicted before following the correct procedure. I think the case is Lee Parker V Isset if you want to check it out.

Good luck but be very careful !

Hi, its a bit sneaky but you can go onto the land registry and find the landlords contact details through there.
If it were me I would do that and then write directly to your landlord explaining everything with a very softly softly approach.
Whilst you do get some landlords who are not bothered, I think that if its a new build or a refubishment your landlord must care enough to have undergone this work.
Try that and explain that you just want to be good tennants and you are helping him/her with future tennants by keeping the garden in good condition.
Also, its not always the case but if you look on your gas certificate that usually has the landlords address on there.
Good luck and let me know if this helps!

Fabulous Girl can you keep us up to date on whats happening cheers.

Thanks everyone for your advice. I havent really done anything yet. Havent managed to find any paperwork that confirms what we were promised about the garden. Should really have got something in the first place. I'm not sure what to do. I will try the land registry to find his address since all of my correspondence through the agents as gone ignored. Have a gardener popping round tomorrow to estimate what the work would cost. then ill write to his direct if i find his details, and ask verrrrry nicely.