Problem with landlord - won't fix broken window prior to moving in?

Hi everyone,

So I am supposed to be moving into a property this coming Saturday. When we looked at the property we noticed a hole in the window (about 1cm x 1cm in a round shape). We asked the letting agency showing us round to ask the landlord to fix it for when we moved in. The windows are single glazed. The letting agency told us this would be no problem and they would hand it into the landlord.

I called just to make sure that it had been fixed 1 week prior to moving in. The letting agency said that they had not done it and neither had the landlord yet. They rang him to ask why not (as he does all his repairs himself apparently) and he stated he will not be fixing it for 3 months when he comes down for his first inspection. He said the reason for this is because he lives an hour and a half away and he does not want to come all the way here for one problem.

I have asked for a clause to be put in the contract to state he said he would fix it so we are not liable and we have his word in writing, not just verbal.

But what I want to know is this legal? We have used the following arguments:

- What if it was winter and it is not? His response. But it’s not winter.

- What if we had a child who banged on the window and it shattered. His response. But you do not have children

- We cannot get contents insurance with a hole in the window as it won’t be valid – His response, then just wait.

He has basically said if we are not happy with it we do not move in. We have paid our deposit in full already and all the administration fees so we cannot afford to pull out. We have also handed in our notice at our current home and need to be out for the weekend.

Is there any law I can quote to kick him in the *** a bit? Does it not affect the structural integrity of the windows/ safety of the house? Can we claim money back for heating loss? It’s single glazed as it is.

The window is in an upstairs room which is the only good thing about this situation.

I wouldn’t mind if it was 1 week or something, but 3 months seems incredibly steep.

Thank you for your help.