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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i signed an assured shorthold tenancy agreement with my landlord

Resolved Question:

i signed an assured shorthold tenancy agreement with my landlord on 13th November 2013 and handed over a total of £1871 to the letting agency who was marketing it. This was made up of one month's rent of £650, one and a half month's deposit (£975), a £174 application fee and £72 for a moving in fee. The exterior sewerage pipe has detached resulting in raw sewerage back filling into the loo and bath and running down the exterior of the wall. I voiced my concerns about the exterior state of the property at the time of viewing, i.e. rubble scattered everywhere, dissued kitchen equipment etc and was told that this would be dealt with but it hasn't. I have only stayed in the property for 2 nights but am not prepared to continue with the raw sewerage problem. The letting agent have been very unhelpful and said it is nothing to do with them and the landlord will not refund my rent or deposit.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Do the letting agency manage the property? Have you been in contact with Environmental Health please?

Customer:

No the letting agent are saying that they were just used for finding a tenant. i have not contacted Environmental Health.

Alex Watts :

I would contact Environment Health at the Council and speak with them. They may get someone out and if they say it is not fit for human habitation then you can move out straight away.

Alex Watts :

In any event if it is that bad and it destroys the heart of the contract between you and the Landlord then you could claim a fundamental breach of contract.

Alex Watts :

This is where it is so serious it destroys the very essence of the contract.

Alex Watts :

This means that you could potentially sue the Landlord for the losses you incur such as the deposit, the rent paid, agents fees, moving costs and any extra rent over and above what you would have been required to pay/

Alex Watts :

But I would suggest in the first instance Environmental Health.

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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