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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I signed a contract for 6 months and i paid half the rent for

Resolved Question:

I signed a contract for 6 months and i paid half the rent for student accommodation.The apartments were being renovated before i signed the contract back in November and i was reassured that by January all the work will be completed in time for us to move in since there was only one floor left to be fixed.This was all i lie and i found out the day i moved in that there was a lot of work left to be done.I was told that the rooms were soundproof so i wouldn't hear the workers renovating the other floors.This too was a lie since i can hear all the drilling going on in the place.On the day i moved in ,my room was not even done so they told us to wait for 2hours because they needed to do some final touches to it.After 2 hours i came back only to be told to move into another room because apparently the shower door in my room was loose and it was a hazard for me to stay in that room.Four days later they fixed shower door and i moved in.The room was not cleaned so i had to clean it myself.The issue is i want to move out but the contract says if the tenant want to terminate the contract early i still have to pay for 6 months rent.But if the landlords are in breach of the contract or tenant rights only then can i move out and get the rest of the money i paid in advance on rent.I want to move out and get the rest of the money i paid in advance but im sure if i ask them they will just say,well you signed the contract.In all this i need to know if they breached any of my tenancy rights and if i can use that against them so that they are forced by law to give me back the money i paid in advance and allow me to move out and find a better place to live.thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 :

What type of agreement is it please?

Alex Watts :

It is a room only contract or an assured shorthold tenancy?

Customer:

Room only.like a studio apartment

Customer:

assured shorthold tenancy

Alex Watts :

Ok - do you consider all these matters to be severe breaches?

Customer:

In terms of them suggesting that the rooms are soundproof it is a severe breach because i am a student i need peace and quiet.if i had known they were still renovating i would have never moved in

Alex Watts :

Ok - only you know this. If it is a breach of contract that is so severe it goes to the very heart of the contract or destroys all trust and confidence then it is a fundamental breach of contract

Alex Watts :

Only a fundamental breach can end a contract straight away.

Alex Watts :

If it is such a breach it destroys the whole purpose of the contract then it can be ended straight away

Alex Watts :

However the longer this goes on, the harder it is to claim such a breach - this will be deemed as you have accepted the breach

Alex Watts :

Therefore if you are going to terminate it needs to be sooner rather than later.

Alex Watts :

You would be entitled to a refund on the time you left and if you wished a reduction in the time you had stayed there

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So when i go to tell them my plan to move out and ask for the money i paid in advance.what do i say to them?

Customer:

in legal terms so that they wont just dismiss me

Alex Watts :

You set out the position - all the problems and say you consider it to be a fundamental breach of contract

Alex Watts :

That is the term - fundamental breach

Alex Watts :

And you want a refund of the remaining term

Alex Watts :

If not you can issue proceedings in the small claims Court

Alex Watts :

www.moneyclaim.gov.uk

Alex Watts :

Does that help?

Customer:

Yes that helps.In your opinion do you think this will go well for me?

Alex Watts :

Yes I do - if there are severe breaches.

Alex Watts :

Does this clarify for you?

Customer:

Yes it does.thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

Customer:

Thanx for your help

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