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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Is there a term that says the Landlord must keep the property in good repair please?
I assume you want to leave early rather than get the problem fixed?
Hi, my name is Steven.
The contract states the following: To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior of the premises...
Which I believe covers the windows etc
Sadly I dont think because of the windows are leaking you can end it.
You would certainly be able to take action for breach of contract and sue for loss and damage.
Yes we would like to leave early as from my point of view the windows will need to be replaced (large bays in the living room and bedroom) which will take a number of months...
You could certainly seek a reduction in rent but I dont think you can leave early.
If there was a breach and it was significant then you could leave.
But on the basis that these are leaky windows and sadly you have been putting up with them a Court may take the view that you knew about the breach but decided to live with it
If you had said it was significant and left straight away, you may have had a case.
But bearing in mind it has now been 3 months I just think that is far too long
But what you should do is take photos and even if you wish get a surveyor in to produce a proper report.
Then you could issue proceedings against the Landlord for breach of contract and seek a refund on some of the rent.
But I don't think this is enough to end the tenancy
I have photos of the leakage, literally water pouring through the windows top and bottom. With two young children it is not easy to just up sticks and move
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Indeed - but I think given the length of time and the fact that the breach is not that significant is not enough
If it had been the heating was not working or the boiler had failed, that would be different.
What is the process for a rent reduction? As not clear how to go about this.
But I think this is where you have difficulty.
In that you would speak to a local estate agent, point out the problems and ask what rent should be. They will give you a figure.
You can then seek to recover that difference you have paid since Christmas and then the remaining term of the contract.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
When you say local estate agent, do you mean the managing agent I deal with or another firm?
No, local estate agent apart from the one you are dealing with
They obviously have a conflict!
Can I clarify anything else?
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/