How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

hello, we rent flat and washing machine have broken more than

Resolved Question:

hello,
we rent flat and washing machine have broken more than one month ago.for first two weeks landlord was promising to bay a new one,we keep contacting him cos we have two kids(3year old twins)so we really need washing machine. The tenancy agreement "says"-the landlord agrees with tenant as follows:-8.4.REPAIR to keep in repair and proper working order all mechanical and electrical items including all washing machines,dishwashers and other similar mechanical or electrical appliances belonging to the landlord. so he do not do this and we still pay him full rent.so we keep contacting him and asking again and again about washing machine. Then the landlord on 19 of March send email whit notice to move out in two months time...I like to know do we have any right to move out early?or maybe we can not to pay the rent? what we can do in this situation? thank you for advise. Jurgita
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 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.

Alex Watts :

You should NOT stop paying rent, otherwise you could be evicted.

Alex Watts :

You need to get a number of quotes for getting a replacement, not necessarily new but a replacement

Alex Watts :

You need to write and to the Landlord set out your losses and request a replacement or payment 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.


 

Alex Watts :

If they do not 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.

Alex Watts :

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.


 

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thank you. the landlord is happy to pay back every single penny for using laundry service...so there is no much we can do...

Alex Watts :

No I understand.

Alex Watts :

Its still part of the contract to have a washing machine.

Alex Watts :

If not then he is in breach of contract

Alex Watts :

So you can still sue for loss and damage, but you can't withhold rent.

Customer:

I understand,but if he breach the contract,maybe we can move out earlier?cos we have notice from 19 March until 18 May,but there is many flats or house available now...we cant pay rent for two properties.

Alex Watts :

No I dont think you can. its a breach but not really that serious to justify moving out.

Alex Watts :

I am sorry

Customer:

well thank you ,now I'm sure there is no point go to citizen advise bureau with two kids.thanks for advise.

Alex Watts :

I am sorry its not better news but I have a duty to be truthful.

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/

Ash and other Law Specialists are ready to help you