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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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Im in 12 months assured shorthold tenancy in London. Once

Customer Question

I'm in 12 months assured shorthold tenancy in London. Once I moved to the flat, it transpired that all windows there are in very poor state which I reported to the agency straight away. They arranged a specialist to come take a look and the specialist reported that all windows were in non-repairable condition as all wooden parts were rotten. The agency promised to arrange replacement however nothing has been done in this regard for more than a month. What can I do in this situation from legal perspective?
The windows condition is really poor, deep cracks cause strong draughts and allow water to go through during heavy rains.

Thanks,
Tanya
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you been given a reason for the delay please?
Customer: replied 3 years ago.

Hi,


 


When I was calling the agency a couple during the last few weeks, each time I was said that they sent a request to some windows company and waiting for their response

Expert:  Jo C. replied 3 years ago.
Thanks.

Is the rot on the inside or the outside please?
Customer: replied 3 years ago.

It's inside, if you touch wooden casements it feels like they are empty inside also looking Ok. The specialist said no wood left to repair

Expert:  Jo C. replied 3 years ago.
How did they obscure this when you viewed the property originally?
Customer: replied 3 years ago.

The real state is not obvious from just look of the windows. The viwing took place on a warm day and there was no draughts when I tried to put my hand near the glass.

Also, most of the furniture present during the viewing belonged to previous tenants. When it was moved away, there transpired to be cracks on wall paint and few more things of this kind. In addition, there was no cleaning done by my move-in date. I reported all of these after spending 1st night in the flat and suggested I could abandon all my claims at all and sacrifice the deposit if landlord agrees for early termination of the tenancy. The agents told that they would prefer to arrange all fixtures and cleaning
Expert:  Jo C. replied 3 years ago.
Thanks.

You cannot leave an AST on this basis.

However, you do have a claim in disrepair against them. You do have to give them a reasonable period of time to put this right and obviously this is a large fault.

I do think, overall, that a month delay is excessive though.

You have various options. You can seek a reduction in rent for the time you have spent there. You can always do the work yourself and sue for the cost but that would be prohibitive here given the cost involved.

You should really write to them warning them of your intention to sue if they do not do the work within 14 days or at least set down a proposed time schedule.

If they are waiting for tradesmen to become available then that might be reasonable but you are entitled to be told about it.

Can I clarify anything for you?

Jo
Jo C. and 3 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/