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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have signed a contract for a tenancy. The letting agent

Customer Question

I have signed a contract for a tenancy. The letting agent insisted (despite my protests) that I sign the tenancy agreement before doing the inventory and they hold the signed document and my deposit and first month's rent. I went to do the inventory yesterday and the flat is filthy and full of junk, some of which has been dumped there by the landlady a couple of days ago. To give an idea, chewing gum stuck on the wall, used tissues around, rotting food in the fridge, dirty everywhere dumped old clothes and dirty bedding on the floor etc. I was taking an unfurnished flat and have refused to accept keys until they clear and clean the place. What are my rights please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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 :

Have you asked them to clean it, if so what is their response please?

Customer:

Hi Alex, I have asked them to clean. Initially they just had a take it or leave it attitude but I said I would no move in until it was cleaned. I have nothing in writing from them to say it will be done. They just said they would have to speak with their client. They did apologise but, again, not in writing. They must have known the state it was in anyway as they are the agents who do the check before the outgoing tenant's deposit is released. Jill

Customer:

Hi alex, as there is uncertainty as to whether they will actually clean and to what standard would you let me know my rights in case they clean well and in case they clean either not at all or badly? Many thanks, Jill

Alex Watts :

Ok - what do you want to achieve please?

Customer:

HI ALEX, I want to take the flat in clean condition and I do not want to pay for any time during which I have been able to take up occupation because of the state of the flat. I was not planning to accept the key until they have cleaned to a reasonable standard and cleared away the debris (however you may have advice on acceptance of the key). Jill

Alex Watts :

I agree.

Alex Watts :

You are not liable for any rent whilst it is not cleaned.

Alex Watts :

You have 2 options:

Alex Watts :

1) Don't move in until it is cleaned and do not pay rent until it is

Alex Watts :

2) Move in, get i cleaned and claim the cost back

Alex Watts :

If you do option 2:

Alex Watts :

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?

Customer:

Thanks but you didn't comment on the rubbish left behind. What do I do if it remains in the flat?

Customer:

Sorry, sent last one unfinished. You mention Court, Would I be able to claim court costs? Thanks, Jill

Alex Watts :

If it remains you can dispose of it and re-charge the landlord if they wont move it

Alex Watts :

Yes if you went to a small claim you can claim these Court costs.

Alex Watts :

They are added to the claim by the Court

Alex Watts :

Does that help?

Customer:

Thanks so much Alex, that was really helpful and I will now go ahead with the rating. Regards, Jill

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks Alex. I have previously thanked and rated you |(highly). I'm not sure why I am still receiving emails. Is there a problem.


 


Jill

Expert:  Ash replied 2 years ago.
Jill - I think these are system generated, but ignore them!

Alex

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