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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Dear Sir/Madame. I hope you can help me with advice. I rent

Resolved Question:

Dear Sir/Madame. I hope you can help me with advice. I rent a terrace house from the Agency. The agency is very tricky and doesn't want to provide any maintenance or repairs. As per Tenancy Agreement we have to stay in this house by 3rd of September 2014. We already live there 10 months. The lease is 12 months. We (me and me housemate) signed a contact on 4th of September 2013. Then agency has provided us with Rent book and Statement of tenancy terms. Tenancy agreement has been sent to another country to the Landlord and supposed to be sent back. Although I asked for it multiple times, we couldn't get an Agreement within 10 months and I have a proof that my last request (which has been sent to then by email) was ignored. Yesterday my flatmate finally picked up a Tenancy Agreement from their office, but it seems to be a fake as even then last page is a copy of original agreement. I believe they changed some paragraphs before giving it to us. And now they wrote me an email explaining that it's my problem that I misplaced the paperwork. But before we've never got it. The house is old and damp. Mould grows up on the walls everywhere, although windows are now open 24/7. In my bedroom the external wall is soaking when it's raining outside and wallpapers are going off. My bed is sticking too much because it's old and there's too much moist. Washing machine is broken (computer is broken inside. Washing machine engineer confirmed it to me but agency is telling me that everything is fine and engineer hasn't reported anything). Recently there was a leak in our bathroom - hot water was pouring from the roof and they don't take any action. This dampness causes my health too much and I understand hat we need to move out ASAP. I believe there nothing will be changed if it hasn't been changed within 10 months. I'd like to move out earlier but the contract says that I can't. What are my rights in this situation? I've ridden the law few times and it looks like I have no rights. Only responsibilities to pay the rent until the end of the contract. Please help me.
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, 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 is it you want to achieve please?

Hello Alex! I want to not pay the last rent or to move out one month earlier (together with my housemate, we rent this house together). I believe I'll not get my deposit back anyway and this damp house caused me heath. I was sick 5 times within 10 months. One hour ago I've been accused by Agency Representative that I've been provided with all paperwork in time and that I've simply lost it

Alex Watts :

Will the Landlord allow you to move early at all please/


No, the landlord will not allow me to move earlier. There's a paragraph in tenancy agreement that I can't finish the rent earlier

Alex Watts : If the house is in poor condition you can only end the agreement early if you consider this to be a significant breach.
Alex Watts : But to do this the longer you leave a breach the harder it is to state it is a significant breach.
Alex Watts : You could leave now, but you may not end up getting your deposit back.
Alex Watts : If you so leave now, you need to make sure you have plenty of photos, videos and evidence over the state of the property.
Alex Watts : N
Alex Watts : but if it is in poor condition all they can do is charge you for the month.
Alex Watts : They could take this out of your deposit or pursue you for it.
Alex Watts : You would be entitled to bring a claim against the landlord because of the state.
Alex Watts : So if you move early you are only obliged for that month.
Alex Watts : Can I clarify anything for you about this today please?

Thank you for your response Alex. We won't get our deposit back anyway. This house is in very poor condition: walls full of marks, mould and damp which damaged wallpaper and the roof, lots of rubbish - old furniture in a very bad condition left by previous tenants. Agency can claim that everything is caused by us and keep whole amount "for repairs and redecorating". It's very easy to keep our deposit although I'm tidy and we tried to improve the condition of this house. We wouldn't pay the last rent. But we also don't want to be in a debt list as it's unfair. They know my bank details and I'm also afraid they can take money from it without my permission.

Alex Watts : No. Cancel any direct debits you have and leave if you are not going to get any money back.
Alex Watts : Does that help?

Yes Alex. Thank you for your help and support. We were feeling so desperate but you give us a hope.

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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