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

hi i have a short hold tenancy agreement and have listed at

Customer Question

hi i have a short hold tenancy agreement and have listed at least 20mthings wrong with the property that the letting agreements have had to fix. in fairness they have been prompt at fixing these problems but since we moved in we had a leaking window in the main bedroom which they have had to replace. we came home one day to find a temporary window in place which was just cellophane - i didn't feel this was save and is was very noisy because we live on a main road, i immediately contacted the letting agent who was unaware that the window would tie 8 weeks to order in but agreed the temporary window was a great solution. i had to stay off work the next because our insurance would of been invalid and home unsafe - at a cost to me of course. the window was replaced with wood and has been for the past 8 weeks with no sign of resolve. i have since handed in my notice at the property because of these problems and they want to charge me letting fees- which i don't feel is fair because i had to take a day off work to resolve a problem they created ( a cost of £300 locum rate for me for a day ) and we have since had to live in a dark noise main bedroom because of the window- they did know about this leaking window before they let the property and i have advised them they they should of resolved this before letting the property at a premium!
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is alex and I will help you with this.
Alex Watts : When did you sign the agreement and why won't the landlord fix please?
JACUSTOMER-cehyhfad- : I signed the contract 15/12/13
JACUSTOMER-cehyhfad- : they are fixing it but it's taking a long time!
JACUSTOMER-cehyhfad- : I don't think it's reasonable to ask us to love like this for 8 weeks and a leaking window for 8 months
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 signed delivery and keep a copy.
Alex Watts : 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
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?
JACUSTOMER-cehyhfad- :

im moving out anyway, so i am eneding the short hold tenancy agreement early, i think they will try to claim the money from my deposit throught the TDS- im just wondeirng if i have to a leg to stand on ?

Alex Watts :

No - they are all Landlords problems, not yours

Alex Watts :

Does that help?

JACUSTOMER-cehyhfad- :

I'm confused. can i end the tenacy early as i have because of all the problems i have incurred and more notably the window problem and the costs involved. if so what law or clause does this come under?

Alex Watts :

Yes you can end it early if it is a significant problem

Alex Watts :

This is called a fundamental breach of contract. There is no 'law' because this is common law

Alex Watts :

Does that clarify?

JACUSTOMER-cehyhfad- :

so its a matter of opnion whether the window problme causes a significant problem ?

Alex Watts :

Yes, but on balance they are the Landlords issue. My view is they are significant.

Alex Watts :

Does that clarify?

JACUSTOMER-cehyhfad- :

that does help thank you, I think I'm going to leave it for the TDS to sort out, i have all the emails I've sent and pictures, i have documented all the problems we have had and clearly stated that the noise is an issue!

Alex Watts : Yes evidence is key.
Alex Watts : Can I be
Alex Watts : Can I help with anything further today?

Related Law Questions