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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Took occupancy of a rental property last week. Condition of

Resolved Question:

Took occupancy of a rental property last week. Condition of our offer was that the property was to be professionally cleaned appliances and carpets. Garden fully looked after and all weeds removed from front and back.
The property had not been cleaned in any shape or form- food in the over, fridge freezer has debris in it, mould, dust everywhere, and the carpets had not been cleaned.
Estate Agent came out and said we were over reacting to a bit of dust.
Also some tiles were broken when we arrived and we called the estate agent right away and told him we were very worried that the ceramic tiles would spilt further. Badly laid tiles and we took precaution to cover them when the removal people arrived. But they spilt and we have two broken tiles and the Estate Agent is now saying we are responsible for this.
He also accused my husband and I of being racist - as we complained about the place not being professionally cleaned he put this in writing to us and threaten us and said he would not tell the Landlord. ? We lived in Singapore for 3 years and have many asian friends and we are certainly not racist - just because we acknowledged the house had not been professionally cleaned per our offer to rent the property for 12 months. The house is owned by asian couple.
Can we get out of this contract? We don't want to deal with this Estate Agent who is managing the property for the Landlords and their unprofessional manner towards us.
Can you please advise.
We also don't have a signed copy of the tenancy agreement duly signed by my husband and myself. The Landlords are based in US at the moment.
Do we have a case to get out of this contract?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I am sorry to hear of your troubles. In order to end a contract it must be fundamentally breached - that is the breach or breaches are so significant it destroys all trust and confidence.

Alex Watts :

If you feel that is the case then you can end it. But you must be warned, the longer it is between breach and you ended it the harder it is to claim a breach, because in law the longer it is, the more likely it is that you have 'affirmed' or accepted the breach

Alex Watts :

So if it is significant then you need to leave as soon as possible as the longer you leave it the harder it is to claim such a breach.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Do we have a case or not?
Alex Watts :

I think you may do yes

Alex Watts :

Especially if the works have not been done, they are blaming you for the tiles and now saying you are racist.

Customer: Thank you
Alex Watts :

Does this answer the question for you today?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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