Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what the minimum term was please?
Alex Watts : Hi
The tenancy was/is a 12 month shorthold reverting to an assured tenancy at the end of that period
Alex Watts : so the tenancy has not started yet?
Yes we signed up for the property on the 3rd September
Alex Watts : ok and you have not moved in?
Alex Watts : ok then you can break it.
Alex Watts : The contract has not started and it should have and therefor you can leave without fear of owing rent etc.
Alex Watts : In fact if you had paid any fees you would have been entitled to a 100% refund.
Alex Watts : The tenancy has not started as it should have, the property is defective and therefore you can end.
Alex Watts : Can I clarify anything for you about this today please?
We,ve given notice as explained but we're being pursued for the rent owed during the last 3 weeks and the next months notice period
Alex Watts : You can defend this - the property isn't habiable. Therefore they are in breach. Indeed you could sue them for breach of contract
How would you proceed?
Was the landlord legally obliged to disclose the asbestos issue to us before proceeding with the setting up of a new tenancy?
Alex Watts : They should have as it was material.
What about the gas safety issue?
Alex Watts : Exactly the same there too
Alex Watts : you has asbestos and gas. But anyway you are not liable
Alex Watts : They are in beach
Alex Watts : does that help?
So the fact that we signed a contract is irrelevant?.........Is it a clear cut case should it reach court?
Alex Watts : yes
Alex Watts : no it won't reach court
Can i quote your advice in correspondance with the landlord? ( local authority )
Alex Watts : yes of course
Alex Watts : Happy for you to do that
Which legal firm do you represent?
Alex Watts : I am a local authority lawyer!
Alex Watts : i can't act for you though
Alex Watts : can I clarify anything for you?
Do you practice law in the uk?
Alex Watts : Yes Midlands
Thanks for your help