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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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Yesterday I paid the deposit and 6 months rent in advance (

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Yesterday I paid the deposit and 6 months rent in advance ( due to a credit issue) I recieved the keys and went to visit the property to measure up etc. when I arrived I found the garage windows insecure basically pieces of Perspex secured with tape, an inspection pit in the garage which has been back filled and and is I safely covered etc. I sent the lagging agent an email which I have cut and paste below detailing further. What is my recourse if any to cancel the agreement.
Good evening,
Today my wife and I payed a deposit and Six months rent in advance for the property as detailed above. Could we please have acknowledgement and receipt of payment from ********
Upon receipt of the keys my wife and I visited the property and have the following comments as detailed below.
1. The garage windows have been made weather proof, but offer little in the way of security. A piece of Perspex secured with gaffer tape which can easily be removed.
2. The garden shed windows are in a similar condition to that of the garage.
3. The garage floor has a inspection pit. In normal circumstances this would not be an issue. However the inspection pit has been back filled to lower depth than finished floor level and covered over using sections of various types of laminate and pulp sheet materials. This renders a section of the garage floor both unusable and a safety issue which must be considered as we have two children. This could easily be rectified with use of a more suitable cover.
4.items 1&2 void our contents insurance due to lack of security therefore are rendered unusable in the current state.
Whilst I was at the property we met the landlord and his wife, I raised the issues above with exception to the insurance and the landlord stated he made the garage weather proof, no recourse was offered regarding the inspection pit. I the time I asked the landlord if he objected to me installing additional security to the garage which he agreed. However I do not deem correct security of attachment of glazing panels as an additional security measure.
My wife raised the issue of installing shelves in one of the bedrooms to which the landlord stated reluctance for us to do so due to the wallpaper being damaged. It was stated that we would make good any penetrations to the building fabric on vacation of the property. If this is the blanket statement regarding the walls how are we to hang pictures/mirrors etc.
As a result of the issues raised in particular the safety and security of the garage I have an appointment tomorrow morning for legal clarification of my rights with regard to contract termination. Please call me at the earliest opportunity to discuss this so a resolution can be sought.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello. i am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Did you view the property before you signed the agreement? Are there any specific clauses dealing with maintennance and disrepair problems like this. I doubt whether either of these problems would enable you to cancel the agreement. The pi tin the garage would usualyy be covered by caveat emptor. The windows in poor repair may well be a breach of the repairing obligations of the landlord but are viewed by the law as quite minor Did you notice them before hand and require them to be fixed before moving in or make security a particularly important factor in taking the tenancy? If so things might be a bit different.

Customer: My wife dealt with the letting agent the windows were mentioned and it was agreed they would be repaired prior to occupation. My wife stated to the letting agent that the garage needs to be secure several weeks ago.
LondonlawyerJ :

Ok did he agree to make it secure? Even if he did then this is unlikely to be such a serious breach that you can abandon the contract. Your better bet is to try and gt the repairs carried out.

LondonlawyerJ :

I am busy with my children on and off this morning but will get back to this site later today.

LondonlawyerJ :

Do you need any more information from me? if so please ask. If not I would be grateful if you would rate my answer as I will not get credited for my answers if yo do not do so.

Customer: Thanks, ***** ***** the contract annulled as the landlord had not signed and got a full refund
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