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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello I am currently renting a studio flat in Chiswick that

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Hello I am currently renting a studio flat in Chiswick that is £1040 a month. I had initially put £1500 upfront as a deposit. Me and my partner signed a 12 month contract and unfortunately the stress of our relationship caused us to separate 4 months into the contract. This stress was caused by problems in the flat such as having no heating in the flat as the 2 storage heaters were broke. 1 worked a little bit but it literally made no difference to the temperature of the flat and smelt horrible so couldn't leave it on for long. This was a big problem as we have a big draft from the window at night as our bed was next to the window. Now my partner has asthmatic problems. When cold air gets into her throat and her lungs such as the one coming from the draft it causes her big problems such as struggling to breathe at times and losing her voice. She has been admitted to hospital twice as a result to this draft. Having no heating to warm up the house contributed hugely to this. We moved in July so we had 2 months where it was cold at nights and no heating is ridiculous for that sort of money. We contacted our landlord and explained the situation and she told us to check the fuse, after that didn't work she told us to contact an electrician which I thought was her job to fix. I haven't got time to do it. She left it with us to deal with. Few weeks later my partner was admitted to hospital because of the draft and having no heating. We had had enough of it and she decided to move back to wales because she was scared of her health. I left the flat and moved in my dads house. Now we left November 12 the day the rent was meant to be paid. Now me and my partner agreed to pay £1040 which was good until December 12. The estate agents told us they would be able to sell it quickly, told us that we will get our deposit back and half our rent for that month. I have given both sets of keys in to the estate agents by this point. I have no access to that flat. December 12 comes along and they want the £1040 a month for Decembers rent. I was not happy as I felt i shouldn't have to pay this as with all that my partner has suffered and the fact I've handed the keys in and they still have that initial £1500 which was six weeks rent upfront. In December me and my partner become together again and were in limbo about what to do. There are 2 guarantors on this contract one for me and one for my partner. There is a part to this contract that states 'negligence is generally about your landlord not causing you injury or damage as a result of their careless or negligent behavior'. This goes on to state 'for example, your landlord may be negligent if they didn't do the repair work needed in your home after you told them about it, and as a result you injured yourself'. I thought this matched my partners case. Told the landlord about the draft she asked where it was coming from, we didn't know exactly told her and we heard nothing from her after that. We asked if it was possible to take my rent and use that for this month but she declined. I'm not sure how to work this out because i think i'm being treated unfairly.
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 : For now please let me know how much you are seeking to recover?
Customer:

not seeking to recover anything

Customer:

They want £1040 and threatening my credit rating, county court. I don't believe i should be paying this. Also my £1500 deposit is in limbo. I have no access to the flat and they still have it.

Alex Watts : I agree.
Alex Watts : They can't touch your credit rating.
Alex Watts : Even if they issue county court proceedings it would only ever be a small claim given the value.
Alex Watts : Even if you lose at court then as long as you pay the disputed sum within a month, you won't get a ccj
Alex Watts : They can't recover legal fees in a small claim
Alex Watts : So they are just being bullies. If the property was not up to scratch then you are justified in ending the agreement snd claiming the deposit etc back.
Alex Watts : Can I clairfy anything for you about this today please?
Customer:

right but do you think I have a point in my right not to pay as i had no heating in that flat since I moved in? and i thought I was being fair with them taking the rent out of my deposit but there keeping that and wanting another £1040 for a flat that had no heating?

Customer:

Thank you for that answer it was very reassuring

Alex Watts : Yes I agree. The landlord has a duty under the landlord and tenant act to provide hot water and heating.
Alex Watts : So totally justified in claiming it back
Customer:

Appreciate the feedback Alex

Alex Watts : Can I clairfy anything else for you?
Customer:

no that covers what I wanted to know. Thank you very much.

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