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

i rent property which has rats and damp i wish to move but

Resolved Question:

i rent property which has rats and damp i wish to move but not have to wait for my months notice can i without losing bond
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : For now please let me know what type of tenancy you have and when it started?
Customer:

I have shorthold tenancy started on 27th June 2014

Alex Watts : When did the rats and damp start?
Customer:

Years ago but no one told me when i took on tenancy until i had moved in and i heard all the scratching in my bedroom and the damp was climbing up to the celling in the lounge and i asked neighbours who told me its why previous tenant left and the ones before them.

Alex Watts : Ok, so why have you only now decided you want to do something about it when You have lived with the problem for years?
Customer:

i have not lived with this probem for years previous tenants have i moved in here 27th june 2014 reported problem within in weeks of finding out the agency/landlady not done anything about it till a few weeks ago but problems have not been put right yet,

Alex Watts : Ok. Why hasn't the landlord done anything? Have you reported it to the council?
Customer:

i do not know why landlord not done anything and no not informed council as do not see that what it has to do with them. All i want to know is can i under these circumstances exit my tenancy agreement without giving a months notice and still get my bond and deposit ba

Customer:

back in full from DPOS

Customer:

Deposit protection scheme

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?
Customer:

this does not tell me if i can leave my tenancy agreement with out giving notice which is what i need to know due to the appalling living conditions and if i am able to get my bond and deposit back in full

Alex Watts : Yes you can. If the tenancy has been breached because the property is in poor condition then yes you can leave early.
Alex Watts : so yes if the landlord won't do anything you can leave.
Alex Watts : Does that help?
Customer:

If i leave without serving my months notice i will be able to get full refund on my deposit and bond due to the poor conditions

Alex Watts : Yes you will, if they refuse you take the steps above
Ash and other Law Specialists are ready to help you