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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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,we make yesterday a contractual tenancy agreement for

Resolved Question:

,we make yesterday a contractual tenancy agreement house we asked if the house is ready painted and clean and they said yes,today when we went to the house is a disaster dirty and disgusting.we want to break the contract!!it is possible?thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

please let me know whether you inspected the property before agreeing to rent it?

Customer:

yes and they said they gonna paint and clean

Customer:

yesterday they said if we are ready to sign

Customer:

and they said it s ready

Alex Watts :

Ok. Then yes it sounds like you can break it

Alex Watts :

If it was signed on the condition it would be pained and clean and they have not done this, this is breach of contract

Alex Watts :

As such you can break the tenancy and sue loss and damage

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

But the longer you leave it the harder it will be to break the tenancy

Alex Watts :

Can I clarify anything about this today please?

Customer:

this it was a conversation between us and them isn t on the contract

Customer:

is ok

Customer:

but i have pictures

Customer:

with the house

Alex Watts :

Ok, then it is still part of the contract

Alex Watts :

If they have lied then they are in breach of contract

Alex Watts :

In any event if the house is disgusting then you can break the contract

Customer:

thank you

Alex Watts :

Does that help?

Customer:

yes thank you very much

Customer:

i will do as you said

Alex Watts :

Can I clarify anything else ?

Customer:

no thank you

Alex Watts :

Great, if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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