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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10543
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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there. My friends rented a house last month with a 12

Customer Question

Hello there. My friends rented a house last month with a 12 months contract. They have asked the agency to replace the mattress and deal with the mould. Instead , the agency gave them a 2 moths notice to leave the place. I'm an agent myself, i know thats not legal. Whats the next step for them to do? thank you!
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I take it that your friends have a 12 month Assured Shorthold without any break clause?

Do they know what is causing the mould? Is there an ongoing problem with damp?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hi. They have no break clause. I'm not sure of the cause , but the agency haven't investigated, just asked them to leave.

Andreea

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

Well, just because the Tenant has requested the Landlord to take action is no grounds for the Landlord/Agent to erminate the Tenancy. I'm sure you are aware of this.

The Notice is thereofr einvalid, and your friends should ignore it. Indeed, if the Agents push them on this, they would be guilty of illegal eviction, which is both a criminal and civil offence!

As regards ***** ***** if it is damp that is causing the problem (as opposed to the Tenants not opening windows/hanging up washing inside the property), the Landlord is under a duty to rectify the problem. The cheapest thing for your friends to do would be to contact the local Environmental Health Officer at the Council, who will come out and ascertain whether there is a "statutory nuisance" under the Environmetal Protection Act 1990. If there is, they can serve Notice on the Landlord , giving him 21 days notice to rectify the problem.

As regards ***** ***** caused by the damp,to the Tenant's belongings, I am afraid your friends would have to issue separate Court proceedings to recover their loss.

I hope this assists and sets out the legal position.

Please let me know if you require any further clarification.

Kind Regards

Al

Customer: replied 2 years ago.

The problem is not the mould anymore. The problem is they already started to do viewings on the property. I need an advice on how to take legal action against them.

Thank you!

Expert:  Aston Lawyer replied 2 years ago.

Hi,

It's a strange one, but there is nothing you need to do- your friends have a 12 month Tenancy and this is legally binding.

If I were your friends, I would be telling the prospective viewers that they are wasting their time.

I would also get a Solicitors letter written to the Agents, pointing out their Notice is invalid/if action is taken to evict the Tenant, then they would be guilty of illegal eviction/if further viewings take place, this will be seen as a breach of the implied covenant that the Landlord should give a Tennat quiet possession of the property, and that Court action will be taken to claim damages against the Landlord.

Does that help?

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Can I assist you any further?

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.
Hi,

Can I assist you any further?

Kind Regards
Al