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 Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

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: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.

Hi,

Can I assist you any further?

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.
Hi,

Can I assist you any further?

Kind Regards
Al

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice