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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have a short hold tenancy agreement and have listed at

Customer Question

hi i have a short hold tenancy agreement and have listed at least 20mthings wrong with the property that the letting agreements have had to fix. in fairness they have been prompt at fixing these problems but since we moved in we had a leaking window in the main bedroom which they have had to replace. we came home one day to find a temporary window in place which was just cellophane - i didn't feel this was save and is was very noisy because we live on a main road, i immediately contacted the letting agent who was unaware that the window would tie 8 weeks to order in but agreed the temporary window was a great solution. i had to stay off work the next because our insurance would of been invalid and home unsafe - at a cost to me of course. the window was replaced with wood and has been for the past 8 weeks with no sign of resolve. i have since handed in my notice at the property because of these problems and they want to charge me letting fees- which i don't feel is fair because i had to take a day off work to resolve a problem they created ( a cost of £300 locum rate for me for a day ) and we have since had to live in a dark noise main bedroom because of the window- they did know about this leaking window before they let the property and i have advised them they they should of resolved this before letting the property at a premium!
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 :

When did you sign the agreement and how long is it for please?

JACUSTOMER-cehyhfad- :

13/12/14 12months

Alex Watts :

Thanks.

Alex Watts :

Well if you consider all these breaches to be serious then you can refuse to pay any fees.

Alex Watts :

They will have to take you to Court for the claim or deduct it from your deposit.

Alex Watts :

You need to write and set out your losses and request a refund of the deposit 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.



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.



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.



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 for trial.



Can I clarify anything for you about this today please?

JACUSTOMER-cehyhfad- :

i wanted to know if they have breeched their contract because it took so long to fix the window in question. i thought section 11 of the landlord sand tenatsnt act required the landlord to fix problems in the property within a reasonable amount of time

Alex Watts :

Yes they could have. Section 11 is quite right

Alex Watts :

But that is why you can dispute any charges and claim your deposit back

Alex Watts :

Although Section 11 does not stipulate a reasonable time but a Court can infer that

Alex Watts :

Does that help?

JACUSTOMER-cehyhfad- :

so section 11 stipulates that the landlord should repair any damages in a reasonable amount of time but not the time frame which is why we ask the court?

Alex Watts :

Indeed.

Alex Watts :

Mainly its about hot water and heating.

Alex Watts :

Section 11 does not stipulate time but says LAndlord must use best endevaours

Alex Watts :

But yes you have a claim to get out.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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