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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, We currently rent and have a landlord who does not use

Resolved Question:

Hi, We currently rent and have a landlord who does not use an agent to deal with any issues that might arise during the tenancy. We were not aware of this until very late in the day before completion but thought this should not be an issue.
We have unfortunatelt from the moment we moved in had nothing but problems. We have an on going list of items that have/still do require attention but this just seems to go on and on. This is part of the problem. The main problem is the property came with a paddock and stables and was marketed as this. In a nutshell and trying to keep this short, the field has been unusable due to A) flooding from an overflow drain which the landlord was aware of but kept to himself which makes approx. a third of the field dangerous for horses. B) The stables flood when it rains, no proper drainage or flooring. We bought £400 worth or rubber matting which he has ignored along with requests to sort the issue out. C) items left in field and now some fencing has been taken down leaving a further area dangerous to horses. the list goes on.... We agreed with him a month ago to reduce the rent we pay by £100 per month as we had to move the horses elsewhere costing us £120 pm since Christmas, he agreed but has now said this was not agreed and is pressuring us to pay the additional £100.
Any comments/helpful advice would be appreciated!
Kind Regards
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Dennis my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what type of tenancy agreement ?
Alex Watts : Do you know the cost of making good all this?
Customer:

Hi Alex, We have a 2 year aqgreement started last September with a break clause after 1 year. The cost of making the the field usuable i'm not sure about. The problem is this guy tries doing things himself and on the cheap with no idea what is required in terms of keeping horses on land.

Alex Watts : Ok. Is it an assured shorhold tenancy?
Customer:

I dont unfortunately y have paperwork with me, what is that?

Customer:

????

Customer:

I have checked and it is a short hold tenancy

Alex Watts :

Ok - let me give this some thought.

Alex Watts :

What is it you want to be able to achieve?

Alex Watts :

That is the last thing I need to know.

Customer:

l either want to get the reduced rate agreed or be able to give 2 months notice and leave

Alex Watts :

Ok. You need to do 2 things:

Alex Watts :

1) You need to write to the Landlord and ask for a reduction or say you will go to Court.

Alex Watts :

You must NOT reduce the rent yourself/

Alex Watts :

You need to write and set out your losses and request a reduction 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 reduce 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.



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.

Alex Watts :

You can sue for both historical and future loss.

Alex Watts :

As to give notice you need to write to the Landlord, point out all the faults and say he is in breach of contract.

Alex Watts :

You then need to say you are leaving and consider him to be in fundamental breach of contract and that you rescind the contract

Alex Watts :

But you need to be very careful, if there have been breaches and you stay it may be considered you have allowed and agree to the breaches.

Alex Watts :

Therefore the longer you leave it the harder it is to claim a fundamental breach of contract

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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