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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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there, I have recently moved into a property from another

Customer Question

Hi there,
I have recently moved into a property from another nightmare property. It is a two bed flat and the other girl that lived here is how I found the place. She didn't tell me however when before I moved in that they had had issues with pests. Within my first two weeks I found a bedbug, which led to me finding bed bug eggs on the wardrobe which they had left in my room. Which also made me find out that the landlord/agency hadn't been in to clean the room or check the state of the room.
I then received an email from them with a previous invoice stating that the landlord is refusing to pay for anymore pest control as he had already spent 1600. The pest control people offered us a free three months but the problem is not going away - unfiortunately the flat is a mess full of holes and I am trying to fill them in but it isn't working, and we have a cockroach and bedbug problem. Im wondering if theres anything legally I can do - as I am stuck - if I move I take them with me but if the problem is fixed I am ok.
They never did an inventory with me and have never been to the flat and also haven't produced any certificates of safety etc. But my main worry is the pests - it is horrible living in this situation.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what type of tenancy agreement you have?
Customer: replied 1 year ago.

Its an assured shorthold tenancy?

Expert:  Ash replied 1 year ago.
Thanks. What is it you want to achieve ?
Customer: replied 1 year ago.

I don't know - get them to fix up the property so that the creatures cant get in and pay for the pest control. Or pay for my stuff to be treated as I move and give me my deposit back so I can find somewhere else? Or money to replace all my stuff as I cant move without it being treated! I would prefer option A, fixing the flat and staying in it with no pests.

They are point blank ignoring my emails and stating the landlord will not pay for any more pest control. There are holes in the walls which I have filled in with expandable foam but there must be more that I cant see. I have had three cockroaches in the last week. I am struggling to cope and sleep! I want to know really legally what the landlord is responsible for as I read somewhere that if he moves me into a property that is already infested it is his responsibility to fix that.

Expert:  Ash replied 1 year ago.
Have you spoken to the council environmental health yet at all?
Alex
Customer: replied 1 year ago.

Just about to do that....but also wanted legal advice so that the agency might start taking me a bit more seriously rather then ignoring me.

Expert:  Ash replied 1 year ago.
Is your deposit protected do you know?
Customer: replied 1 year ago.

It should be in dps but I need to confirm that.

Expert:  Ash replied 1 year ago.
Ok please do because if not you can sue the landlord for x3 the deposit. Speak to environmental Heath as they may be able to take action.
The landlord and tenant act 1985 provides that accommodation must be fit for human habitation. Clearly there is also a contractual duty for the landlord to make sure he complies with his obligations under the tenancy.
If the council refuse to do anything you have two choices
1) to out up with it and sue the landlord for breach of contract, or
2) move out and claim breach.
1)
You need to write and set out your losses and request compensation 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 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.
2)
If you want to claim breach you can but you need to act quick. You can claim a fundamental breach of contract where the relationship has broken down. But if you claim this type of breach you need to move out asap as the longer it is between breach and you taking action the harder it is to claim breach, rather than you have accepted the breach.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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