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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've moved into my rented flat, and we noticed this

Resolved Question:

Hi,
I've moved into my rented flat, and we noticed this flat is full of moths and they have started damaging our clothes. I've reported this to the agency a few weeks after I moved in and they are playing dumb.
Now we have some more clothes damaged and I've asked around in the building and there is a moth infestation and I reported this to the agency again and said I want to move out. They are now holding me to the contract and pointing out the break clause of 1 year.
This pest problem has been reported by the concierge prior to me movin in and the agency did not inform us of this.
As you can imagine, I want to move out, nobody wants to pay £1500 a month for a pest infested flat and get their clothes damaged.
What can I do?
Maurice van Tilburg
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Do you know the value of the damage or to put right?
Customer: replied 2 years ago.
Hi Alex,
Thanks for the quick response, I will break it down for you.
When we moved in we couldn't wash clothes as the washing machine was moulded up, so I went to the laundry, that's about £100 before they came and fixed it.
Then mould in the shower, they came and fixed it 3 weeks later.
Moth issue it's around £600 so far, 2 of my shirts were damaged shortly after I moved in, both from Zadig & Voltaire about £250 each, my girlfriend works there so I buy stuff there to help sales :), I highlighted this with the agency but in good faith I chose not to bill them for it as I want a good relationship with my landlord/ agency (Foxtons). Then my girlfriend notices holes in he new Levi's jeans that's about £100. Victoria Secret pyjamas, don't know how much that cost, but surely around 75-100£.
Our main concern is that we have more expensive clothes here, and by expensive I mean £1200 dresses and custom tailored suits.
I asked some tenants and the concierge if they knew or had the same issues and it seemed a normal thing to them. So I got furious, and contacted the agency, telling them that I want to move out, regardless of what they do to fix the issue in my flat, if the building is infested, a little treatment in my flat is not gonna do much.
They should have never rented this flat in this condition, I put up with the washing machine and mould build up in shower until it was fixed, but I will not put up with destruction of property by pests, when the building managers have been in formed by the concierge and the agency by me.
I have the document that the concierge sent to the building manager and I have pictures of the moths in my flat.
I offered them to give them 2 months to find another person for the flat and I would pay the rent for the remaining period. They flat out refused and told me about the break clause of 1 year.
I feel like these people are abusing and I wish I could leave now, but can't live on the street, so I'm putting up with it till end of June, I will leave regardless. What I want is my deposit back, which is fair.
Sorry went on a rant there
Regards,
Maurice
Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund 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?
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex