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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have just moved into a property that we took sight unseen,

Resolved Question:

Hi
we have just moved into a property that we took sight unseen, (apart from the photos the letting agency advertised) and it turns out that the walls are all sprayed by cat urine.
The worst problem however is that there are also fleas everywhere.
We feel misled by the agency, who is saying that the landlord will now re-paint and get an exterminator.
However, we took the property understanding that it would be clean and liveable.
So far we have been bitten numerous times, and our dog, who had to undergo rigid rules and definitely was flea free to enter the UK, is now covered in fleas. He had to get a steroid injection at the vet for his skin, and the vet told us that even though he has anti flea medication on, it still wont help if the place is infested.
We have been here three days, and just want out of this lease, and our deposit back, and the rent that we had to pay up front for the first month.
Where do we stand with this? and how do we proceed?
Best wishes
Angelique Scheepers (London)
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is the cost of putting right? Why didnt you inspect it please?
Customer: replied 2 years ago.

Hi, this is because we were living in the US at the time and relocating to London.

We chose a reputable (or so we thought) agency to help us find a property to rent.

After seeing the photos, and checking things like google maps etc, and crime maps. We were happy with the house and continued to sign the tenancy agreement and two months deposit.

Expert:  Ash replied 2 years ago.
Sure. If you consider this to be a significant breach then you can end the contract and seek a full refund. But the issue is the longer you leave it the harder it would be to claim it is a significant breach. The longer you leave it the more it could be said you accept the breach. Once you have ended it you can sue for your refunds of deposit and fees.
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?
Customer: replied 2 years ago.

It is indeed a significant breach for us, it is awful being bitten by fleas. And also know that extermination is a lengthy process. Which we just do not want the hassle of.

What I would like to know is would this be considered a significant breach according to the law? Are we in the right? Is it legally a significant breach? And how do we prove it? we took the dog to the vet today and she could probably write a letter? we took a video of the fleas on the second day of living here, and I contacted the lettings agency.

Expert:  Ash replied 2 years ago.
Yes I think it is. If you have proof then you are ok.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

did you see my question regarding clarification?

Expert:  Ash replied 2 years ago.
Is it a signficant breach. That is something you have to prove and it is subjective. There is no law saying what a significant breach is.
You say it is, you have to prove it. So you need evidence.
Does that clarify?
Alex
Expert:  Ash replied 2 years ago.
Hi

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

If you have not done so already 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