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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took on a property last week which i signed a 12 month

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hi i took on a property last week which i signed a 12 month contract on Wednesday which i was given the wrong keys by the estate agency , but didn't find out until the next day when i was meeting a man to measure up for blinds...wrong keys no entry gentleman had to leave... eventually got keys from the son of the landlady, who informs me an electrician would be in to finish electrics i was lead to beleave it was ready for a tenant to move in on signing, the rubbish at the side of the property would be cleared skip delivered, as that was part of my agreement taking the property on... on Friday rang and left messages to the landlady couple of times no response, on Sunday morning at 8 am i went to the house as removals was coming to the house on arriving at the property i fined no clearance at the side of the house. so i have had call removals people and put my stuff in storage at an extra cost to me, i cannot gain full access to the property due to rubbish at the side of the house and the skip blocking the front drive entrance. Rang landlady again and still no response.... do i stand a chance of cancelling my contract
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How many days late were the keys?
Customer: replied 2 years ago.
i signed for keys on 11/08/2015
i realized keys didn't fit property following day 12/08/2015
Expert:  Ash replied 2 years ago.
Ok, so have you moved in?
Customer: replied 2 years ago.
no could'nt get removal van near enough to move furniture into the house.
Expert:  Ash replied 2 years ago.
Ok, then you can claim this is breach of contract and sue for your deposit and fees back.
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.
thankyou but do i send it to landlady or estsate agency? as i did sign a 12 month contract with estate agency
Customer: replied 2 years ago.
can i terminate a this contract?
Expert:  Ash replied 2 years ago.
Yes the contract can be terminated. You send it to the Landlady as your contract is with her.
Alex
Customer: replied 2 years ago.
do i keep paying estate agency until this is resolved? what do i do next if she disagrees with termination could i be made to stay at this property?
Expert:  Ash replied 2 years ago.
No, you end it, dont pay any more and claim losses. They can;'t make you stay, they have breached the agreement - there is NO acommodation provided.
Alex
Customer: replied 2 years ago.
do i inform the estate agency of my intentions before or after, as i am paying them directly, but they don't deal with any thing else todo with the house? or just deal with landlady
Expert:  Ash replied 2 years ago.
Yes do this now. Inform them all.
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
Customer: replied 2 years ago.
do i keep the house keys until this matter has been resolved or do i give them in? and who too?
Expert:  Ash replied 2 years ago.
Give them in to the agent.
Does that help?
Alex
Customer: replied 2 years ago.
very grateful as it's my first time private renting and very daunting..... will this hinder my credit rating for a future credit check?
Expert:  Ash replied 2 years ago.
No not at all. It's a civil matter and not on your credit file.
Alex
Customer: replied 2 years ago.
do i send letters recorded delievery and hand keys in in person or should i do them recorded delivery? last question thankyou
Expert:  Ash replied 2 years ago.
Yes make it recorded delivery or hand deliver it, that is fine.
I hope that is ok and good luck!
Alex
Customer: replied 2 years ago.
yes i will keep a record of this conversation to help me through this and just in case i need your help again in the future thank you
Expert:  Ash replied 2 years ago.
Yes it's always kept on your account in my questions.
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
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