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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Issue flat rental contract building site

Resolved Question:

Hello my boyfriend and I are UK doctors. I'm currently taking a year out to study a diploma at the Liverpool school of tropical medicine so we had signed a contract to rent a property for a period of 6 months. Basically we were meant to move in yesterday, however the building in which the flat is located is still a building site. There's dust everywhere- my boyfriend has asthma.There is no fire escape- well there is on the ground floor if you follow the sign but it is currently completely obstructed with building materials.There is an open lift what- well covered with a small piece of flimsy plywood and there are cables exposed in the cupboards on the hall.There's no smoke alarm as it's not fitted yet.Also the building is supposed to have communal areas/ computer areas a gym/ laundry and free wifi all included in the weekly rent of £160They have said none of the above will be available until December.Basically we do not feel the building is safe and will not be. Getting what we had signed the contract for.Is there anyway of getting out of the contract? Or to negotiate a lower rental amount?We have the contract and photos. We did not move in.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve?
Customer: replied 1 year ago.
Well we either want to know if we can get out of the contract given that we have signed it and don't feel it's ready or offering the things we signed up for or, to reduce the weekly rental amount.
Expert:  Ash replied 1 year ago.
You have two choices, either to leave or ask for a reduction, if you are going to leave then you need to say this is a significant breach of contract and if you are going to claim that then you need to leave asap because the longer you leave a significant breach the harder it is to say so.
If you want to claim a reduction then you should do this, you can get a solicitor to write and ask for a reduction or say you will go to court otherwise. You can sue for breach of contract.
You need to write and set out your losses and request a reduction and/or 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.
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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Expert:  Ash replied 1 year 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

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