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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son has gone to move into a property (student) and has found

Customer Question

My son has gone to move into a property (student) and has found that the bedroom he has to occupy is significantly affected by damp and is not usable. It now transpires that during the previous tenancy an improvement notice was issued (which was not disclosed) and a week ago (after my son's tenancy began, a variation and further notice was issued by Environmental Health, that the work had not been completed.
The landlord has failed to issue a Condition report and also is letting the property without a valid gas safety certificate (the last one was valid to 8 August 2015). That inspection recommended the instillation of CO sensors, which have not been installed.
Does my son have the right to seek a termination of the agreement (it is a fixed 12 month term expiring June 2016) on the grounds of a material non-disclosure and the fact that the property is uninhabitable.
The landlord has received repeated requests, by e-mail, since June, which he has ignored.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
It depends on whether you consider this to be a substantial breach. If you do consider it to be a substantial breach then he needs to move out and terminate now, as the longer it is left, the more likely it is considered that he accepts the breach.
So if it is a substantial breach he needs to move out NOW and claim breach of contract and claim back deposit etc. But this could be breach of contract by false representation - he failed to disclose material facts.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.

Thank you - that is helpful.

The Tenancy is in the name of 3 students, my son being one. It commenced on or around 12 June and there is an e-mail trail of the first tenants to arrive trying to seek a resolution of these issues from that date.

Our son moved in yesterday, having returned to the UK and moved out immediately - it is is his room that is affectd by damp and is subject to an improvement order (for damp) by the Environmental Health of the local Council. He also noticed that the Gas Safety certificate was invalid and out of date and decided not to remain in the property - so he has not sent a single night there.

The other two Tenants, whilst trying to rectify these issues, did not inform my son of any of this until yesterday when he came to take up possession and then left immediately.

Given that there are three contractual parties as tenants to the Agreement, of which he is one and they are jointly and severable liable, does this affect his rights?

In reference to a substantial breach, where or by which Act is the same governed so that I can make a clear reference to the statutory meaning of this term?

JK

Expert:  Ash replied 1 year ago.
Do you have a number which we can discuss?
Alex
Customer: replied 1 year ago.

07798 842 513

Expert:  Ash replied 1 year ago.
Calling now.
Alex
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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