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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I need advise if I could withdraw my tenancy agreement

Resolved Question:

Hello
I need advise if I could withdraw my tenancy agreement based on the below:
- never received signed copy of the agreement (landlord never has time to sign it and the letting agent is still awaiting signature - it is nearly 3 months now)
- I have reported that the flat has to under go some repairs such as boiler, broken toilet pump, mould issues (I have been told that I can do repairs myself and provide receipts but how can I do that if I have not received copy of the tenancy agreement?)
- I have informed letting agent about infestation as we have moths that are eating carpet and our clothing, he has arrange inspection with the landlord but landlord has never turn up and I end up with the letting agent asking me to wait for him to discuss issue with landlord.
I have emailed letting agent and I have visited their office and I have been on the phone with them few times. I can not withdraw my tenancy agreement as I will loose my deposit (I can give my notice after 6 month and then I will get the money back)
Please help
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
When did you sign the agreement and how long is the agreement for?
Customer: replied 1 year ago.

I have signed the agreement on the 06/06/2015 and it was for one year, I can give notice only after 6 months to get my deposit back.

Expert:  Ash replied 1 year ago.
- never received signed copy of the agreement (landlord never has time to sign it and the letting agent is still awaiting signature - it is nearly 3 months now)
That does not mean tenant agreement is invalid sadly. You accept you have signed it and you can request a copy under the Data Protection Act.
- I have reported that the flat has to under go some repairs such as boiler, broken toilet pump, mould issues (I have been told that I can do repairs myself and provide receipts but how can I do that if I have not received copy of the tenancy agreement?)
It does not make any difference, if you have received notification that you can carry out these repairs then you are able to do it and claim the money back. You do not need the physical agreement.
- I have informed letting agent about infestation as we have moths that are eating carpet and our clothing, he has arrange inspection with the landlord but landlord has never turn up and I end up with the letting agent asking me to wait for him to discuss issue with landlord.
You need to write to the agent and ask that unless the Landlord inspects and rectify the problem within 14 days otherwise you will sue for breach of contract.
Sadly you can't terminate the agreement based on this, if the property was flooded or not inhabitable then you could terminate the contract. But based on the above I am sorry to say that it would not be enough to terminate.
I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you that is all I need to know, thank you

Expert:  Ash replied 1 year ago.
I am sorry its not better news.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
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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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