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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, we have some questions regarding a tenancy agreement. The conditions inside t

Resolved Question:

Hi Alex, we have some questions regarding a tenancy agreement.
The conditions inside the flat have changed to worse after viewing the flat. The flat is at top level and roof works started after beginning of tenancy
When we checked in the conditions were different from what was in the inventory.
Living room had a damp stain on it and bathroom lights did not work. Also scaffolding was erected in front of the windows due to maintenance work on the roof.
After the first week the living room stain increased in size and a moss smell prevailed inside the flat.
At the first light rain we had, the bathroom ceiling started leaking from near the light.
We have reported all issues but did not get any resolution from them even after 3 weeks.
We would like to break the tenancy agreement as soon as possible.
We have proof of all reports and conditions inside the flat that have changed.
What would be the best way to do this?
Kind regards,
Radu
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry for the misunderstanding, I would like to continue this conversation via e-mail in order to keep the information for later.
Looking forward to your written answer.Kind regards,
Radu
Customer: replied 2 years ago.
We would like to break the tenancy agreement as soon as possible.What would be the best way to do this?
Best,
R
Expert:  Ash replied 2 years ago.
When did you find out about the problems?
Customer: replied 2 years ago.
On Saturday, 19 September. I went back to the estate company and got the keys on that date.When I noticed the changes, I phoned them and informed them of the conditions inside the flat.
Customer: replied 2 years ago.
We are currently in the fixed period of the 12month contract and can only break it if there is a breach of clause.
We want to prove that because of the change of conditions inside the flat, before checking in, and their lack of feedback there was a breach in contractual obligations.I have attached the contract and the full set of reports that we have sent them from 19 of September.Thank you for the help with this,
Looking forward to your response.Radu
Customer: replied 2 years ago.
Attached link to online versions of contract and emails sent to the estate management company.https://drive.google.com/folderview?id=0B5g-CxlJ_-cJejBUeVRNMzhKZEk&usp=sharing
Expert:  Ash replied 2 years ago.
When did you move in?
Customer: replied 2 years ago.
On the 5th of October we moved in with all our belongings.We have picked up the keys on the 19th of September and visited the first time the flat.From 19 of sept we have been reporting all incidents to them without any positive feedback.
Expert:  Ash replied 2 years ago.
Have the Council have been out to inspect please?
Customer: replied 2 years ago.
Yes, the first time on 5 of October. and they suggested to use de-humidifiers in order to sort out the damp stain caused by infiltration.After that, on the 6th of october, the ceiling bathroom light started leaking and formed a puddle on the floor.
Expert:  Ash replied 2 years ago.
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.
Hello Alex,Sorry for the delay.Is there any local authority that we can notify regarding these health hazards.We are no longer able to live in the flat due to intense mold smell, and would like that this situation to be reported as maladministration to the appropriate authorities.Looking forward to your response.Kind regards,
Radu
Expert:  Ash replied 2 years ago.
You can speak to environmental Heath at the council.
Alex
Customer: replied 2 years ago.
Thank you Alex,

Very much appreciated!
That would be all from our side.

Kind regards,
Radu