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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are renting a property and the lease expires in October.

Resolved Question:

Hello. We are renting a property and the lease expires in October. We are tied into a 26 month contract with no break clause. We have had a number of maintenence issues over the time that we have lived here and very few have been sorted out or have taken months to be resolved. The property is managed by the agency who always say that they have to ask the land lords consent to fix things. We now have a mouse infestation and some serious mould in the bathroom and want to leave in a month but are being told that we will have to pay over £1000 to leave early. We have managed to make contact with the landlord who empathises and has said that they will 'do what they can to get us moved'. Its just the agency who are being difficult. I just really want to know whether we have any sort of grounds to negotiate the leaving fee (10% of each months rent plus VAT). We really don't feel like we should have to pay as the apartment is a mess and they haven't stuck to their side of the deal.
Many thanks, Charlotte
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello Charlotte my name is ***** ***** I will help you.What is it you would like to know about this today please?
Customer: replied 11 months ago.
I would like to know whether we have grounds not leave our property before the lease ends due to the details outlined above. I would also like to know whether we can contest the early leaving fee due to the fact that our agency have not fulfilled their side of the tenancy agreement.
Expert:  Ash replied 11 months ago.
Has anyone from the Council been to look at it at all?
Customer: replied 11 months ago.
It is a private rented property
Expert:  Ash replied 11 months ago.
Yes, but have they been out? It doesnt need to be Council property.
Customer: replied 11 months ago.
No. No one from the council has been to look at the property
Customer: replied 11 months ago.
The flat is managed by an estate agent who deal with maintenance issues directly and contract work out
Expert:  Ash replied 11 months ago.
What are the issues with the property please?
Customer: replied 11 months ago.
They are outlined above. Mice, mould, general disrepair, slow or no response to requests to fix problems
Expert:  Ash replied 11 months ago.
Ok, whether you can get out really depends. Ideally you want the Council to come out and say its not suitable for habitation. Otherwise you have to and can only get out if its a fundamental breach of contract. That is the contract has been breached so much that it destroys all trust and confidence between the parties.But the issue here is to claim this, it needs to be fundamental and the longer you live with the issues stated the harder it is to claim its a fundamental breach.So if you are going to claim that you need to end it and move out now. Then claim fundamental breach, but you need to act quick.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
Okay so I should get in touch with the agency and tel them that we are giving 1 months notice on the property due to a fundamental breach. I doubt that we will be able to get someone from the council to come quickly enough to see the property but would getting an independent environmental health officer to come and look at the property be a good idea?
Expert:  Ash replied 11 months ago.
Yes I would do that.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
The agency also have £1900 deposit for our property - could this action effect them giving this back to us?
Expert:  Ash replied 11 months ago.
No, if they dont you could sue for breach of contract.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 11 months ago.
Okay thanks
Expert:  Ash replied 11 months ago.
Thanks. Alex

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