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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Signed tenancy agreement yesterday and got keys. Discovered

Resolved Question:

Signed tenancy agreement yesterday and got keys. Discovered that door lock on patio sliding doors is absent and they have installed a simple bolt lock. Agent informed me the lock would be fitted this morning but has not been done, also on opening the doors have found the actual door to be in need of repair. Reported to agent first thing this morning. There are also numerous other issues, the flat is dirty, the oven needs repair and a cupboard full of previous tenants towels, sheets and clothing including underwear!!! The main concern is the lock as cannot get home insurance without a secure lock, it's a ground floor flat. Do I have grounds for breach of contract and can I get cancellation of the tenancy agreement and full refund of fees? Also no inventory has been done yet! Any advice much appreciated, very stressed out! Thank you.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 11 months ago.
Alex, the question was in my original message. Do I have grounds for breach of contract and cancellation of the tenancy agreement based on the information provided? What I want to achieve is not paying £900 per month for a flat with no secure external lock plus numerous other issues!!
Expert:  Ash replied 11 months ago.
You have grounds if you have been lied to or the breach is significant and what is called a fundamental breach of contract. That is the breach goes to the very heart of the contract.So if it does or you have been lied to then yes you can leave. Otherwise you can get a cost of getting the work done, say to the agents that the work gets done or you will and seek the cost back. If you do seek the cost back then you have a claim for breach of contract.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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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?Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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