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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 215
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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We rented a property from Saturday which turned out to be

Resolved Question:

We rented a property from Saturday which turned out to be uninhabitable.
It was dangerous and filthy despite assurances from the agent a deep clean would be carried out it had not been.
I could not stomach the overpowering smell of dog in the lounge. Also a wasp infestation outside the front bedrooms.
We have had to leave.
We had paid 6 months rent in advance which the landlord had agree to return and cancel the tenancy agreement.
Late yesterday we were advised that we will charged a daily rental rate until we hand the keys back.
I am in pieces over all this and cannot function for crying.
We have not even slept in the property yet as it is so filthy and fear our belongings will all be flea infested.
We now need to make arrangements to rent another property
We will need a further van and to arrange storage for everything as this has made us homeless.
We are staying with a relative fur a few days.
How do we stand on all this additional expense.
Could we ask for compensation for this distress and cost.
To be honest I'm so depressed a Feel I cannot think straight at present.
Thank you in advance for any advice you can offer
***** *****
Submitted: 2 months ago.
Category: Law
Expert:  propertylawyer replied 2 months ago.

Hi and thanks for your question.

Do you have all of the 6 months' rent and deposit back?

Or has the landlord/agent made a deduction from what it returned?

Customer: replied 2 months ago.
The agent advised the landlord was returning the full 6 months rent back to her. We have not had it yet.
We have since received an email to say they wang to charge us a daily rate until we return the keys but we are unable to reduce at the property as it is filthy with dig/cat hairs and possibly fleas. We have not resided in it.
We are attempting to transfer our belongings to a store today.
Customer: replied 2 months ago.
Unable to reside in it.
We have stayed in a hotel & ate now with relatives
This has made us homeless
Expert:  propertylawyer replied 2 months ago.

Hand the keys back asap and get a receipt from the agent. You could try saying that you have not resided in the property and you immediately notified them about this. The state of cleanliness and condition made it uninhabitable and the initial agreement to fund rent is an implied admission by the landlord of its uninhabitable condition. State that you have incurred additional costs and if the landlord/agent makes any deductions from rent/deposit you will seek to recover those via the small claims court and you will also claim for you additional incurred expenses, additional removal and hotel costs.

Do you have any email correspondence confirming that the landlord will/ has agreed to terminate the tenancy?

Although, there is a lack of provisions and rules on cleanliness of a property. If you do manage to get out of this tenancy just losing a few days rent you have done well. The landlord does not have to agree to terminate and you could have been held to the tenancy for the term.

Do you have any questions or queries in relation to my reply.

I am happy to assist further.

Please can I kindly request that you accept /positive rate my reply otherwise the website will not pay me for assisting you. Many thanks.

Customer: replied 2 months ago.
we have emails confirming he would end the tenancy agreement and refund our full payment.
Yes we have recruited for hotels and of course will keep receipts for further removal and storage costs.
Surely a landlord is responsible for a tenants safety
We got electric shocks from the plug points and the plaster fell out around God light switch on the stairs.
The brickwork round a retaining wall was all loose outside along with a slab used as a step
Many thanks
Customer: replied 2 months ago.
We notified them by ringing as soon as we arrived at the property after collecting the keys on Saturday.
They did not attend to inspect with us
Expert:  propertylawyer replied 2 months ago.

The landlord is absolutely under a duty to ensure safety. The new points raised were not mentioned in your original post.

I think you should insist on refund in full agreed in email correspondence, if not then go on to say what I said above about going to court if deductions are made.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 215
Experience: Property Solicitor with expertise in commercial and residential property transactions.
propertylawyer and other Law Specialists are ready to help you
Customer: replied 2 months ago.
We have cleared the property and handed over the keys.
Our full 6 months rental paid in advance had been returned.
We are still awaiting the return of the deposit from the DPS.
We have incurred further van rental charges along with an additional months storage facility costs.
I have been signed off work sick due to this and will only receive Statutory sickness pay.
Should we claim for loss of earnings as well?
Many thanks & kind regards
Expert:  propertylawyer replied 2 months ago.


Firstly, the landlord must return the deposit within 10 days of the end of the tenancy.

Judging by the timings of all of this it may be the case that the deposit was not registered with a tenancy deposit scheme. It must be registered within 30 days. If it is registered it will remain protected if there are any disputes.

If 10 days expire then you can threaten small claims proceedings to recover the deposit in full and also that you will claim for recovery of additional out of pocket expenses and court fees.

Let's say that you get the deposit back in full, you will have to consider if you wish to bring an action for your additional expenses and loss of income. Whilst you can use this as a veiled threat to 'negotiate' the return of the deposit in full from the landlord you must seriously consider whether or not you will actually do so. All of you expenses and loss of earnings are incidental and the court will assess the grounds and reasonableness of your claim, the chain of events and remoteness of loss. It is difficult to say with certainty what a judge will decide when faced with the facts and evidence. You may be successful in full or just in part of your claim. It may even be dismissed. You have to pay a court fee to commence proceedings. Whilst this fee is potentially recoverable if you 'win' it is not recoverable if you 'lose'. Also, if you are unsuccessful the court may award costs against you, this is significant if the landlord hires a solicitor, you will end up paying the fees. You also have your own fees to pay unless you do this alone.

Whilst you have a potential claim, on the face of it, no guarantees of success can be given in respect of court action. You can end up out of pocket.

Customer: replied 2 months ago.
Thanks very much for all the advice
Kind regards

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