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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9436
Experience:  I have been practising for 30 years.
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Literally just got the keys today for a property I am

Customer Question

Literally just got the keys today for a property I am renting, when I viewed the flat there was no rat poo or signs of infestation of cockroaches, so we signed the tendency agreement on Thursday morning, we got the keys today and have walked into a cockroach covered flat! I mean everything is covered in the kitchen... What can I do? I haven't got given the copy of the contract , can we get our money back?
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Have you pointed out the infestationto the landlord or the agent and told them that the property is not fit for habitation? What was the result?

Customer: replied 11 months ago.
Partner is going to see the landlord today but landlord has said he's getting extermination done Tuesday but has to start paying rent as of Monday , please note the flat is crawling and there seems to be an on going problem as been told by other tenants and also been told that the landlord says he will get stuff done but never does it, even with the extermination regardless we will need the kitchen ripped out as they are behind all the cupboards and the bathroom is full of damp, we were not disclosed with issues regarding cockroaches etc and were not really let to go and view kitchen much by the care taker.
Expert:  F E Smith replied 11 months ago.

He should have the extermination done before you moved in.

Like you, I wouldn’t have any confidence that he does do it.

I suggest that you tell him that you have no intention of moving in until such time as there is an independent report that the infestation has gone.

If the landlord insists that you move in, tell him that you would have no alternative but to refer the matter, immediately, to the Environmental Health Department at the local authority to have the building deemed as to be not fit for habitation.

If the landlord decides that he wants to hold you to the contracts and claim the rent from you, you will have to do defend his action on the basis of the property being not fit for habitation.

If he has any sense, he will not want the Environmental Health Department of the local authority on his back because they have the power to stop him letting this property out until all these problems are sorted.

Can I clarify anything for you?

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We can still exchange emails.

Best wishes.

FES