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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Hope someone can advise me on the following. My tenancy

Resolved Question:

Hope someone can advise me on the following. My tenancy started today, through Foxtons. This is quite an expensive 1 bed flat. My AST requirements where a touch up of wall paint and professional cleaning. When I collected the key, the apartment was very dirty and no paint work had been done. Paint was coming off the ceiling in a few places. The shower in the bathroom was much worse than I remembered it. A very strong smell of mildew in the bathroom.
I returned to the estate agent and told them I wouldn't move in in this state. They bullied me into moving in with threads of losing the 4000 GBP I had already paid. They'll send in a cleaner within 24 hours and will do some work on the paint. No promises on the mildew yet.
What would be the best course of action for me to take? I am not happy at all and can hardly use the bathroom because it is a health hazard in my opinion.
I do want the situation to be resolved in some way and I wished I hadn't moved in.
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you.

Was there a check in where the condition was noted please?

Customer: replied 10 months ago.
No, I received a key in their office. I returned immediately and told them I wouldn't accept in this state. They confirmed that nothing had been done to attempt to meet my requirements for moving in.
Customer: replied 10 months ago.
I will contact the environmental health officer in the council this morning, because I believe the bathroom is a health risk with this amount of mildew and mould.
Expert:  Jamie-Law replied 10 months ago.

OK. This is what you can do. Take photos as to the condition and either leave it in that condition or tell Foxtons you are getting it cleaned and expect the Landlord to pay. If they refuse then you can get the work done, then issue proceedings. But you can NOT withhold it from rent.

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/n1-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 10 months ago.
This is good advice, thank you. But I'm still stuck with an unusable bathroom, which needs resealing and grouting. Surely I can't have those jobs done?
Expert:  Jamie-Law replied 10 months ago.

You can ask the Landlord to have it done (or Foxtons). If they refuse then yes you can - but make sure you have plenty of evidence, photos videos etc.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 10 months ago.
What is a reasonable time for them to fix any issues? It now appears that the washingmachine/dryer is broken as well. Can I expect a resolution within a week or a month? Given that a paint touch up was a requirement for accepting the tenency, there must be more urgency. Any of these issues a group d to break the tenancy agreement?