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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5383
Experience:  Solicitor
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On 03/09/16 I signed a contract to rent a property which had

Customer Question

Good morning,
On 03/09/16 I signed a contract to rent a property which had been viewed on my behalf a week prior. I received a video showing me and everything looked good. On entering the property to do the inventory I smelt damp in the living room a through further inspection I saw what I am to believe are black damp marks under the sink where a washing machine is to go, the back wall of the kitchen is also a subterranean wall. The house is 200 years old so there is no damp course. I am an asthmatic so I cannot live in a house with damp.
The landlord obviously is very unhappy, I have paid the deposit and a months rent in advance as asked, so to release me from the contract the landlord now wants me to sign the deposit over to her and charge me an extra £790 on top of what I have already paid. Which they are saying is fair to them. I think this will cover any bills, re listing the property with agents etc.
I haven't moved int the property, I verbally said on the 8th that for health reasons I cannot move in for health reasons even though I showed my concerned through texts about it. I have no idea if what the landlord is doing is correct and I should pay the extra monies or if I have any rights at all?
Would you be able to help me?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

What would you like to know about this today please?

Customer: replied 1 year ago.
No thank you, ***** ***** the response in writing as I feel I may forget some of the information
Expert:  Jamie-Law replied 1 year ago.

What is it you would like to know about your question please?

Customer: replied 1 year ago.
Hi Jaimie,
I just need to know my rights, do I need to pay this money
Expert:  Jamie-Law replied 1 year ago.

why did you not inspect the property please?

Customer: replied 1 year ago.
I couldn't make the appointment as my father had had a stroke so I couldn't get down there so my boss and his wife viewed the property on my behalf, the had said that the property had been freshly painted so there was a strong smell of paint so the smell of damp was undetected at that time.
Expert:  Jamie-Law replied 1 year ago.

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://hmctsformfinder.justice.gov.uk/courtfinder/forms/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?