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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1350
Experience:  Solicitor
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I just moved to a modern apartment building in Liverpool and

Customer Question

i just moved to a modern apartment building in Liverpool and found out that there is a leak in the middle of the living room from the roof. so when ever it rains, water start leaking to my living room. i reported this 4 weeks ago to the on-site receptionists and still nothing changed. The other problem in the building is that there is no hot water at my apartment for about 10 days! i assume they are going to fix this by tomorrow.
the thing is that i have a contract for 6 months and therefore i have to stay in this apartment for the next 4-5 months!
should i get a lawyer to take my case ? or just forget about it and be patient ?
Submitted: 20 days ago.
Category: Law
Customer: replied 20 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jamie-Law replied 20 days ago.

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

What is it you would like to know about this today please?

Customer: replied 20 days ago.
34;i just moved to a modern apartment building in Liverpool and found out that there is a leak in the middle of the living room from the roof. so when ever it rains, water start leaking to my living room. i reported this 4 weeks ago to the on-site receptionists and still nothing changed. The otherproblem in the building is that there is no hot water at my apartment for about 10 days! i assume they are going to fix this by tomorrow.
the thing is that i have a contract for 6 months and therefore i have to stay in this apartment for the next 4-5 months!should i get a lawyer to take my case ? or just forget about it and be patient ?"can i get anything from the home insurance ? if yes then how ?
Expert:  Jamie-Law replied 20 days ago.

Yes I read that thanks. What is it you would like to know? Can you move out?

Customer: replied 20 days ago.
what services u do here ?
giving me advice ?
Customer: replied 20 days ago.
i can't move out till i finish my contract in 4 months
Expert:  Jamie-Law replied 20 days ago.

Yes. This is a question and answer site, so I can tell you what to do, but I cant act for you.

Is that ok?

Customer: replied 20 days ago.
yeah thats ok just tell me if i can get anything from this and how ?
Expert:  Jamie-Law replied 20 days ago.

Yes you can get out. The Landlord and Tenant Act says they must provide hot water and heating. Therefore they are in breach and you can get out.

However this is what is called a fundamental breach of contract - to act on it you need to leave asap. This is because the longer you leave it the harder it is to claim - the Landlord may well say you accepted the breach.

Therefore you can claim fundamental breach of contract and move asap.

Can I clarify anything for you about this today please?

Customer: replied 20 days ago.
what about the leak in the roof ? the water coming from the roof destroy a sofa and therefor the landlord would take more money of the deposit which is not acceptable ?
Expert:  Jamie-Law replied 20 days ago.

indeed, you can claim for damage caused to yours. If they dont return the deposit you can take action.

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 19 days ago.
are you saying that i should just move out and then let them know that i moved and ask them to pay a refund ? or should i let them know first. because they won't let me leave I'm guessing
Expert:  Jamie-Law replied 19 days ago.

Reduction for time you have been there without water and refund of deposit.

They wont let you leave, which is why you just need to and then tell them

Does that clarify?

Customer: replied 13 days ago.
they have fixed the water heat now, what should i do ?
i really need to leave this apartment as soon as i can.remember the leak in the middle of the roof in the living room, its been a month since i reported this to the landlord and still not fixed yet.
Expert:  Jamie-Law replied 13 days ago.

Indeed. You can leave on that basis the leak has not been fixed.

Does that clarify?

Customer: replied 13 days ago.
what should i do ?
the rent needs to be given by the 1st of December, i think that i'd need to make a payment for one month and give them a notice that I'm leaving the property, is that what i should do ?if not can you please clarify to me step by step
Expert:  Jamie-Law replied 13 days ago.

you need to leave now. Don't give notice, just go. That is all you need to do.

Please don't forget to rate otherwise the site doesn't credit me for time spent.

Customer: replied 13 days ago.
how can i just go !? i can't rent another apartment if i still have contract with other landlord in here.
Expert:  Jamie-Law replied 13 days ago.

the problem is if you leave it, this is considered as agreeing to the breach. If you read what I put on 21/11 at 4.04 you will see I outlined the steps here.

I suggested then you move out asap.

Does that clarify?

Customer: replied 13 days ago.
what about the deposit ? what should i tell the new apartment's landlord?
Expert:  Jamie-Law replied 13 days ago.

you want it back. Does that clarify?

Customer: replied 13 days ago.
yeah ! and what should i tell the new landlord for the new apartment I'm moving to ?
Expert:  Jamie-Law replied 13 days ago.

tell him whatever you want, its nothing to,do with him!

Does that clarify?

Customer: replied 13 days ago.
they can't give me the apartment if i do that !
Expert:  Jamie-Law replied 13 days ago.

well I can only tell you what the law is. You either move out and claim fundamental breach, or stay and risk not being able to go because you have left it so long.

Does that clarify?

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