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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My husband and I have paid 6 month's rental to the

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My husband and I have paid 6 month's rental to the landlord's agent up to next May under a private letting - over £7,000 plus agent's fees - deposit is protected under Government scheme.
The agent told me that all this money had to be paid in full now as our income did not meet some schedule he used to work out our income against the rent of £1,000 per month.
I was not given any opportunity to read tenancy agreement before I was obliged to sign it in the agent's office and it was then that I was given the Inventory.
My son-in-law and I have checked this very carefully against the condition of the property and there are a number of serious defects which I have drawn to the agent's attention. His initial comment was that "this was what the viewing was for". He then admitted that he had never visited the property.
According to the Inventory there are a number of items that I must attend to before I vacate but none of these items have been attended to by the landlord prior to the commencement of my tenancy and, in effect, on vacating, I would be improving the property to a higher standard than it is now for the benefit of the landlord.
We have not taken possession yet as we are awaiting delivery of our furniture and effects from overseas.
We do not want to continue with the tenancy and would like to know our rights to rescind the agreement now.
Submitted: 17 days ago.
Category: Law
Expert:  Jamie-Law replied 17 days ago.

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

What is it you want to achieve?

Customer: replied 17 days ago.
We are strongly of the opinion that in view of the condition of the property it is not worth the rental of £1,000 per month and we want to cancel the tenancy agreement now/today and receive a full refund of all rental money paid.
Expert:  Jamie-Law replied 17 days 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.

You can end the agreement if there has been a fundamental breach of contract. That is a breach which goes to the very substance of the contract. But if you are going to claim such a breach you need to end the contract and leave.

Otherwise the longer you leave it the harder it is to claim, as the Landlord could say you have accepted the breach.

Can I clarify anything for you about this today please?

Customer: replied 3 days ago.
WHY HAVE YOU TAKEN £47 TWICE FROM MY BANK ACCOUNT?????
ONCE ON THE 30TH NOVEMBER AND AGAIN ON THE 7TH DECEMBER.
I DID NOT AUTHORISE THIS SECOND PAYMENT SO KINDLY RETURN IT WITHOUT DELAY.
Expert:  Jamie-Law replied 3 days ago.

Are you happy for me to be credited for one payment?

If so please rate my answer.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1349
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 3 days ago.
KINDLY REFUND IMMEDIATELY THE SECOND PAYMENT OF £47 YOU HAVE TAKEN FROM MY BANK ACCOUNT.
I DID NOT AUTHORISE THIS SECOND PAYMENT.
I DO NOT WISH TO BE A "MEMBER" OF ANYTHING
Customer: replied 3 days ago.
JUST RETURN IMMEDIATELY THE £47 YOU HAVE STOLEN FROM MY BANK ACCOUNT
Customer: replied 3 days ago.
YOUR CONSTANT E-MAILS ARE VERY ANNOYING.
JUAT RETURN THE MONEY YOU HAVE TAKEN WITHOUT MY PERMISSION,
Customer: replied 3 days ago.
THESE CONSTANT QUESTIONS ARE GETTING EXTREMELY ANNOYING.
JUST RETURN MY MONEY AND DELETE MY DETAILS FROM YOUR RECORDS.

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