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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4705
Experience:  Solicitor
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Due to the bad condition of my rental premise (blockage of

Resolved Question:

Due to the bad condition of my rental premise (blockage of drainage system in kitchen causing malfunction of sink and washing machine-->finally repaired after 2 weeks;
leakage in my room and the hallway once, and constant during winter in another tenants room-->sent a contractor say they need the Council to fix it, remain disrepair now),
and the attitude of my letting agency/landloard, I wanted an early termination of the tenancy. The letting agency/landlord asks for more money for the termination and don't want to pay either the "fee" or the rent anymore. I knowing that it's very possible they're not refunding my deposit. All I want to do now is to stay in the premise as long as the amount I paid the deposit (8 weeks).
I'm not sure whether the landlord is entitled to the Housing Act Section 8 or 21.
Is it possible that I keep living in the premise for another 8 weeks without any further troubles?
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

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

When is your rent paid up to?

Customer: replied 1 month ago.
I paid 303 hoding deposit on July 22, the deposit and the rest of the first-month rent on July 25.
According to the agreement, the first month starts from July 22~ August 21.
Expert:  Jamie-Law replied 1 month ago.

Ok - so what is it you want to ask? Can you live in it for 8 weeks without a problem then move out?

Customer: replied 1 month ago.
Yep.
Expert:  Jamie-Law replied 1 month ago.

Then yes. The Landlord can NOT take any action unless you are 8 weeks in arrears.

So yes you can stay there for 8 weeks then move out.

The landlord can only issue a Section 8 notice when you are 8 weeks in arrears.

Can I clarify anything for you about this today please?

Customer: replied 1 month ago.
Clarify what?
Expert:  Jamie-Law replied 1 month ago.

Do you need me to clarify anything for you about my answer?

Customer: replied 1 month ago.
Got it. Give me 1 sec.
Expert:  Jamie-Law replied 1 month ago.

Sure.

Customer: replied 1 month ago.
Please clarify:
(1) According to [what Law/Act/Rule?]: The Landlord can NOT take any action unless you are 8 weeks in arrears.
(2) According to [what Law/Act/Rule?]: The landlord can only issue a Section 8 notice when you are 8 weeks in arrears.
(3) If my deposit is already in the Deposit Protection Scheme, should I be aware of anything?
(4) Should I review my agreement all over again in case they use the agreement to take action within 8 weeks?
Customer: replied 1 month ago.
5) Can the landlord break into my room during this 8 weeks? Which Law/Act/Rule does they break if they do so?That's all my questions.
Expert:  Jamie-Law replied 1 month ago.

1) Section 8 Housing act 1988

2) Schedule 2 Ground 8 Housing Act 1988

3) No, you dont need to worry

4) They cant take action before 8 weeks, its the law

5) No, they need a Court order. It would be Section 2Protection From Eviction Act 1977

Does that clarify?

Customer: replied 1 month ago.
The deposit turns into the 8 week rent payment. That's why the landlord cannot do anything. Can I understand it this way?
Sorry I asked another question... This is the last one.
I can tell that you're in a hurry, but please understand that I'm anxious trying to be calm.
Expert:  Jamie-Law replied 1 month ago.

No. The deposit separate. I am not in a hurry I can take as long as you need.

The law says under S.8 the Landlord cant take any action to evict unless you have not paid for 8 weeks.

Does that clarify?

Customer: replied 1 month ago.
Got it. Thanks for your patience. Humm please let me follow up on the information you provide:
According to my Agreement with the letting agency/landlord, "If you get evicted due to your breaching of contract, your deposit will be forfeited automatically. Also you will be responsible for any other legal costs involved."
If I moved out on time, do I still lose the chance to claim my deposit? Or I can claim it back after I pay the rent? (But does it make any difference?)
Customer: replied 1 month ago.
If they cannot take action during the 8 weeks, there should NOT be any legal costs involved, right?
Expert:  Jamie-Law replied 1 month ago.

Within 8 weeks correct.

No legal costs until they issue a claim

Does that clarify?

Customer: replied 1 month ago.
34; Within 8 weeks correct. " <-- Is this answering to "I cannot claim my deposit back because I have rent arrears"?
Expert:  Jamie-Law replied 1 month ago.

You wont be able to claim your deposit back because you have lived there 8 weeks rent free.

They can not take action during 8 weeks and can only charge legal costs if they issue proceedings for possession after 8 weeks.

Does that clarify?

Customer: replied 1 month ago.
34; You wont be able to claim your deposit back because you have lived there 8 weeks rent free.They can not take action during 8 weeks and can only charge legal costs if they issue proceedings for possession after 8 weeks. "
=> Could you please also advise the Law/Act/Rule reference?
Expert:  Jamie-Law replied 1 month ago.

I have already done that - Section 8 and Schedule 2 Housing Act 1988

Does that clarify?

Customer: replied 1 month ago.
Got it.
Yes, all clarify.What do I do next?
Expert:  Jamie-Law replied 1 month ago.

Just stay there for 8 weeks rent free as that is what you want to do.

Can I help with anything else today?

Customer: replied 1 month ago.
I think that's all for today. Thank you, Jamie.
Expert:  Jamie-Law replied 1 month ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

Customer: replied 1 month ago.
Doesn't 4 stars credit you?
Expert:  Jamie-Law replied 1 month ago.

Yes, but 5 stars is always better! :)

Customer: replied 1 month ago.
Haha~
By the way I cannot find any face at the bottom of the screen. Don't know if it's due to the change of your website design? Anyway, just to let you know. No need for answer.
Expert:  Jamie-Law replied 1 month ago.

Ah. There should be stars at the bottom or top, please click on those please so I am credited! Thanks indeed.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
there are stars, but no happy face. I thought you were referring to 2 different scoring system. LOL~
I'll get you credited. Don't worry.
Besides, please if you could show more empathy while typing, I believe your clients would be calmer and provide you clearer information, which would also save your time. :)
Customer: replied 1 month ago.
Still really appreciate your advice and assistance. Truly.
Expert:  Jamie-Law replied 1 month ago.

Good luck! Thanks for feedback. I am just trying to get you the legal answer as quickly as I can!