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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7473
Experience:  UK solicitor holding an England and Wales practising Certificate.
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If my landlord (private through letting agents) does not do

Customer Question

If my landlord (private through letting agents) does not do repairs including black mould on walls am I still liable to pay the rest of my rental contract (until November) if I want to move to another property?
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

If there is damp then this is a repair issue.. You have a right to a property in repair and can enforce this against the landlord, but you must ask them to make the repair first.

I would also contact the local authority to get their environmental department to make an inspection and issue an enforcement notice, giving you a copy as evidence.

It is generally not advisable to withhold rent in respect of disrepair because you can entitle the landlord to issue an eviction notice for two months rent arrears. However, though I would not advise it there is guidance on withholding rent here:-
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/tenants_doing_repairs

You should formally write to the the landlord (copying in the agent) specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.


If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/. Write to them first asking for the money and stating that you will issue a claim if it is not received.

Its pretty cheap and straightforward to use.

Open a file, send letters by registered post, keep copies of everything for use in any claim you may choose to issue at a later date.

You can only terminate a tenancy on repair grounds if the property is unfit for human habitation (which would entitle you to terminate as it would be what is called a repudiatory breach of contract). If the damp makes the whole of the property unfit to live in, and the landlord does not repair it after the above request, and you are confident that you can prove this then you may consider terminating on this ground.

I am sorry that I could not have better news for you, but they UKBA need an application to be submitted in order to grant leave to remain.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Hi,

Please ignore the sentence beginning "I am sorry that I could not have better news for you..."

This was a sentence from an earlier answer remaining in my answer template!

Sorry for that.

Tom

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