How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

Dear Sir/Madam, I am writing to you hoping to get some help

Customer Question

Dear Sir/Madam,
I am writing to you hoping to get some help for a friend of mine.
She has rented a room within a shared house 2 weeks ago, signed a Licence Agreement for a minimum period of 3 months, paid cash in advance a deposit and one month rent. I need to specify that the property is rat infested, aspect that was withheld from her initially. She now feels trapped in this horrible situation, as she has presented the Landlord with the current situation and unfortunately there is no co-operation at all. She has requested her one month rent back and she has found another place to move into, only she cannot leave as yet, due to her funds being held by the Landlord unfortunately.
I am obviously thinking this situation has to have some kind of solution, as nobody should be forced to live in a insalubre house, with no basic facilities like being able to cook due to rat's feces everywhere in the drawers, no shower either (the shower was not in working order when she moved in, but she has been asured that it'll be fixed ASAP).
My questions to yourselves is: are there any general provision that one might take into account when discovering that the Landlord is breaching the contractual agreement? Is there such an aspect of a "cooling period" that my be considered against any Licence Agreement for rental purposes? What are my friend's chances to obtain her money back and be able to move safely into the new property? She is also quite apprehensive about confronting the Landlord, as she has reported that he seems quite aggressive and angry when a complaint is being passed onto him.
Thank you for your time.

Regards,
Bella
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What did the environmental health Department at the local authority have to say about the rat infestation?
Customer: replied 3 years ago.

They have told the Landlord about the situation and he seems to be rather complacent about the situation. He is always sending his relatives to sort out any unhappy tenants. No one has been involved in this situation, apart from the local Council and the CAB.

 

If needed, with my friend's permission of course, I can provide you with a copy of the Licence Agreement itself, just so that someone could have a proper look at it and advise further. The property is an ex council one, if this helps.

Expert:  Remus2004 replied 3 years ago.
This is an issue for the Environmental Health Department at the local authority. It is not a matter for the housing department.

The Environmental Health Department will come out and look at the property and decide whether it is fit for habitation or not.

They will either tell the landlord to get the infestation sorted, usually by the end of the week or tell the landlord to stop letting it out until the problem is sorted.

If she simply moves out the landlord will keep the deposit and she will then have to Sue the landlord to get the deposit back, through the Small Claims Court.

She will also have a claim to bring for landlord's breach of repairing covenant so this could become quite protracted and certainly would not resolve within a few months.

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Jo,


and thank you for your time in this matter.


I have received your answer and will communicate it to my friend as per your reply.


Kind regards,


Bella


 

Expert:  Remus2004 replied 3 years ago.
No problem.

All the best.

Related Property Law Questions