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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 791
Experience:  Experienced solicitor
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my daughter rent a flat in Brighton and paid 6 months rent

Resolved Question:

my daughter rent a flat in Brighton and paid 6 months rent in advance . When I went to help to move in, I discover that the flat was decorated just for the viewing and underneath was full of mould and the water is coming through the walls. We have not signed the inventory yet. What can I do do to get out of this contract??
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this

Customer:

ok thank you

LondonlawyerJ :

Is the flat in such a poor state that it would be unhealthy to occupy it? Has your daughter got the keys yet?

Customer:

She has the keys The flat is newly decorated in a way to cover the mould which is indrneath. 10 days ago the mould was not obvious but now it comes out all over the place. the flat is underground

Customer:

???

LondonlawyerJ :

I the premises are let furnished then there is an implied term that at the time of letting they will be fit for human habitation.

Customer:

the premises is unfurnished/ The fact that we do not accept the condition of the flat as stated by the inventory company , who states the problem , is not enough to withdraw from the contract???

Customer:

my daughter suffers from asthma and she is not able to live in a flat with mould

LondonlawyerJ :

You should look at the terms of the contract for terms relating to disrepair to see what your daughter's rights under the tenancy are. The Landlords repair duties are summarised below.

Your landlord has legal repair obligations – they cannot avoid these by putting clauses in your tenancy agreement which say that you have to do major repairs.

Depending upon the type of tenancy you have, it will be your landlord who is responsible for most major repairs, for example to:



  • the structure and exterior of the building, such as the walls, roof, external doors and windows (but not necessarily the garden area)

  • some common areas, such as entrance halls and drying areas

  • sinks, baths, toilets and other sanitary fittings, including pipes and drains

  • heating and hot water

  • all gas appliances (for example, gas cooker, water heater, gas fire)

  • pipes, chimneys, flues and ventilation

  • electrical wiring and some electrical appliances


Your landlord is also legally responsible for keeping gas and electrical appliances in safe working order – your landlord must arrange an annual gas safety inspection to be carried out by a registered Gas Safe engineer on all the gas installations and appliances provided by the landlord.

It is your responsibility to check that any appliances you own are in good safe working order.

Landlords also have an obligation to ensure that your home is free from any hazards that could affect the health and safety of you and anyone else in your household.

Your landlord is also responsible for putting right any damage to internal decorations that are caused by repair problems or while repairs were being carried out.

Landlords will not be responsible for problems they don't know about.

Once told about a problem, it is the landlord's responsibility to start repairs or maintenance within a reasonable time.


LondonlawyerJ :

If the damp is caused by a structural defect then it is the landlords responsibility to fix it and compensate your daughter for the unpleasantness of the disrepair. If the damp is caused by condensation then this may not be due to defects to the structure and exterior of the property and the legal position is less clear.

Customer:

my question is not the repair // my question is IF WE CAN CANCEL THIS TENANCY AGREEMENT /IT HAS BEEN SIGNED ON THE 10TH OF SEPTEMBER / THE KEYS WERE GIVEN TO US ON THE 12TH/ AND WE HAVE VISITED THE FLAT ON THE 15TH / DISCOVERING THE PROBLEMS/ WE HAVE NOT SIGNED THE INVENTORY YET . Is there a way out ??

LondonlawyerJ :

It may be that the best thing to do if you can afford to do so is to gather evidence of the terrible state of the property (photographs, a walk through film with commentary, a report from a surveyor/environmental health officer (although there will be costs associated with this) etc and inform the landlord in writing that you either treat the contract as null and void due to the disrepair now apparent (check the tenancy agreement for express terms about the condition) and demand return of the money you have pad.

LondonlawyerJ :

If he refuses to pay then your daughter will need ot brign a claim in the small calism court fro return of rent and deposit etc while she moves in somewhere else.

Customer:

how long this will take ?? we have paid 8000 pound sterling for two children

LondonlawyerJ :

The question you need to decide is whether the property is so bad it is not possible/unsafe to occupy. IF yes then the above approach is the right one. There is no guarantee of success in court though.

LondonlawyerJ :

Another approach is to move in and your children seek repairs to be carried out and compensation while they are in occupation. This has the advantage of not putting your £8,000 at risk but has the disadvantage that your children will be living in the flat.

LondonlawyerJ :

A curt case will tke 4-6 months at least.

Customer: replied 2 years ago.

what I was saying was that in my case there is an obvious deceit . The landlord has covered the damp of the flat in order to rent it. There must be an authority which can certify this and release us from the contract

Expert:  LondonlawyerJ replied 2 years ago.
You could argue this and claim that the contract is null and void because of misrepresentations by the landlord but if he doesn't agree and hand over the money you will have to go to court to get the money back with chances of success that are hard to assess.
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 791
Experience: Experienced solicitor
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