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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Morning, I have just started renting (12 month contract with

Resolved Question:

Morning, I have just started renting (12 month contract with 6 month break clause) and less than a month into the tenancy term, I would like to move.
Even since I've been there, I've been unwell. I have to keep most of the windows open as there is an overpowering musty and stale smell that comes from the bathroom carpets. If I keep the windows closed, there is a whiff of urine around the toilet area.
As we are now in winter, keeping windows open all day long does make the place quite cold and I've since discovered, the heating doesn't work very well.
What are my options please?
Thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you have a break clause and did you inspect the property before you moved in please?
Customer:

Hi Alex

Customer:

I have a 6 month break clause and yes, I did view the property beforehand whilst the previous tenants were in place. When I moved in, it came to light that the previous tenants did have much of the bathroom "problems" covered by thier own furniture.

Customer:

I haven't been comfortable or felt safe in the place since I moved there and although it could be argued there is a settling in period, I haven't had a full nights sleep in the 3 weeks I've been there.

Alex Watts : Did the landlord lie to you about the condition of the property?
Customer:

I don't deal directly with the landlord as the property is managed by Romans. They neglected to mention the property has poor ventilation and has a history of black mold. I have since discovered the immersion heater only has 1 element that works and at one stage, it looks like there was a water leak under the sink.

Customer:

Romans may not have lied, but there were many issues they neglected to divulge.

Customer:

When I received the inventory report, it became very clear how many issues there are and were with the place. The inventory does contain photographic evidence of some of the issues i.e. state of the carpets, markings etc, but these were definitely not available to view whilst browsing the property details.

Alex Watts : So they failed to disclose material details to you, would that be right?
Customer:

that is correct

Alex Watts :

Then in that case you can break the contract if you can show the breaches are severe

Alex Watts :

You need to show that a breach of breaches go to the very heart of the contract.

Alex Watts :

If they do then you can move. But a word of warning, the longer you leave it without moving, the more it could be argued that you have accepted the breach

Alex Watts :

If you have accepted the breach then you can no longer claim it as fundamental and end the contract

Alex Watts :

So yes you can end and claim your deposit etc back, but you need to act quick

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks for the feedback

Alex Watts :

If I could ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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