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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mother viewed a property she wished to rent but

Resolved Question:

Hello.
My mother viewed a property she wished to rent but noticed a mould and damp problem. she was assured that this would be resolved before she moved into the property. for that past 6 weeks of her tenancy we have been back and forward with the letting agent and so far the problem has not been resolved. they have sent out multiple non skilled labourers to look at the problem who have simply left saying they would report what they had seen to the letting agent. Finally after our first 5 weeks of being here the owner of the letting agency came out to look at the problem and agreed that it needed to be resolved so he would get a roofer out to look at the problem. the roofer has been and after opening a hole in the roof where 1 of the 2 mould problems exist has decided that the water there is due to a structural fault with the property and is probably coming from the house next door. we can not gain access to this property as they are vacant and owned by an unknown letting agent. My mother and i have started to have health issues over the last week and i have woken up most mornings with sore eyes, trouble breathing and headaches. i feel certain this is due to the mould in my bedroom. I have rang the letting agents this morning to make a final complaint as i feel they are not taking this whole problem seriously enough. Would like to know what actions i can now take as we cannot afford to move anywhere else and are locked into a 6 month letting agreement. We have considered withholding rent to force the letting agent to take action but feel this may cause other problems later on. Is the landlord in breach of contract? do we have a right to take legal action to recover our deposit and at least some of the rent we have paid for what i feel is an unsuitable property to be let in the first place.
Any help would be much appreciated.
Many Thanks
Michael
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 1 year ago.
I would like to know what course of action I can take to get my mother and I out of this property and recover our deposit and costs for having to move.
We are only 6 weeks into a 6 month tenancy agreement but we cannot wait for the letting agent to resolve this problem at this rate because it is having an affect on our health.
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
How is it possible to leave the property without breaching the 6 month tenancy agreement though? Or would the letting agent be deemed as being in breach of agreement due to the mound land damp problem having existed prior to our moving in. (The mould is documented on the tenancy agreement)
Expert:  Ash replied 1 year ago.
Because this is called a fundamental breach of contract, if the Landlord is in breach and it destroys all trust then it can be left.
Does that help?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help.

Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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