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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are coming to the end of a very unpleasant 6 month short

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We are coming to the end of a very unpleasant 6 month short assured tenancy - where for the best part of these 6 months we have had no hot water in our bathroom and a roof that leaks in multiple places along the length of the house. We have contacted PRHP but at this point we just want to leave the property. We contacted the agent who wants to hold us to the two months notice written in to the tenancy - even though the landlord has not upheld any of his responsibilty for repairs - and now when he is being forced to do so, he has not given us any notice of builders/plumbers/etc coming in to the house and they just turn up unannounced. Again, in breach of our rights as renters. Given these breaches, do we legally need to adhere to the two month notice clause in our lease?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Does the tenancy say 2 months? Has the deposit been protected please?Alex
Customer: replied 1 year ago.
Yes it says 2 months. But is this agreement valid if the landlord has not adhered to his side of the deal?Yes the deposit is protected.
Expert:  Ash replied 1 year ago.
Ok - well in that case if the Landlord has breached you could end it. You risk losing your deposit but you could sue for that and breach of contract.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?Alex
Customer: 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."who are you suggesting i write to please?
Expert:  Ash replied 1 year ago.
Landlord. It is his/her responsibility
Expert:  Ash replied 1 year ago.
Can I clarify anything else?Alex
Customer: replied 1 year ago.
yes - the original question about having to give two months notice is the real issue here. i need to know if thats something we as renters can negate, given the landlord has not repaired our hot water or leaking roof for 6 months.
Expert:  Ash replied 1 year ago.
If its a fundamental breach of contract by the Landlord, then yes you can leave early. This is under contract common law.
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
Who decides if this is a fundamental breach? Obviously I would say yes - and the landlord will say no....
Expert:  Ash replied 1 year ago.
A Judge would if it went that far. It would be a small claim anyway.I appreciate from both points of view its subjective.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
so i need to go to court to get out of giving two months notice - then go to court to get my deposit back?
Expert:  Ash replied 1 year ago.
No. You give 1 month you move out.Then if the Landlord wants the last months rent he needs to pursue you in Court. Or you can go to Court to get your deposit back.
Expert:  Ash replied 1 year ago.
Does that clear things up for you?Alex
Customer: replied 1 year ago.
ok got it. thanks.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.
Expert:  Ash replied 1 year ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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