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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I am looking how to terminate 2 year contract with Foxtons,

Resolved Question:

Hi, I am looking how to terminate 2 year contract with Foxtons, as we want to start leaving together and looks like its impossible to finish the contract gracefully. I am checking option "property is unfit for human habitation" as many things in her flat never worked
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Contract signed with Foxtons for 2 years in March 2016.
Flat has the following issues since the begining:
drainage - the sink in the kitchen doesnt work
faulty washing machine
faulty freezer in the fridge
electric cables visible in in the bathroom
etc
Submitted: 9 months ago.
Category: Property Law
Expert:  Ash replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

Has the Council ever deemed it unfit please?
Alex

Customer: replied 9 months ago.
Hi,Before we can have a phone call, I would like to talk what can I do the details>
"I am renting a flat 605 Chelsea Cloisters since march 29.[..]
There is some faults in the flat that have to be fixed. It's not urgent though.- Washing machine is not working properly.- Fridge have broken and missing shelves (I can not keep ice inside - cant close the freezer).- Sink tap is unstable.- Theres no handle to open oven.- handles around bathroom sink are broken.- I can only use a shower cause I cannot switch it to make water go from tap: the knob is missing (sorry I dont know how to explain it properly in English ;))- broken toilet seat. [..]
Expert:  Ash replied 9 months ago.

Have you complained to the Council at all?

Customer: replied 9 months ago.
We have not, as this is 605 Chelsea Cloisters, which is half hotel, a private property. However Joanna pays Council tax, does it mean she can complain? We would like to get rid of this rent within 2 months, so we can live together.
Joanna has sent email stating failures witch pictures on 4th of April to Foxtons and they still haven't been removed.
Expert:  Ash replied 9 months ago.

So these issues have been going on for some time?

Customer: replied 9 months ago.
since the beginning, some contractors came to fix some things, but everything listed above is still broken, plus cables from bathroom electric dryer are visible as plastic cover is half broken
Expert:  Ash replied 9 months ago.

Ok - in that case I dont you think you can get out using that clause.

This generally means that the property cant be lived in. For that you would need to have the Council declare it as unfit.

Bearing in mind the faults you have outlined, this is not, sadly in my view, enough for it to be unfit.

Further one may view as the faults have been outstanding for some time that you have 'accepted them'.

Therefore at the very most I think you have a case for breach of contract because of the faults.

You can sue for some loss and damage but that wont be enough to end and void the contract.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
Hi Alex, thank you. I was expecting some kind of this answer.
How sure is the case of "breach of contract because of the faults" and how much it would cost?
Does it include just a paper correspondence or it is necessary to go to the court? As Foxtons probably would do?Is there any other way to terminate the rent in peaceful way with the agency?
Expert:  Ash replied 9 months ago.

Breach of contract you would only get compensation, a nominal amount.

Sadly the only other way is if you give it up and they get someone else.

You would only be liable for the empty period.

Can I clarify anything else?
Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you Alex
Expert:  Ash replied 9 months ago.

All the very best. Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions