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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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My wife and I moved into a 2-bedroom rental property

Resolved Question:

Hello,
My wife and I moved into a 2-bedroom rental property yesterday, contract signed a couple of weeks ago. There were renovations going on when we did the viewing and were reassured of a habitable property and working shower in main bathroom before we moved in, which we took the agent's word for.
Unfortunately, the property is still in very poor condition and there are numerous issues still needing work such as shower not working, windows jammed open, doors jamming, and general uncleanliness, damaged freezer. Also we recently found out we were not supplied with a gas safety certificate on signing, or on move in.
My wife is pregnant and we dont want to deal with the stress of relying on the landlord to make these repairs, some of which may require substantial work (shower plumbing) and will likely be refused.
We are considering breaking our contract and moving out as soon as possible, but want to understand our rights and commitments. We have paid the first month's rent, 6 weeks deposit, and agent's fee.
Thank you
Submitted: 1 month ago.
Category: Property Law
Expert:  Jamie-Law replied 1 month ago.

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

Is anything in writing about what the condition would be like when you were due to move in?

Customer: replied 1 month ago.
No just conversations between myself and the agent and emails with a few lists of things i wanted to be done, which she agreed to. However we have discovered many other issues after moving in yestetday, and many of these things would have not been obvious from a property viewing.
Expert:  Jamie-Law replied 1 month ago.

If you are going to move out you need to do it now. The longer you leave it, the harder it is to claim fundamental breach of contract.

You need to write and set out your losses and request a refund within 14 days or say 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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 month ago.
Thank you that is very helpful. Assuming we move out immediately, Is there any situation in which they could still claim the full contract's rent from us? Or would the deposit be the maximum they could take?
Customer: replied 1 month ago.
Our agent has told us that we would have to pay the relisting fee, and pay rent until the land lord can re let the property.
Expert:  Jamie-Law replied 1 month ago.

no. Fundamental breach means instant move out and claim against them.

Does that clairfy?

Customer: replied 1 month ago.
Thanks, ***** ***** had to delay an instant move out for a few days (as we currently have nowhere else to go), does that affect our ability to claim fundamental breach?
Expert:  Jamie-Law replied 1 month ago.

few days yes, but not weeks.

Does that clairfy?

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