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Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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We are renting a property currently with unprecedented level

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We are renting a property currently with unprecedented level of issues ever since we moved in as far back as 4 months ago. The agent advertised the property as "A beautifully presented mews house, moments from Northcote Road and Honeywell School. The property has been very well maintained and boasts exclusive features and a quality finish throughout." `this could not be further from the truth as we constantly have contractors in and out of the property. Some of the issues breach health and safety. e.g: 1) We flushed the toilet and the sewage water came in from under the floor board. 2) Couple of radiators are coming off the wall. 3)Joists missing in sections under the floorboards as if it will cave in. Cracked tiles on floor which can cut. The list of issues are endless. Some have been resolved but some remain outstanding. Even the microwave doesn't work. All these issues have been reported to the managing agents but while some are being fixed immediately, some are taking a long time. We have requested to end the tenancy but the landlord wants to do so only if we wait till he finds someone else and pay the rental fees he has paid the agents. We don't see why we should pay the fees or wait. We have proposed waiting 4 weeks and paying half the rental fees as we feel we have suffered enormously and have not been able to enjoy the house due to the amount of work being carried out. We have also been in contact with previous tenants who suffered similar issues and are currently in arbitration with the landlord. They have offered to help in our case as they also requested to terminate their tenancy early while they were at the property but were refused.
We have 2 children of 2 months old and 3 years at the property and recently the 3 year old stepped on an exposed carpet grip with protruding sharp points., injuring himself in the process
We are currently holding payment for the current month for the issues we have suffered and would like to end the tenancy. Do we have basis?

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

Did you inspect the property before you moved in?

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Customer: replied 1 year ago.
We did walk through the property but we did not flush the toilet or test the appliances. Some issues unfortunately cannot be realised until once one has started living there.
Customer: replied 1 year ago.
My number is *****


Customer: replied 1 year ago.
Here is an email I composed this morning which also details the issues:Hello Stuart,After much consultation and given the extent of the works to be carried out at the property as subjected, we have decided it is entirely inappropriate for us to cover any of the rental fees paid by the landlord. James Pendleton or the landlord is guilty of gross misrepresentation in its advertising of the property as "A beautifully presented mews house, moments from Northcote Road and Honeywell School. The property has been very well maintained and boasts exclusive features and a quality finish throughout."
The consumer Protection from Unfair Trading Regulations business can’t mislead or harass consumers by, for example:
including false or deceptive messages
leaving out important information
using aggressive sales techniques
We were also led to believe the interior of the house will stay white and would only undergo a touch-up to correct areas where stained, as opposed the complete repainting of the house in a different colour after we signed the agreement. We rented this house in good faith with reference to your marketing in its entirety, which as turned out to be clearly untrue, it is wholly down to you to sort out the settlement of the rental fees with the landlord. Any attempt to enforce the payment will no doubt be escalated the court. This thereby means we are withdrawing our initial offer to settle half of this fees, as within our legal rights to do so.As in the previous emails, we continue to stipulate that there will be a one month rental payment unpaid to the landlord for the large disruption caused by continuous building and repair works since the start of the tenancy and the lengthy outstanding issues he is responsible for in accordance with the tenancy agreement. This deduction will cover to the end of September. As we continue to carry out substantial building works that requires us to vacate the property, especially as we have a 2 months old baby involved, We will only make a payment of 50% of the rental amount until ALL reported issues have been fixed.These include :Health & Safety issues
1) Flexing floor (No joist below floor in sections) has been fixed and a check is carried out by a competent contractor of all floors and any issue found is rectified and certified as safe and meets regulations.
2) The carpet grip that my son stepped on and injured himself is removed or used in a proper way so that it is not exposed yet serves its purpose
3) The cracked bathroom tiles on the 1st floor are replaced with similar quality tiles. Currently the sharp edges can easily cut into the feet
4) The radiators on in the top floor bedroom and the study coming off the wall must be fitted back on the wall as to make safe
5) The sewer smell that fills the house after every use of the shower or bath MUST be eradicated. This issue was coupled by the recent event that occurred whereby sewage water seeped through the floorboards after the toilet was flushed
6) Carpets must properly fitted to the floor to prevent lifting and possible injury.Other issues
1) The Microwave electrical appliance must be replaced or fixed
2) Digital signals to TV points must be made available
3) Remedial works to make good the toilet/cloak room on ground floor must be carried out
4) Leaks from bathroom on top and first floors must be identified and issue must be fixed
5) Remedial work to make good areas affected by leaks from the bathrooms as above
6) The audio system be functional as we were told during viewingPlease note a lot of these issues were reported early on in the tenancy and some are covered in the check-in report, yet remain outstanding. The exhausted list of issues at the property is far greater than those listed above and have been dealt, hence why they are not displayed here, but implied by theShould the landlord prefer to end the tenancy agreement, we are able to do so on the condition that we obtain documented evidence that our deposit will be refunded in full. We will then be happy for the property to go back on the market and allow viewings to commence. This will automatically trigger a maximum 4 weeks period for us to vacate the property. We will also in good faith release the rental payment. This preference to terminate the agreement must be communicated in the next 24 hours, as this was offer was initially given to the landlord on Thursday 29th September.This email supersedes the previous versions where we had agreed to refund half of the landlord's fees.We are fully prepared to take our case to the courts to seek justice should it be required.Kind RegardsDaniel & Kristina
Customer: replied 1 year ago.
I have not sent this to the agent yet though

I did call but no one picked up

Customer: replied 1 year ago.
It didn't ring here. Please try again. (###) ###-####3337
Customer: replied 1 year ago.
Oh sorry, just seen missed call from private number. I'm able to speak now if you can..


Fundamental breach of contract - this is where there is a breach of such a degree it destroys all trust and confidence. Also goes to the very heart of the contract.

If the answer to this is yes, then its a fundamental breach of contract.