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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14427
Experience:  Solicitor
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I am renting an apartment since 7 weeks and three of the

Customer Question

I am renting an apartment since 7 weeks and three of the room and hallway have developed damp patches and black mould that is fury. I have reported within 2 weeks of being in and whilst I’m told someone will come to fix it. My concern that this is not an immediate fix. What are my rights to stope the tenancy agreement - this is a health and safety issue and I’m an asthmatic too
Assistant: Where are you? It matters because laws vary by location.
Customer: uk
Assistant: What steps have you taken so far?
Customer: We have written and called the letting agency and even brought him to the apartment to view the condition. We have sent videos and photos weekly. A damp expert came to the property to assess it and confirmed it was not good and there would a lot of work to be done. The landlord is only choosing to go through the agents and won’t speak to us
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: there are also issues with the following;
Submitted: 13 days ago.
Category: Law
Expert:  Jamie-Law replied 13 days ago.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 13 days ago.

Have you reported it to the Council at all?

Customer: replied 13 days ago.
No not yet
Customer: replied 13 days ago.
I wasn’t sure if I should involve them.
Expert:  Jamie-Law replied 13 days ago.

Do you want a call?

Customer: replied 13 days ago.
I cannot speak just now
Expert:  Jamie-Law replied 13 days ago.

Ok. Report to council. They can investigate the matter and report back to you.

They have a department that deals with rogue landlords. If they said it’s not fit, then you can move out. If they don’t say it’s unfit then you can’t move out, but can sue the landlord for breach of contract.

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

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 13 days ago.
This is a private landlord agreement so doesn’t he have any responsibility for misspelling the flat?
Expert:  Jamie-Law replied 13 days ago.

Yes I realise its a Council one, but they have a department which deals with rogue Landlords.

Assuming you mean mis-selling then yes, there is a breach of contract by misrepresentation

Does that coarify?

Customer: replied 13 days ago.
No it’s not a council property that’s my point Jamie
Expert:  Jamie-Law replied 13 days ago.

Yes I realise that. I totally understand that.

That is why I have said twice the Council have a department for dealing with Landlords.

Does that clarify?

Customer: replied 13 days ago.
so I report it to the council and wait.? Should I continue to pay the rent? If I am getting a zero response then what. I want to leave this flat because it’s not healthy and was mud sold. I’m wasting funds paying for somewhere I cannot live
Expert:  Jamie-Law replied 13 days ago.

You can sue for breach of contract.

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 8 days ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars 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 as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.