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John
John, Solicitor
Category: Law
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Experience:  10 years legal experience
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I have an enquiry about my tenancy and new flat I just moved

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Hi I have an enquiry about my tenancy and new flat I just moved in. They breached several points of our leasing agreement, such as gas safety and water leaking inside. The company is not answering to my emails and my phone calls anymore. I am wondering if I could stop paying rent until they get back to me?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, I just communicated all issues to the leasing company with proof of everything states (pictures)
JA: Where is the flat located?
Customer: 52 E Ashvale Place ab10 6qb Aberdeen Scotland
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am just wondering what I could do legally to have them to do the works that need to be done. The rent is expensive and I am not getting the services needed

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Hello, sorry to hear about this.

If your landlord doesn't meet the repairing standard, despite having been told about any problems, you can complain to the First-tier Tribunal for Scotland. https://www.housingandpropertychamber.scot/repairs There are few steps you can take:

  • collect all the evidence you can that the repair needs to be done
  • send a second request saying that your next step will be to complain to the First-tier Tribunal for Scotland (Housing and Property Chamber) apply to the First-tier Tribunal
  • check if the local authority can enforce the repair - this might be possible if the repair is needed to keep the property to a tolerable standard or to meet the repairing standard
  • ask the local authority to take court action because the repair is causing a nuisance or is harmful to health
  • do the repair yourself and charge your landlord for the cost
  • withhold rent - though you have no right to do so.

I hope this helps and wish you well. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John.

Customer: replied 18 days ago.
Hi John, I am good thanks how are you? I moved into this flat on OCT 15 2020. as we just moved into the flat so many problems occurred that should have been dealt with before moving in according to the contract we signed, the flat was not clean and deffinetly not to a professional level as the agency have told us, the oven was not working, shower was faulty, hub was not even safe to use, we are just using 2 heads using the lighter to turn it on, the roof was letting water come through and the list goes on and on
we have taken pictures of everything that was wrong and sent it to them, and they have been taking long time with everything, they have replaced a few things and made some adjustments but with such a minimal effort and the people who came in made a huge mess and one of the windows doesn't even shut properly
Customer: replied 18 days ago.
I would like to know if we can withhold the rent for a month because of all the troubles they got us through\

That sounds awful, and certainly not professional. Are you able to see my response above? I will post it again for you. I hope this helps.

If your landlord doesn't meet the repairing standard, despite having been told about any problems, you can complain to the First-tier Tribunal for Scotland. https://www.housingandpropertychamber.scot/repairs There are few steps you can take:

  • collect all the evidence you can that the repair needs to be done
  • send a second request saying that your next step will be to complain to the First-tier Tribunal for Scotland (Housing and Property Chamber) apply to the First-tier Tribunal
  • check if the local authority can enforce the repair - this might be possible if the repair is needed to keep the property to a tolerable standard or to meet the repairing standard
  • ask the local authority to take court action because the repair is causing a nuisance or is harmful to health
  • do the repair yourself and charge your landlord for the cost
  • withhold rent - though you have no right to do so.

You have good grounds to withhold rent as you are not getting what you have paid for until the matter is rectified.

John and other Law Specialists are ready to help you
Customer: replied 18 days ago.
get some sort of compensation
Customer: replied 18 days ago.
the thing that I would like to do is not pay this whole month for everything they have put us through, because me and my partner had so much work to do and we are still trying to sort out the flat and it has been a month. so would it be possible if we don't pay them for this month for all the trouble without getting into any trouble

You are in a contract so it is not advisable to do that, but if you wanted to do that, you have grounds to do so. But it is advisable to follow the correct channels.

However, yes, if your landlord has failed to carry out essential repairs within a reasonable time frame you may be entitled to compensation. Claiming compensation can be a lengthy and complicated process and you will need to get a solicitor to help you.https://www.lawscot.org.uk/find-a-solicitor/

If you choose not to pay rent for the whole month, then put this in writing to the landlord first, advising him of your intentions and state clearly why. This mitigates any potential trouble you may have.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. Take care, John