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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4502
Experience:  LLB (Hons)
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I need to ask a question about unwinding a Tenancy

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Hello, I need to ask a question about unwinding a Tenancy Agreement
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
JA: Where is the property located?
Customer: In London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Customer: replied 11 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 11 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Can you provide a bit more detail about what it is you are trying to do, and provide the start date of the tenancy, and the term.

If you wish me to review the actual tenancy agreement, please let me know and I will provide you with a premium service offer.

The following is useful info to assist you with the site:

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Customer: replied 11 days ago.
Thank you for responding, to give you more information. I entered into an Assured Shorthold Tenancy Agreement on the 7th May 2021, I couldn't move into the property straight away because it was in such bad condition, I had to stay with my sister while I cleaned it and put down new carpets and flooring in the kitchen as the Landlord was refusing to do it. I eventually moved in a week and a half after the tenancy started. I was in the property for less than a week before I started hearing scratching in the walls. Also there was a persistent smell in the kitchen from day 1. I spoke to the Agency about this and they told me to just report it to their repair company, I did this but realised it could be up to 30 days before they responded, so I sent them another email stating that the timeframe of dealing with the issue was unfair as these were obviously issues present before I moved in and I wasn't sleeping. They sent pest control - the pest control company investigated and found that there is a live rat infestation in the loft, kitchen and drains of the property. I immediately left the property as I have a 4 year old and pest control confirmed it was unsafe. I have requested that the Landlord release me from the Tenancy but I haven't had an answer. As the Tenancy wasn't yet active for 30 days, I also informed them of my intention to unwind the property on Friday 4th June . Rent was due on Monday 7th June and I paid it because I'm still waiting on the Landlords decision as to whether she will release me form the Tenancy. I'm not sure how to go about unwinding this Tenancy though? whether I should still be paying rent? what my next steps are?
Customer: replied 11 days ago.
Pest Control confirmed that the infestations are not a new issue and there is much evidence of it being a longstanding, historic problem. The pest control man put this in his report.
Customer: replied 11 days ago.
When I viewed the property, the smell wasn't detectable as the letting agent had opened all the doors and windows and the property was completely aired out
Customer: replied 11 days ago.
The Agency is saying that they did not know about the problem but the property was empty for a few months before I moved in and they told me in previous conversations that they had recently had the whole house rewired
Customer: replied 11 days ago.
There was also a dropping in the kitchen cupboard that I found when I was cleaning the property and it looked bigger than a mouse's dropping, I asked about pests in an email but they didn't respond to me
Customer: replied 11 days ago.
My neighbour told me that many different people entered the property, electricians, cleaners etc .. I believe they knew about the infestation and rented the property to me in that condition. The pest control man said there's lots of evidence of previous pest control companies having left poison and other things to try and resolve the problem
Customer: replied 11 days ago.
The property is in Catford, London and I've had to stay with my sister in Kingston, which is an hour and a half away from my son's school , so driving him back and forth every day is difficult to the point where I've spoken to the headmaster about probably having to move him to a school up here
Customer: replied 11 days ago.
I need to have my money refunded so I can find alternative accommodation
Customer: replied 11 days ago.
Thank you
Customer: replied 11 days ago.
The term of the Tenancy is 12 Months

The right to unwind, as you are aware, means that you can terminate the tenancy agreement within 90 days if your landlord made false statements, omissions or carried out a misleading action - the right is automatic if you request it within 30 days and you can get your full rent for that month refunded. You will need to make a court claim if the landlord doesn't agree - you will need a declaration from the court that the contract is unwound - and you can seek compensation or a refund of the rent too.

You issue the claim to the local county court on form N1. The court will assess the claim and any defence the landlord puts forward and will make a decision. You should not move out without having made the court claim - this is because if the court decides that the contract cannot be unwound, you will be liable for the rent for the contract term.

Of course, if the landlord agrees you can move out and unwind, without the court process, you can of course move out and the landlord should issue you with a refund.

The law is the Consumer Protection from Unfair Trading Regulations 2008.

You can find form N1 here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958344/n1-eng.pdf

And notes on how to complete the form here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952020/n1a-eng.pdf

Customer: replied 11 days ago.
Thank you, ***** ***** informed them of my intention to unwind within 30 days.... but then paid the rent for the 2nd month after that, will I be entitled to the rent payment for the 2nd month back as well? I paid the rent for the 2nd month because I was waiting for the Landlord's decision as to whether I could just be released, so I didn't want to dishonour the contract.

You should be entitled to all of it back. If I were you I would pester them for a response. Put it in writing.

If no response within say 7days, apply to court.

SASH_Law and other Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you so much, this is very helpful

You're very welcome.

I hope you get it all sorted without having to go to court.