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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 16654
Experience:  Senior Associate Solicitor
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My daughter paid 6 months rent up front, signed the contract

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My daughter paid 6 months rent up front, signed the contract and the house was dirty (despite) a ‘deep clean’, the boiler not working so no heat or hot water. The agent is refusing to respond to her calls. Can she withdraw and get her money back?
JA: Where is she? It matters because laws vary by location.
Customer: Salford, Greater Manchester
JA: What steps has she taken so far?
Customer: She phoned and emailed with pictures of the dirty house, reported the boiler, complained that the inventory was inaccurate but the ‘portal’ to report kept crashing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The agent said they would get the cleaner back on Thursday - she should have moved in on Monday. They also said an engineer would contact her but that hasn’t happened.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Sorry to hear of the issue.

The lack of a boiler is a serious breach of the landlord and tenant law - landlords must provide heating and hot running water to the property.

It is classed as an emergency and therefore needs to be fixed within 24 hours. They also have to ensure the property is in good repair under Section 11 to 16 of the Landlord and Tenant Act 1985.

Further, a recent law came in to force to provide more protection to tenants, which is the Homes (Fitness for Human Habitation) Act 2018 is now in force - the house or flat needs to be healthy, safe and fit for human habitation (free from things that could cause serious harm). So lack of heating would put the landlord in breach of this law. The local council's housing department could be contacted if the landlord and agency fail to repair.

If they do not, they face prosecution by the local council and can be fined. It would also be a breach of contract on their part. The only situations where a tenancy can be ended are, you finish the tenancy term or there is a break clause meaning you can end the tenancy part way through. Or the landlord agrees to you leaving early - usually if another tenant can be found.

You could terminate but you would need evidence of repeated requests to the landlord to fix and they do nothing. If you terminate then they could sue and you may have to defend the claim in a civil court.

You may want to ask a no win no fee lawyer to help - they will not charge you up front and if any damages are recovered, they would take a set percentage.

If you have to sue the landlord, you may want to use a no win no fee lawyer - there is nothing to pay up front and you are also protected from legal costs if you lose.

Here are a few choices for you if you would like to use a lawyer :

1. Knights Law, tel: 01204 655614, email:***@******.***

2. Stephensons Solicitors, tel: 0161(###) ###-####

3. Duncan Lewis, tel: 0333(###) ###-####


If she does want to leave, the lawyer could help with this and help her recover her money back too.

I hope this helps

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim



Customer: replied 9 days ago.
Thank you. I will pass that on to her.

My pleasure, thanks

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