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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am looking how to terminate 2 year contract with Foxtons,

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Hi, I am looking how to terminate 2 year contract with Foxtons, as we want to start leaving together and looks like its impossible to finish the contract gracefully. I am checking option "property is unfit for human habitation" as many things in her flat never worked
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Contract signed with Foxtons for 2 years in March 2016.
Flat has the following issues since the begining:
drainage - the sink in the kitchen doesnt work
faulty washing machine
faulty freezer in the fridge
electric cables visible in in the bathroom

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

Has the Council ever deemed it unfit please?

Customer: replied 1 year ago.
Hi,Before we can have a phone call, I would like to talk what can I do the details>
"I am renting a flat 605 Chelsea Cloisters since march 29.[..]
There is some faults in the flat that have to be fixed. It's not urgent though.- Washing machine is not working properly.- Fridge have broken and missing shelves (I can not keep ice inside - cant close the freezer).- Sink tap is unstable.- Theres no handle to open oven.- handles around bathroom sink are broken.- I can only use a shower cause I cannot switch it to make water go from tap: the knob is missing (sorry I dont know how to explain it properly in English ;))- broken toilet seat. [..]

Have you complained to the Council at all?

Customer: replied 1 year ago.
We have not, as this is 605 Chelsea Cloisters, which is half hotel, a private property. However Joanna pays Council tax, does it mean she can complain? We would like to get rid of this rent within 2 months, so we can live together.
Joanna has sent email stating failures witch pictures on 4th of April to Foxtons and they still haven't been removed.

So these issues have been going on for some time?

Customer: replied 1 year ago.
since the beginning, some contractors came to fix some things, but everything listed above is still broken, plus cables from bathroom electric dryer are visible as plastic cover is half broken

Ok - in that case I dont you think you can get out using that clause.

This generally means that the property cant be lived in. For that you would need to have the Council declare it as unfit.

Bearing in mind the faults you have outlined, this is not, sadly in my view, enough for it to be unfit.

Further one may view as the faults have been outstanding for some time that you have 'accepted them'.

Therefore at the very most I think you have a case for breach of contract because of the faults.

You can sue for some loss and damage but that wont be enough to end and void the contract.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Hi Alex, thank you. I was expecting some kind of this answer.
How sure is the case of "breach of contract because of the faults" and how much it would cost?
Does it include just a paper correspondence or it is necessary to go to the court? As Foxtons probably would do?Is there any other way to terminate the rent in peaceful way with the agency?

Breach of contract you would only get compensation, a nominal amount.

Sadly the only other way is if you give it up and they get someone else.

You would only be liable for the empty period.

Can I clarify anything else?

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Alex

All the very best. Alex