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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We entered a rental agreement in february this year

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Hi there, We entered a rental agreement in february this year
Assistant: Where are you located? It matters because laws vary by location.
Customer: We live in Chelmsford, Essex
Assistant: Has anything been filed or reported?
Customer: No not yet
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: We suspect our apartmant is an illegal build

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. Could you kindly clarify your concerns about the building? Do mention it possibly being an illegal build. Do you believe it is dangerous?
  2. Are you renting the whole building or just a room in it?
Customer: replied 12 months ago.
Hi Joshua,Thank you for your reply.1) Item a. Our living room, main door to our apartment and the bedroom has glass walls from floor to ceiling, and is facing the car park, so doesn't feel safe. We had an incident with three teens harrassing us earlier this year too. Item b. The main door to our apartment has fallen out of the frame twice and had to call a locksmith on emergency. Item c. The poo and shower drainage is going through our bedroom and the door to the drainage is in our bedroom on the floor and it smells. Today we also got flooded in our home from the shower and toilet as we are on the bottom floor and the poo toilets stuff from upstairs blocks and came up in our bathroom.2. Yes we are renting the whole apartment in a apartment block. Our entrance to our apartment is directly from the car park all the other apartment entrances are inside the block through a main doors ours is not.3. Also the landlord changed the contract a few weeks after we moved in and wanted us to sign a new agreement with a new entity but we never have so not sure if this or anything above can qualify us to be able to get out of the agreement, what do you think?Kind regards,
Patrick

Many thanks. I would be slightly suprised if the building has not received a building regulation completion certificate if it is part of a block of flats but stranger things have happened. If youhave concerns as to the safety of the building generally or if youa are just curious to confirm you can contact the local council's building department and ask them to confirm that the building received a building regulation completion certificate. They may ask you why you are enquiring and you can explain why if they do; they will be able to tell youusually straightaway if you give them the address.

However as importantly is to get the issues you refer to resolved. You should not have to pay for fixing the landlord door unless you broke it which is not the case from what you say. The first step if you havent already done it is to contact the landlord in writing (email is fine) and make a list of the issues you are unhappy with all of which are legitimate concerns and ask him to attend to them. The issue of the glass - having floor to ceiling windows is not illegal providing appropriate safety glass is used but if you do not think it is safe, the landlord will need to confirm it is.

If the landlord refuses to address your concerns you can contact the Councils housing department and ask them to carry out an HHSRS inspection which is a special inspect the council carry out to ensure that a property meets the councils standard which is set out in a detailed policy. If they find issues, they will serve the landlord with an improvement notice which gives the landlord a short time to fix them after which the council will do it and charge the landlord and apply a penalty.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 12 months ago.
Thank you Joshua, that is great. appreciate it. You never answered question 3) though, here it is: 3. Also the landlord changed the contract a few weeks after we moved in and wanted us to sign a new agreement with a new entity but we never have so not sure if this or anything above can qualify us to be able to get out of the agreement, what do you think?

Sorry I do apologise. There is no need for you to enter ito a new agreement with another party if the original person or company you agreed your tenancy with was the owner or agent for the owner of the flat. If the flat has been sold then your tenancy will be binding on any new owner just as it was on the original landlord. The only reason you may want to sign a new tenancy is if ou discover that you signed a tenancy with someone who was not the owner or authorised by the owner to rent you the property. Even then you cannot just be evicted though.

Bot***** *****ne is that you would not want to sign a new tenancy without a very good reason, such as for example the above. And you certainly under no circumstances have to sign a new tenancy.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer: replied 12 months ago.
It's the same landlord just different companies he owns. But can we get out of the agreement and stop living here legally because he wants to sign a new agreement on his other company? Does that question make sense.

His asking you to sign a new agreement does not give you a right to rescind the agreement on it own I regret. However if the council declare the property uninhaitable, for example because it is unsafe, then you would have a right to rescind (terminate) the tenancy. You can also ask the landlord to replace you as tenants if you wish to leave early.

Joshua and other Property Law Specialists are ready to help you
Customer: replied 12 months ago.
Thank you Joshua, you been really helpful. Thank you.

A pleasure. If I can be of any further assistance please do not hesitate to reply back to me.