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F E Smith
F E Smith, Advocate
Category: Property Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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Im an tenant in need of some legal advise reg an early

Customer Question

Hello, Im an tenant in need of some legal advise reg an early breaking clause being promised by our real estate agency?
Assistant: Where are you located? It matters because laws vary by location.
Customer: In bermondsey SE1 4GH
Assistant: Has anything been filed or reported?
Customer: As in complaints from our side (me and my roommate)?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: We have been dealing with an leakage since september last year, taking the real-estate management team months to fix resulting in my roommate to experience nausea, headaches witch resulted in my roommate vacant her room in February this year. We have payed our full rent throughout all of this in time without any delays.
Submitted: 20 days ago.
Category: Property Law
Expert:  F E Smith replied 20 days ago.

H​ello for clarification - what was leaking?

what do you want to happen please?

Customer: replied 20 days ago.
The first pipe leakage was from the neighbours renovations from upstairs so we where not responsible for it, the second one was from the main pipes in the building once again not us being the cause of it , in 27th of february where the renovation of the last leakage still had not been carried out (after we filed an complain in beginning of january) we asked to vacant before the tenancy breaking clause (ending 09-08-20180) and was told they would be happy to find new tenants asap and put the flat out on the market, witch they did 12th of march. They carried out only one viewings the week of 12-17th of march but they seemed keen to move in before 10th of April. At this time I had assured the renovation was carried out by the property manager of the house and told the real estate agency I could vacant the flat the following week if needed, anything to speed up the process considering my roommate already had left her room in end February.
Another viewing was carried out the following week and when I called to ask how things where proceeded I was told the owner of the property had decided on the second couple who first could move in the 28th of April.
So the reason for me writing is I would like to know what responsibilities the real estate agency & the owner has for 1. not keeping their end of the deal regarding our requested move out date 10th of April, us having to pay for the gap between 10th-28th of April. 2, what responsibilities the agency & owner has for assuring the premises is fit for human habitation during the tenancy (according to the Landlord and Tenant act 1985, sec 8&10)? Considering my roommate has had physical issues caused by the leakage and has already vacated the flat?
Expert:  F E Smith replied 20 days ago.

Who’s liability this is depends on who was responsible for the leakage and the problems. If it was not of your landlords making, then your claim is against whoever was responsible for the damage and the leak. That is the person that you would pursue for whatever this has cost you which it would not have done which would appear to be the rental for the period between 10 April and 28 April.