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Joy Nicholas
Joy Nicholas, Lawyer
Category: Property Law
Satisfied Customers: 666
Experience:  Lawyer
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I need some legal advice how can i exit my rental contract,

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hello, i need some legal advice how can i exit my rental contract
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: i haven
JA: Where is the property located?
Customer: it's located in SW113BF, Battersea
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i just moved into the falt
Hi, thank you for your message. Does the contract mention anything about early termination of contract?
Customer: replied 14 days ago.
I have moved into the flat 2 days ago and the flat is in bad condition, not the way it meant to be and saw it at the viewing. The contract has a clause about early termination but in this case, I find the landlord has not handover the flat from previous tenants in good liveable conditions (there's damp and mould, no heating, potentially mice, unsafe electrical appliances etc). Could i negotiate on this and leave the flat?

Hi, thank you for your message. Yes you will be able to leave the contract if there is a breach of contract. I would recommend that you write the landlord a letter setting out your claim and what you want i.e. to move out. You should state the date you intend to move out and attach any evidence you may have such as pictures, contract ect. I hope this helps- if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen otherwise I receive no credit for helping you.

Joy Nicholas and 3 other Property Law Specialists are ready to help you
Customer: replied 9 days ago.
thanks for getting back to me but this is more complicated than this as just moved into the the flat and the flat is not been handed to me as described. Would you be able to talk to me? Thanks
Customer: replied 4 days ago.
Hello again!
I have spoken to one of the solicitors last week and asking advice about the new renting contract that I have signed for 2 years. I have moved into the flat about 2 weeks ago but the conditions were terrible and not as expected. I have emailed the agent numerous times to start fixing things but obviously the landlord is trying to push back and the agent is not very helpful. I'm only in touch with the agent and not with the landlord directly. They have actually cut the communication with me and quite worried as not sure what to do next. I have emailed them as advised by the solicitor and done my research about the law that found in the Consumer Protection from Unfair Trading Regulations 2008, which prohibit the use of 'unfair trading practices', I have received misleading information about the flat. This has caused me to enter into a tenancy while in that contract that I would not otherwise have made. Misleading actions and misleading omissions are both prohibited under consumer law.
Before taking any further action I have requested the agency in writing to solve this amicably and require details about complaints procedure and be in touch with the right team/ people. But they have never responded to me even if I chased.
Initially I said to the solicitor that I'm happy to stay in the flat if they make a reduction of the rent or reimburse some of the money. I still have a long list with things that they are meant to fix but haven't received anything. The most worrying is the situation with the toilet as there's damp/ mold on the walls, also when the clerk came to do the inventory check she has mentioned that she found it across the entire flat. So i'm not sure if this is a temporary thing or long term problem. Also, the main door is not locking properly and quite worrying as it can easily break and go inside. With all these issues I would like to exit the contact and find something else as not sure if i can live here for such long time with all these issues.
Would the next step? the solicitor mentioned about reporting the authority but cannot remember exactly now the name.
Could you please advice? Also, do i need to send an official letter about the exiting the contract?
Thanks,
Alina
Customer: replied 3 days ago.
can someone help me with my last question? thanks

I am sorry to hear about your situation. You can complain about your landlord if they’re doing something wrong or you’re unhappy with their behaviour, for example if they aren’t doing repairs they’re responsible for. It’s best to speak to your landlord first to solve your problem. If this doesn’t help there are other steps you can take to complain. I would recommend the following steps in this matter:

1) make a formal complaint by writing a letter to your landlord.

Explain your problem and what you want them to do to solve it. Tell them what rights you have and what you think they should have done. You should include in your letter:

what you’re complaining about

what you want them to do about the problem

dates and times the problem took place

copies of any letters or emails between you and your landlord

photographs - for example showing damage or disrepair, particularly if the problem gets worse over time

receipts for things you've had to pay for because of the problem

2) If making a formal complaint to your landlord doesn't solve your problem you might be able to complain to your local council. You can find contact information for your local council here: https://www.gov.uk/find-local-council

3) You can try to complain to the housing ombudsman service. For more information please visit the following site: https://www.housing-ombudsman.org.uk/residents/understand-complaints-process/

4)you can ask your landlord for compensation if they fail to carry out repairs within a reasonable time once you've reported them and if your home is unfit to live in because of poor conditions. If your landlord does not agree to compensation you can take court action. You can take legal action to claim compensation during your tenancy or after it ends. However, you must have reported the problem to your landlord during your tenancy. You have up to 6 years to claim (or 3 years for a personal injury claim). The time runs from when your landlord should have carried out the work. I would recommend that you contact the citizens advice bureau in your area to help you take this matter further they may be able to help you write a letter to your landlord asking for compensation. You can find a citizens advice bureau in your area by visiting this link: www.citizensadvice.org.uk.

I hope this helps if you can please accept my answer, there will be a box to do so and give me a five star rating for answering your question top right corner of your screen and just answer will then credit me for helping you today.