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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 6144
Experience:  Senior Associate Solicitor
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I have been renting a place for 8 weeks, it was a verbal

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I have been renting a place for 8 weeks, it was a verbal agreement, the tenancy agreement is due to end on the 29th of December however there are insufficient living conditions such as no heating, the washing machine does not work, no kettle, no Hoover, the door does not work properly, I have decided to leave so therefore there is 6 weeks that I will not be living there for, I paid 3 months worth of rent however due to the conditions am I entitled to the 6 weeks worth of rent which I will not be living there for back?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: There has been no paperwork or written contracts in place as it was verbal, I have contacted the woman and she has told me I will not be getting the money back and has also said she does not have it
Assistant: Where is the property located?
Customer: Birmingham
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You still have a valid tenancy agreement even if you do not have it in writing. By law, landlords must provide heating and hot running water to the property. They also have to ensure the property is in good repair under S.11 of the Landlord and Tenant Act 1985.

If they do not, they face prosecution by the local council and can be fined. It would also be breach of contract on their part and you would be within your rights to terminate the tenancy agreement.

The Local Authority Environmental Health Officers have powers under the Housing Act 2004. They have a duty to ensure that properties in their area are in a habitable condition, and will serve improvement notices on landlords of properties which are assessed, under the new Housing Health and Safety Rating System as having ‘category 1 hazards’.

Similar powers are available to Local Authorities under the Environmental Protection Act 1990 if the property is considered a threat to public health.

I would therefore contact your local council (the housing department) in the first instance to report the matter. Once you leave the property I would then sue the landlord for the rent and deposit (from the date you had no heating).

If the landlord does not pay or if they refuse for whatever reason, you can sue them in the county court for your losses on the money claim site (http://www.moneyclaim.gov.uk) although I recommend sending the landlord a letter before action to warn them of your intentions first and allow them 14 days to reimburse you. I have attached a template letter for you.

If they do not reimburse, you are free to issue a claim.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


 

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Customer: replied 14 days ago.
Thank you