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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 17326
Experience:  Solicitor
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In a months time my 11 month tenancy begins for a flat,

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Hi, in a months time my 11 month tenancy begins for a flat, where a fire occurred in the flat next to it. It all appears to be the same building however the agency stated our flat is unaffected. What are they legally bound to do for us in terms of disclosing information and safety?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: For the tenancy? We have signed a contract and sent our deposit. I want to visit the property itself as they have assured it is safe and try to see if the utilities haven't been compromised. We don't want to live there if they are going to be rebuilding the rest of the property during our tenancy (because we are final year university students) but we aren't sure if we are allowed based on our tenancy agreement etc.
JA: Where is the flat located?
Customer: On the top floor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 12 days ago.
What information as tenants am I entitled to know regarding the fire that occurred? And can I leave the tenancy agreement freely? The agency has said on the day it occurred that our flat was unaffected despite it being the same building/attached to the same building but we don't have any records of the fire, or safety inspection yet. And with them likely to be doing masses of repair work throughout our tenancy me and my fellow tenants would like to find somewhere else but we aren't aware whether we can lawfully do that.
Customer: replied 12 days ago.
In the tenancy agreement I found a section that said "[...]the landlord shall permit the Tenant to have quiet enjoyment of the Property without interruption by the landlord"

Quiet enjoyment is just that - so the Landlord wont come around and knocking the door.

Unless you have evidence that it affects the structure of the building, you cant leave.

Just because there has been a fire is not enough to terminate the tenancy.

So unless you know for a fact, not speculation, that your safety is in issue because of the building you cant leave early.

I am sorry if this is not the answer you want, nor 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 12 days ago.
I see, are we entitled to know any documentation or findings regarding the result of the fire as tenants?

No, as a matter of law.

You could ask and apply to court for disclosure if they refuse though

Does that clarify?

Customer: replied 12 days ago.
ok yes thanks

Can I assist with anything else today?

Customer: replied 11 days ago.
Not at the moment, thank you for your time

All the best. If I could invite you to rate me 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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