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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 2820
Experience:  Solicitor at BLM
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Before moving into my current property I pointed out a

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Hi Before moving into my current property I pointed out a number of issues that needed to fix. Including electrical issues damaged furniture, broken door handles plumbing issues. Most of these problems have yet to be and some have gotten worst. For the roof leaked which caused the power to cut. The bathroom door handle got jammed locking me in meaning I had to call the fire rescue service. I am a number of months into my tenancy and I am starting to feel like if I continue I will be in danger. The Leak causing electrical faults is a clear fire hazard. I would like to terminate my contract and request my deposit back in full.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I am putting together a document to send to the housing ombudsman and a formal complaint to the estate agents but wanted some advice before sending
JA: Where is the property located?
Customer: Manchester City Centre, Northern Quarter
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have emails, photographs and video evidience. Other than that, no Thank you

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays but rest assured that I will respond within 24 hours.

In view of the circumstances and on the assumption that you signed the agreement on the basis these issues would be resolved it appears the landlord's conduct could be deemed a misleading action which likely influenced you to sign the tenancy agreement. Misleading action as described can be deemed an unfair trading practices, which is prohibited by the Consumer Protection (Amendment) Regulations 2014. The law states that where someone has entered into a contract as a result of a misleading action or aggressive practice, redress under this civil law may be obtained through the right to unwind the contract, a discount and/or damages. In order to claim this right, you must inform the landlord (or landlord's agent) that you want to reject the contract within 90 days of the tenancy start date. There is no obligation for this to be put in writing, but I strongly advise you to do so. Therefore please write to the Landlord/Agent reminding of your rights under the civil law in question and you wish to exercise the right to unwind the agreement. Assuming they do not accept your position, you can file a complaint to the organisations you have stated.

I hope I have clarified the position.

Thanks and stay safe.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe

Anthony Chendo and 2 other Property Law Specialists are ready to help you
Customer: replied 20 days ago.
Thank you very much. This is beyond helpful.I have sent the following email to the landlord and estate agents, it would be good to get your thoughts.
Dear Cyril Jones,I am writing to request the termination of my tenancy agreement and the full refund of my deposit.Before signing the contract for***** specifically during the property viewing with Reeds Rains. I pointed out the significant number of damages to the property. I was assured that these damages will be fixed, the property cleaned and the broken furniture cleared in time for my move-in date. (Email correspondence and photos attached).The damages outlined Included electrical faults, damp, broken furniture, damaged doors and a broken intercom system. Four months into my tenancy, from March - June; no significant progress has been made and in fact, some of the problems have gotten worse. For example, a leak is causing recurring power cuts. A damaged door has led to the fire rescue service having to break the lock and release me whilst trapped, twice. Incurring a charge of over £200 on the second call. When updating the Landlord on events the first time I informed him that the door remained damaged and needed to be repaired to which I received no response.Two separate electricians have pointed out that the leak presents a serious fire risk. At this point, I have lost all confidence that these issues will be properly addressed and I have serious, well-founded concerns for my safety and wellbeing if I remain at the property, which has led to me seeking advice and reaching this conclusion.Given these circumstances and the fact that I signed the agreement on the basis these issues would be resolved it appears that I have been misled on the terms that influenced me to sign the tenancy agreement.Misleading action as described can be deemed an unfair trading practice, which is prohibited by the Consumer Protection (Amendment) Regulations 2014. The law states that where someone has entered into a contract as a result of a misleading action or aggressive practice, redress under this civil law may be obtained through the right to unwind the contract, a discount and/or damages. To claim this right.I hope to resolve this matter swiftly and cordially.Many thanks,Terry Manyeh
Customer: replied 10 days ago.
Hello Anthony,My Landlord has responded with the following:
I acknowledge receipt of your email and note the content.I am prepared to offer you £300 as a one off payment for the inconvenience due issues raised.Should you want to terminate your tenancy before the fixed term, you will remain responsible for paying the rent due during the fixed term of the tenancy, or until a replacement is found.You will also be responsible for agents fees for finding the replacement tenant.
How would you like to proceed?
RegardsMr C JonesI have drafted the following as a response. It would be good to know your thoughts on his response and how I should retort.
To whom it may concern,Even having brought the matter up several times, I haven't been able to use the on-suite bathroom since moving in. To highlight the level of disrepair, the only thing that works as it should is the sink, which four months into my contract is a breach of my tenancy agreement as per my last email, was signed with the understanding that it would be ready to use before my move-in date.As I knew I would be partially working from home, the space in the flat was an important factor in me signing the tenancy agreement. Since the leak, I have been unable to use the room I had set up as my office space. This along with the other issues is frankly unacceptable.I am determined to leave but would accept a £100 back pay for each month of my tenancy and a £100 discount on my rent until all damages are repaired and all issues addressed in accordance with my contract.I would also like to agree on a suitable and swift time frame for all repairs to be made.
Customer: replied 10 days ago.
Hi Anthony, I wanted to thank you for your advice, it was really valuable. It's always good to see a Black solicitor do his thing!Terry Manyeh