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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12174
Experience:  30 years as a practising solicitor.
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I have just moved house into a rented property and vacated

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i have just moved house into a rented property and vacated another rented property. i didnt realise i had to give 2 months notice but did so and paid the rent in full until the end of the term which expires 16th Dec 2017.approx 2 weeks ago when we had left the property and done an initial clean, the landlord had a viewing and contacted us to say there had been a leak and it was due to the cylinder having a crack. he turned the water off and it still remains off with no fixed date for repair.the landlord feels it right to charge the full rent until the expiration of the lease even though the property is not fit to live in due to no water. We had vacated but could have still used the house for an office or for family to stay ( albeit with camp beds ).is there a legal case for demanding a refund of the rent for the days the water was off?
He also is insisting the property been final cleaned and yet there is no running water. There is also a little bit of painting to do and cleaning of i liable for anything after the termination date of the lease if i was unable to carry out final works due to no water

Thank you for your question. You are liable for rent to the end of the lease. Had you been living there during the notice period the landlord would have had to effect an immediate repair to bring the property to the repairing standard. There would be no automatic right to a rent rebate although this could have been ordered by the Tribunal has the landlord done nothing about it. I would say you have a better argument against having to pay the cleaning costs given that you had no water in the flat with which to do the outstanding cleaning. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
can i ask if i am within my rights to refuse to carry out any extra cleaning (the property is 95% cleaned ) and one small wall to paint based on the fact that i was ready and willing but unable to carry out the works due to no water. i would suggest they will try contra charge over inflated cleaning and remedial works from our deposit.
could i claim the 2 weeks rent and use this as a bargaining tool given that i was planning to use the prorty still as my home office and could not.
if you can clarify exactly what i can do then i can conclude this and give you a 5 star reivewthanks

You moved out so that argument about using the property won’t work. If they try to claim from the deposit then you just ask the deposit scheme administrator to arbitrate the issue on the basis that you couldn’t complete the cleaning because the property had no water which is a breach of the minimum repairing standard.

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