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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am currently renting a flat which for the last 3 years has

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I am currently renting a flat which for the last 3 years has experienced more and more issues with damp. I now have mould on the walls and ceilings and the bedroom has been made unliveable, the landlord and letting agency has stated the flat is 'uninhabitable' but I have no choice other than to live here. I'm currently 'camping' in my lounge. I feel it is wrong for me to be paying rent still on the property as is in such poor condition. There will also need to be at least a months worth of work to be carried out re-decorating.

The landlord and letting agents seem to be ignoring the fact that I'm living here and are purely concerned with there own agenda.

Can I stop the rent while this issue is on going? My short hold tenancy agreement of course stipulates that I cannot withhold rent, but this seems unfair in this situation as I have no other means of conpensation?

HelIo Idnam,

 

Under an assured shorthold tenancy you cannot withhold rent from your landlord. If you do you will be in breach of contract and run the risk of of him serving you notice to vacate. I do thought sympathise with your position.

 

You could serve a notice of repair by letter on your Landlord requesting that he make the appropriate repair within a reasonable time (usually 14 days) stating that if he does not then you will make the repair yourself and seek to claim the expense from him. If he does not make the repairs within that reasonable time , then you could pay to have it done yourself and then make a claim for the money from your landlord through: www.moneyclaim.gov.uk

 

The problem appears to be the length of time it would take to make the repair. If you just want out of the property then you should phone your local authority's environmental health department and ask them to inspect the property. The will send an officer round and if he finds that it is uninhabitable then you should request that he confirm this in writing to you.

 

When you receive this written confirmation you should write to your Landlord enclosing a copy and state that you are terminating the agreement because of his breach. This breach is a repudiatory breach which would entitle you to terminate the Contract.

 

I hope this helps, if so please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask followup questions.


Kind regards,

 

 

Tom

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