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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6514
Experience:  BA (Hons), PgDip, Practising Solicitor
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i just moved in the property and estate agent give me a year

Customer Question

i just moved in the property and estate agent give me a year contract but i can leave after 6months provide 2 months notice. but the day i move in the shower is not working and its been a 8 days so far and they havent fixed the shower so i told my estate agent i dnt want to stay and give my deposit back because i cant live without shower and they should check before letting the property. but he said they try there best but he said i cant cancel the agrement. what shall i do?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi
If the shower was fixed would you wish to stay at the property?

Kind regards

Tom
Customer: replied 3 years ago.
not really. because i am not happy the way my begining in the house. i am feeling if something else goes wrong then they took ages again. but they asked me everything like my work refrence, and my 6months bank account and the day before i moved in he wants clear funds of 6weeks advance an months rent so i asked if i can give him cheque but he said no, so by hook and crook i gaarange money and give it to him. so i done everything on time and now i expect everything oon time aswell.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

I'm afriad you will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling you terminate at a certain point during the term or the property is unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract).

The shower not working is not a repudiatory breach of contract, so they will be able to hold you to the term of the tenancy agreement. However, you have a right to enforce the repair of the shower against the landlord.

You should formally write to the the landlord specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.

If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: www.moneyclaim.gov.uk

Its pretty cheap and straightforward to use. I always advise this way foward rather than withholding rent because of the reason outlined above (putting your continuing occupation in jeopardy).

If you still wish to get out of the tenancy then landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. If the landlord acted through agents then you should explain your situation to them and press them (and continue to press them) to find you a replacement tenant. If the landlord acted on his own then you should speak to him to check that he would be amenable to your finding a replacement tenant. You can then use www.gumtree.co.uk to find a tenant (private landlords frequently use this service.


If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
thanx but i didnt get clear answer. so basically i cant get out till my six months done. because its from property agent and they can find new tenent but they wont give my deposit back. thats wat i want to know how can i get my deposit back?
Expert:  Thomas replied 3 years ago.
Hi,

If you simply hand back the keys and "terminate" the tenancy you will not get your deposit, no. The Landlord will also sue you for the rent owing under the rest of the term of the tenancy. They will likely receive judgement on the amount of rent they would have earned from you up to the time at which the Court rules they could have relet the property.

If you wish to get your deposit back then you need to find a replacement tenant for the landlord/agent. That is the only way.

You have my sympathies, it's a difficult situation.

Trust this clarifies, if so please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6514
Experience: BA (Hons), PgDip, Practising Solicitor
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