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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7478
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear sirs I am writting to you to ask for legal advice and

Resolved Question:

Dear sirs

I am writting to you to ask for legal advice and help. I want to break my tenancy agreement as I believe the agency/Landlord have failed in one of the conditions.
For the last 6-7 months I have been reporting problems. Some of them have been sorted some not. The latest episode was 2 weeks ago when the doors of the wardrobe fell over me when opening. The agency has sent people twice but they were to all to be fixed. I sent an email straight away reporting the issue and the fact that I could have been badly injure as one of them is made of glass.
I am still waiting for them.
I went to their office last saturday and the recepcionist promised me on monday they will give a solution, but nobody called me on monday. I called them yesterday and they promise me again that at the end of the day I will have a date for them to fix the problem. Nobody called me. Today the same.
All I want is to break the contract and leave this flat and of course get my nearly 3000GBP deposit back.

The estate agency name is XXXXX XXXXX I live in London

Many thanks for your time and help
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

I'm afraid 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).

If the areas which are still in disrepair are of a minor nature (as the cupboard doors would be, I regret to say) then this would not constitute the property being unfit for human habitation. 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.


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Kind regards,


Tom
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