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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, I have just taken on a tennancy of rented property,

Resolved Question:

Hello,
I have just taken on a tennancy of rented property, within the last 24 hrs, having recived the keys from the agent and entered the property I have found it to have multiple areas of damp and water ingress caused by the recent adverse conditions - these issues were not presenting themselves when the property was viewed.

Have I any legal rights to withhold rent payment or deem the property not fit for purpose.

Many thanks
MR S Cain XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Have you been in touch with the landlord about this and what did they say?

Tom
Customer: replied 1 year ago.

My question is aimed at the letting agent, do I have any rights with reference to the property being let when it is not fit for purpose.


 


The Landlord is away until the new year, which means that I am paying for a property that I am not happy to use.


 


Thanks

Customer: replied 1 year ago.
Relist: Answer quality.
Expert:  Thomas replied 1 year ago.
Hi

Not being fit for purpose is a principle of the sale of goods act legislation which does not apply here. You won't be able to get the agents on this.

If they do not manage the tenancy then your recourse is against the landlord alone. The housing act legislation covers tenancy agreements

The landlord is required under the landlord and tenant act to give you an address at which they can be contacted. This address should be noted on a tenancy agreement that you have signed. If the landlord is the way and that is his problem you should write to him there anyway.

You should write to the landlord at that address specifying that the property is in disrepair because of the damp and you have a right to a property free from damp. You should say that you require remedial works to be carried out to correct the damp within 7 days. you should also contact the local authorities environmental department and ask them to make an inspectiOn.

If the enviromental officer makes an inspection of the damp and states that this makes the property uninhabitable then you can terminate on this basis by stating to the landlord that you have a right to a property fit for human habitation and at this is a repudiatory breach of contract which entitles you to terminate.

If the enviromental officer considers that the property is still fit for human habitation then you will have to write to the landlord and state that if he does not carry out the remedial works within a reasonable time then you will pay to have been done yourself and then to him for the money that you have spent including legal expenses intreast and any other damages for financial loss that you have suffered.

If this is useful please kindly click accept an rate my answer as okay service or about. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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