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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7312
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi Thomas, I have some issues with my landlord´s management

Customer Question

Hi Thomas, I have some issues with my landlord´s management agency, being ignored about repairs in the bathroom, also the guest toilet since my move in in Feb is blocked, I have a 6months fixed term which ends on 29th of Aug., I have stopped paying rent this month, they already asking me for the rent, but still do not show any sign to finally accommodate my complaints within the property.

I want to move out earlier by a month, so I want to move out on 29th of July, how is the smartest and best way to announce this and based on what? They hold 1 1/2 months deposit anyway, and if I would pay rent until the end I probably never see anything of my deposit back.. Thanks, Tom
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi,

YOu refer to your landlord's management agency, are they responsible for repairing the common parts of the buidling in which the property (I presume a flat) is located?

Tom
Customer: replied 3 years ago.

Its a 3 bedroom house located in hampshire and yes i have never met the landlord and i do not want to neither, after all, its a fully managed property.. Regarding the toilet for instance (and this important to me as I can not invite many people I have a not operating guest toilet!) I have been writing them long time ago and they come with all sort of games playing with me and basically telling me the landlord would fix it if i agree to pay 50%. That is not acceptable, it was not working from day one I have moved in, and so they havent done anything although they are fully aware about this and other issues in the upper floor bathroom, I have even replaced some of the things myself and handed over the invoice with the please to have me reembursed, nothing. but now they are asking me for the full rent, which i will not pay, the house is not in the condition to reflect the full rent and since i have been ignored all the way when it came to ask for repair I really would like to cancel this contract in the smartest possible and legally best terms to do so and move out in end of July.. Thanks, Tom

Expert:  Thomas replied 3 years ago.
Hi

I have quick meeting now for about 20 mins.

May I answer thereafter?

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

The toilets not working are a breach of the landlord’s obligations for repair under the Landlord and Tenant Act 1985 s11(b). Therefore if they have not corrected it within a reasonable time then they are in breach of contract.

If the ultimate aim is for you to leave early by a month then I think that you should basically posture to issue a claim for breach of contract against them claiming damages for loss of amenity.

I would write to them in the first outlining the repair issue and referring to the detailed number of times that you have requested repair. States the length of time that it has been going on for and state that you will issue a claim against them unless they agree to release you from your contract by executing a Surrender of Tenancy dated the day that you move out.

You should also attempt to negotiate in to the surrender the full return of your deposit without deduction.

This is best sovled by taking a hardline with them indicating that you will sue for loss of amenity under breach of contract and ask for damages (or that the unpaid rent is off set against this sum). If they believe you to be minded to issue then you will likely see that they are willing to negotiate on your leaving date.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.


Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom


Customer: replied 3 years ago.

Hi Thomas,
I need in some part more clarification, may I email you later this evening after work please?
thanks,
Tom

Expert:  Thomas replied 3 years ago.
Hi,

You can do so, but I cannot guarantee I will be able to reply quickly if it is after about 7.15.

Tom

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