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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 62920
Experience:  Over 5 years in practice.
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can I cancel my tennancy agreement before we moved in? we

Customer Question

can I cancel my tennancy agreement before we moved in?
we went for the check in and the house was not as we agreed. we try to contact the landlord and his respond was if you dont like it look for another property shouting at us. we dont want to imagine dealing with him for one year so we didnt accept keys
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Jo C. replied 9 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract is it?
Customer: replied 9 months ago.

assured shorthold tenancy agreement

Expert:  Jo C. replied 9 months ago.
Thanks.

When are you supposed to move in please?
Customer: replied 9 months ago.

20 of july

Expert:  Jo C. replied 9 months ago.
Thank you

What was wrong with the property exactly please?
Customer: replied 9 months ago.

in a terms and conditions of offer we agreed: landlord to removed both couches in the living room and provide new ones, carpet on the stairs to be carpet clean, main bathroom and kitchen to be decorated, landlord to removed all three beds in the propety, property to be professionally cleaned,


when we went for the check in the house was not clean the carpet wasn't either the sofas were the same he just put a new cover they left


old matrees at the entrance and old sofas but rubish in the garden.


 


 


the statr agent said that they

Expert:  Jo C. replied 9 months ago.

Thanks for the information.

You cannot cancel an AST lawfully. What you can do though is refuse to take the property in this condition. It is clearly not as you agreed that it would be. In relation to cleaning you will have to show that your complaints about the condition of the property are more than trivial. Taking photographs would be a good way to do that.

If the landlord refuses to put this right then you can indeed refuse to move in. He is very unlikely to sue you. What he will do is refuse to release your deposit and then you will have to sue him. Thats where the photographs would be useful.

An alternative course if action for you if you don't have photographs and can't get them is to move in, pay to out the damage right having gathered evidence of it and sue for the cost. You would win that on the facts that you describe. I don't think you want to take this action from what you say but it is an alternative that may deal with your accommodation issue.

Hope this helps. Please let me know if you need more information.
Customer: replied 9 months ago.

if I refused to take the property and he keep the deposit, can I leave it just losing the deposit or it we are liable for more expenses?

Expert:  Jo C. replied 9 months ago.
You do have a claim for the return of the deposit too.

It depends what the court finds. If the court says you were entitled not to take it because it wasn't as described then you have a right to the deposit back too.

If the court refutes that though then you are liable up until the point that he can replace you with reasonable effort. Realistically its not likely to take longer than one month and so the deposit would cover it.

From want you say though, there's a fairly good case for not taking the property.
Customer: replied 9 months ago.

Ididn't take any picture but the check in company took more than a 100 pictures, can we ask for that report?

Expert:  Jo C. replied 9 months ago.
You can but they might not provide it.

If you sued though then you could ask them to produce them and the court would draw inferences if they did not.
Customer: replied 9 months ago.

last question, if we take the house can we ask to deduct from this month rent the days they taking the give the property in a the conditiond we agreed for? we paid the rent from the 20th

Expert:  Jo C. replied 9 months ago.
Not if you move in realistically. Its not that type of damage or condition.

But if you resolve the condition of the house you would have a claim for the cost.

If things are as say though then you are entitled to refuse to move in and reclaim any rents paid to cover that time.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 62920
Experience: Over 5 years in practice.
Jo C. and 6 other UK Property Law Specialists are ready to help you
Customer: replied 9 months ago.

We refused to take the house and the state agents keeped the 6 weeks deposit for the cost incurred to date and they terminate the contract without going to court, was this fear? We did our part and the landlord didn't but we end up paying from our pocket

Expert:  Jo C. replied 9 months ago.
What would you like to know about that ?

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