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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69269
Experience:  Over 5 years in practice.
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I would like some guidance on a tenancy ending due to

Customer Question

Hi I would like some guidance on a tenancy ending due to required repair work
JA: What state are you in? It matters because laws vary by location.
Customer: I am in the UK
JA: Are we your first resource? And has anything been filed in court?
Customer: yes apart from internet research. nothing has been filed in court, nor has court been mentioned to us
JA: Anything else you want the lawyer to know before I connect you?
Customer: that I am in the UK, not the US
Submitted: 2 months ago.
Category: UK Property Law
Expert:  Jo C. replied 2 months ago.

How can I help with this please?

Customer: replied 2 months ago.
we have not had our tenancy term renewed after it became apparent that the property needed major repairs due to water damage, most likely from the shower room. we informed the lettings agency as soon as we became aware of water damage to adjoining walls. However we were unaware of the sealant having failed between some tiles low in the shower (hard to see - onyl became apparent to us once pointed out by a workman). There are traces of several repairs to the sealant and the agents do a management visit quarterly. They should have been aware of the grouting having failed again as it should have been a known weak spot in the shower. We also pointed out damp to the landlord directly during a visit over a year ago. Nevertheless we are concerned the landlord will try and hold us responsible for the damage.
Expert:  Jo C. replied 2 months ago.

Are you asking if you are liable?

Customer: replied 2 months ago.
I guess so
Expert:  Jo C. replied 2 months ago.

Why do they say you are liable?

Customer: replied 2 months ago.
They haven't. All they have done is written to us to say that they won't be extending the tenancy for a further term.
My concern is that they might claim that we are liable at a future date (ie between now and the end of the tenancy - or just following the end of the tenancy).
Expert:  Jo C. replied 2 months ago.

I'm not sure on what basis.

These are structural issues for the landlord.

The only issue here I suppose is that if you had not reported it or not sufficiently swiftly then they could argue that you were negligent.

Expert:  Jo C. replied 2 months ago.

But from what you say that doesn't seem to be possible here because you did report it.

Expert:  Jo C. replied 2 months ago.

Can I clarify anything for you?


Customer: replied 2 months ago.
Thank you, ***** ***** this provides me with enough clarification on a legal basis. If we hear anything from them to the opposite I might get in touch might not be able to help with this, but is there a way we can protect ourselves against a bad landlord's reference in this situation. While they might not be able to legally blame us I have little doubt that privately they think we are to blame, just on the basis of being the tenants at the time this happened. We do have to find new accommodation and I would hate losing out due to a vindictive reference.
Expert:  Jo C. replied 2 months ago.

He can only tell the truth in a reference. If he says anything untrue then that would be defamation and you could sue.

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