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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We have not been sent the information we need about whether

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We have not been sent the information we need about whether our deposit is protected or not, we have now been in the property for over 2 months, where do we stand on ending the tenancy agreement early?
Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.
Have you reported damp and health probs to Environmental Health Dept at the council? Is the rent up to date?
Customer: replied 3 years ago.
We only discovered it yesterday and we're unsure of what to do. When we reported the damp to the landlord he said it was because we weren't opening the windows and not using the really old storage heaters. We do open the windows when needed and the storage heaters are permanently on as it is so cold in the property. He also told us that the previous tenant didn't use the storage heaters for over a year yet the damp was our fault because we hadn't used them for 2 weeks. The rent is completely up to date. The last payment of rent was 31st October.

The first thing to do is to refer the matter to the Environmental
Health Department at the local Council if the landlord will not do anything
about it. They will say whether this damp is caused by condensation or whether
it is indeed a damp problem with the building and whether it is a health

If it is a health hazard, you will be entitled to end of the tenancy

I don't know whether the landlord is refusing to give you details of
the deposit scheme or whether he has simply not given them. There are penalties
for him not protecting the deposit, as you will read here under section 3.8

there is some more information
here about halfway down the page.

unfortunately, it does not give
you the right to enter the tenancy early, simply because he has not given you
the details.

What you can do is tell the
landlord that if he is insisting that you stay in the property, you will have
no alternative but to advise the Environmental Health Department at the local
authority. If the damp is extremely severe and is a health hazard, the
Department can actually order the landlord to stop letting the property out until
such time as the problem is rectified.

Just because the storage
heaters may be old does not necessarily mean they are unsafe and the landlord
should have provided you with a test certificate.

Can I answer any further
specific points?




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