Consultation on how to get money back from agency for a tenancy agreement
- or -
Post a project like this2276
$$$
- Posted:
- Proposals: 5
- Remote
- #1856792
- Awarded
Description
Experience Level: Expert
Estimated project duration: 1 day or less
Legal topic: Property
Description of legal work: Just signed a tenancy agreement for a residential 2-bedroom flat in London through Foxtons agency, paid them several months upfront. On day 1 after getting the keys, we realised one of the bedrooms is uninhabitable.
Need someone to advise on best course of action to make contract void and get money back. I'm writing a formal letter to agency - what's best to include? How long shall I wait before going to small claims court? Shall I try to dispute the debit card transaction in my bank on the grounds I was mislead? What is the chance to do it successfully in this case? What is the court practice in similar cases?
Extra notes: The uninhabitable bedroom is in the basement and although the room itself looks dry after fresh repainting, the light well is all wet and heavily smells mould. Behind the light well there are adjacent vault storages under the pavement which have leaks and all covered in mould.
Problem is we can't open the window to ventilate the bedroom because all the mouldy smell from the light well and adjacent vault comes into the bedroom. The problem is not just smell but the spores of mould which could be life threatening for our son who suffers asthma. We basically can't move into the property we paid for.
We asked the agency to cancel the agreement immediately but they refused as under the agreement we can't terminate in the first six months. They say the lightwell is not part of the flat and the mould outside is not flat's problem and we can only ask the landlord to do the repairs to fix the problem. I believe the agent deliberately misled us because when viewed the property the lightwell acсess was obstructed with rubbish and when I tried to open the window it was all locked and the agent said she didn't know how to open it. When asked where the boiler is she also had no idea. The boiler in fact is located in one of those mouldy vault storages.
My position if the landlord could not make the flat ready and habitable from the very start of the tenancy I want to make the agreement void and get the upfront payment and deposit back. I need a place to live now and can't wait a month or forever. The agency is managing the property and I believe they don't even let the landlord know about our problems and about my wish to terminate immediately. It is the agency who would not want to cancel because they receive 20% comission on all payments. When asked about the landlord contact details the agent explicitly refused to give them (by a text message).
Also the landlord had obligation under the contract to pay for a professional cleaning prior the start of the tenancy. The flat was not cleaned at all after the builders. They breach the agreement from the very start so I believe no problems will ever be addressed.
Description of legal work: Just signed a tenancy agreement for a residential 2-bedroom flat in London through Foxtons agency, paid them several months upfront. On day 1 after getting the keys, we realised one of the bedrooms is uninhabitable.
Need someone to advise on best course of action to make contract void and get money back. I'm writing a formal letter to agency - what's best to include? How long shall I wait before going to small claims court? Shall I try to dispute the debit card transaction in my bank on the grounds I was mislead? What is the chance to do it successfully in this case? What is the court practice in similar cases?
Extra notes: The uninhabitable bedroom is in the basement and although the room itself looks dry after fresh repainting, the light well is all wet and heavily smells mould. Behind the light well there are adjacent vault storages under the pavement which have leaks and all covered in mould.
Problem is we can't open the window to ventilate the bedroom because all the mouldy smell from the light well and adjacent vault comes into the bedroom. The problem is not just smell but the spores of mould which could be life threatening for our son who suffers asthma. We basically can't move into the property we paid for.
We asked the agency to cancel the agreement immediately but they refused as under the agreement we can't terminate in the first six months. They say the lightwell is not part of the flat and the mould outside is not flat's problem and we can only ask the landlord to do the repairs to fix the problem. I believe the agent deliberately misled us because when viewed the property the lightwell acсess was obstructed with rubbish and when I tried to open the window it was all locked and the agent said she didn't know how to open it. When asked where the boiler is she also had no idea. The boiler in fact is located in one of those mouldy vault storages.
My position if the landlord could not make the flat ready and habitable from the very start of the tenancy I want to make the agreement void and get the upfront payment and deposit back. I need a place to live now and can't wait a month or forever. The agency is managing the property and I believe they don't even let the landlord know about our problems and about my wish to terminate immediately. It is the agency who would not want to cancel because they receive 20% comission on all payments. When asked about the landlord contact details the agent explicitly refused to give them (by a text message).
Also the landlord had obligation under the contract to pay for a professional cleaning prior the start of the tenancy. The flat was not cleaned at all after the builders. They breach the agreement from the very start so I believe no problems will ever be addressed.
Y. P.
100% (3)Projects Completed
3
Freelancers worked with
3
Projects awarded
75%
Last project
2 Mar 2018
United Kingdom
New Proposal
Login to your account and send a proposal now to get this project.
Log inClarification Board Ask a Question
-
Is your deposit protected under a deposit scheme holder? Complain to them
Y. P.14 Jan 2018They haven't yet sent me the details about deposit protection (they have some time after tenancy starts) but I want to cancel the agreement totally with immediate effect and get rental payments back not just the deposit.
571243
We collect cookies to enable the proper functioning and security of our website, and to enhance your experience. By clicking on 'Accept All Cookies', you consent to the use of these cookies. You can change your 'Cookies Settings' at any time. For more information, please read ourCookie Policy
Cookie Settings
Accept All Cookies