Tenant Dispute Resolution Steps

Summary

In England, if a tenant believes a property is unfit for habitation, they can pay rent under protest to avoid breaching the contract. Its important to document the propertys condition and communicate with the letting agent in writing, stating the payment is under protest and the tenancy is not accepted. Consulting with Citizens Advice or a solicitor is advisable for further guidance. If there are health and safety concerns, such as lack of ventilation or mold, contacting the local environmental health department may be necessary. Legal insurance and solicitor advice can provide additional support in resolving the dispute.

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Ray
Hi Ray! How can I assist you with your legal issue today?
Do you cover uk law or are you us only?
Hey Ray! Yes, I can provide information on UK law, including England. How can I assist you with your legal issue today?
Hi, my daughter is in dispute with a letting agent. She rented a property but we believe the property is not fit for human habitation and we have requested a mutual cancellation. She has never occupied the property. We are in the process of seeing legal advice but in the meantime the second month's rent is due on April the first, Next Wednesday. What is the best way for her to handle the upcoming rent? It has been suggested that she should pay 'under protest' and make clear she is not accepting the tenancy so as not to risk being accused of breach of contract.
In England, if your daughter believes the property is unfit for habitation, she can:
- Pay the rent "under protest" to avoid breaching the contract.
- Document her reasons in writing to the letting agent, stating the payment is under protest and she does not accept the tenancy.
- Seek advice from Citizens Advice or a solicitor for further guidance.
Has she documented the unfit conditions with evidence?
Yes, I have legal insurance and this has been passed to a law firm for evaluation. Until they have evaluated the case they won't give us direct advice on this. Rent is due next Wednesday (today is Saturday) hence looking for advice in the meantime. How would you word the email informing of the payment under protest?
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Here's a suggested email template for informing the letting agent of the payment under protest:
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Subject: Payment Under Protest for [Property Address]
Dear [Letting Agent's Name],
I am writing to inform you that I am making the upcoming rent payment due on [Date] under protest. This is due to the ongoing dispute concerning the property's condition, which I believe renders it unfit for human habitation.
Please note that this payment should not be interpreted as an acceptance of the tenancy or the property's condition. I am awaiting legal advice and reserve the right to contest the terms of the tenancy agreement.
Thank you for your understanding.
Sincerely,
[Your Daughter's Name]
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Make sure to include any specific details relevant to your situation.
That's great and very similar to one of the options we received from the intermediary legal company (between insurer and solicitor). The options were to withhold the rent and risk breach of contract or pay under protest which seems to be the best option to us.
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Paying under protest is indeed a cautious approach to avoid breaching the contract while you await legal advice. It's good that you have legal insurance and a law firm evaluating your case. If there's anything else you're uncertain about or need further guidance on, feel free to ask!
Thanks!
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It seems you're handling the situation well by considering paying the rent under protest while waiting for legal advice. This approach mitigates the risk of breaching the contract. If you need any more guidance or have other questions, feel free to reach out.
Does an internal reception room in a basement flat with no external window nor purge ventilation contravene UK Housing health regulations
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In the UK, housing health and safety regulations require adequate natural ventilation and light.
- A room without external windows or purge ventilation may contravene these requirements.
- Review the Housing Health and Safety Rating System (HHSRS) and consult local authorities or a housing lawyer for specific advice.
Has the letting agent responded to your concerns about the property's conditions?
The agent is trying to browbeat my daughter to accept works to the flat - not the windowless reception room. There is an internal bathroom with no mechanical ventilation nor space heating, There is mold everywhere...
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It sounds like your daughter's situation involves several potential health and safety violations. Here are some points to consider:
- The absence of ventilation and space heating in a bathroom may breach housing regulations.
- Mould presence indicates potential health hazards and inadequate maintenance.
It might be beneficial to contact the local environmental health department to inspect the property. Have you considered involving them or taken any other steps to address these issues with the agent?
We have considered that but are concentrating on the solicitor first. We will do that if the solicitor recommends it but don't want to do anything without his advice.
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It seems like you're on the right track by focusing on getting advice from your solicitor. Given the potential violations, involving the local environmental health department could strengthen your position if the solicitor advises it. If you have more questions or need further guidance, feel free to ask!