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Student Tenancy. Help needed to end agreement on 1st day

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  • Student Tenancy. Help needed to end agreement on 1st day

    My daughter signed the attached agreement and on arrival, the room smelled of damp and had water ingress, wallpaper hanging off the wall and mould on the wall and around the window. Kitchen and another bedroom all in the same state. Maintenance contractors have confirmed water ingress and now fixed guttering/roof. The agent knew about the issue as a dehumidifier in place in January but are saying they have 4 weeks to rectify at the beginning of new tenants contract. Daughter super stressed and I moved her to a hotel. I believe this should have been rectified prior to her moving in. Unipol says 33 Winston Gardens Contract.pdf the room was wet but now fixed and thus not uninhabitable despite paper off walls which are waiting for replastering and decoration. In the kitchen plaster off and back to brick and mouldy kitchen units bleached!!! Issue not new, ceiling braced in order to prevent sagging. Maintenance confirmed previous poor repair done in the same area. I want her out of this contact and able to move somewhere damp and mould free. A clause in the contract states washing must be dried in her room!!! poor ventilation and the window opener are broken. Have pics of the room if needed.

  • #2
    Has your daughter taken any photos of the state of the premises?
    Can witness statements be obtained form the contractors?

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    • #3
      Originally posted by efpom View Post
      Has your daughter taken any photos of the state of the premises?
      Can witness statements be obtained form the contractors?
      Yes we have photos, I can track down the contractors, I spoke to them via facetime and ask for a written statement (but they are sub contractors of the letting agency). Unipol argues that because the water ingress has been fixed the hanging wallpaper and musty smell are ok and the wall will be replastered and decorated and therefore the room is habitable. They will not support us ending the tenancy. They advised my daughter to advertise her room for a new tenant and until then she is liable for rent. I will resize pics so I can post them here. How can she advertise a room smelling bad with wallpaper hanging off and black mould spores around the window frame and under fixings?

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      • #4
        Post the pics on a hosting site such as imgur and post the pink on here

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        • #5
          Contact the environmental health stress urgent if applicable damp damaging to health they will resolve the debate pronto as to whether asthethic or health concerning and if they say unsafe contract expired if they say safe and asthetic then sorry yes she would be liable too may poor standards of accomadation and LL expecting people to put up good luck please update site on outcome

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          • #6
            There is an implied common law duty for a property to be habitable at the start of the tenancy if it is furnished, if it isn't fit then there are grounds for ending the tenancy. (see Smith v Marrable).

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            • #7
              This is serious. You can write about this situation in the student newspaper to warn other students from such situations. If you need help writing the situation, go to the site Writing Judge and select a service that will easily write you a text on any topic. I hope that such situations do not happen again with anyone.
              Last edited by Jeyson; 22nd July 2020, 11:08:AM.

              Comment


              • #8
                All Answers Ltd. (November 2018). Smith v Marrable (1843). Retrieved from https://www.lawteacher.net/cases/smi...843.php?vref=1

                Comment

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