Tenant rights and safety.

Tenant rights (health and safety)?

• I was wondering if anybody on here could help me understand my legal rights as a tenant. A month ago I signed a tenancy agreement for a new flat. I viewed the property (briefly) and saw that it was in a state of disrepair, but didn't think it was anything more than superficial wear and tear. However, when I moved into the property a few days ago, I found the conditions totally unsanitary and uninhabitable. Firstly, the stench was unbearable. There was only ONE small window in the entire property, and that could only be opened about two inches due to the bars outside. There was no ventilation at all in the property, and the only way to let air in (other than the small window in the bedroom) was to open the front door. The whole area was thick with dust and cobwebs, and infested with spiders. There was lots of mould and all kinds of other unpleasantness all over the walls (crystals, etc). There was also a lot of junk left by the previous occupant, glass on the floor, etc. I went to my letting agency and told them that I couldn't live there. Their attitude at first was, "you viewed it and you signed the contract, so it's tough." They then backed down a bit, and said they'd let me leave, but they'd keep one month's rent and the deposit to cover the cost of re-marketing the property, (although it shouldn't even be on the market). Anyway, after I said I was going to seek legal advice, they offered to put me up for a week in new accommodation and totally redo the property so that it was fit for me to go back in. To cut a long story short, because they took so long to find me another property (I had to spend the night at a friend's house), I decided I'd had enough and just took my belongings to move in with my family. I don't want the property any more; I just want my money back. The trouble is, I don't know much about the legal technicalities. The flat was a fire hazard and was totally unsanitary. Am I still obliged to follow the agreement, or is it somehow void under the circumstances or what?

• Answer:

  Properties must be in a tenantable condition, so if the property was in such a bad way it should not have been marketed. Unfortunately, some agents just don't give a S**t and just think of the money. Unfotunately - you did view the property briefly - that was your first mistake (I'm sure you've learned you lesson - lol) and you did sign the agreement. You can kiss goodbye to your first months rent - but I would argue about the deposit: First make sure it is with a government approved scheme such as the Deposit Protection Service. If it is and the agent tries to claim it you can disagree and take it to arbitration. Keep copies and notes of letters and telephone conversations. Hopefully you have a inventory/schedule of condition and photographs? Write a formal letter of complaint to the agent - listing all of the problems and inform them that you are contacting environmental health (do it). Tell them you will be applying to have your deposit refunded in full to you and you do not expect them to disagree. The local authority can serve a notice on the Landlord to have repairs carried out within a time period.