The tenant entered into a one-year assured shorthold tenancy of a London flat from September 2022 with rent of £12,900 payable in two instalments. On move-in day the previous occupants were still packing and the property was unclean. From the start the tenant experienced low water pressure, flushing failures and, over time, blocked bath and toilet with mould growth. The tenant has dated photographs and WhatsApp logs documenting repeated promises from the agent, whose latest email of 16 March 2023 demanded the second rent instalment, which the tenant now refuses after securing alternative accommodation.
The tenancy agreement contains express repairing covenants, reinforced by the landlord’s statutory obligations under section 11 of the Landlord and Tenant Act 1985 and section 4 of the Defective Premises Act 1972. To trigger liability, the tenant must serve written notice of the disrepair, allow a reasonable period for remedial works and provide access for inspection. Failure to repair after notice gives rise to potential rent abatement, damages or injunctive relief, subject to proportionality and the nature of the defects.
The tenant should compile all evidence of disrepair and all correspondence with the agent, then send a formal open letter giving written notice to the landlord to remedy the defects without delay. If the landlord does not comply, the tenant may pursue self-help deductions, a damages claim or seek an injunction for breach of covenant. As an alternative to litigation, the tenant can propose an early surrender of the tenancy by written agreement. Counsel will confirm a fee estimate and detailed next steps by separate email.
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