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Legal advice on landlord not fulfilling clause on tenancy contract

(2 Posts)
Laurah1979 Tue 25-Apr-17 11:47:58

Last year we rented a house with a swimming pool. To be honest the rental costs are a big stretch for us and the swimming pool was a big draw in deciding to rent the property. On the last viewing before moving in, I noticed the pool liner looked very unsafe. The letting agent stated the pool was being fixed that week for when we move in. 2 weeks later we moved in. Pool not open and the liner not touched since our last viewing. After lots of emails back and forward and major delays, it was agreed the whole pool liner needed replacing. The plan was for it to be open this summer. We have had someone sent from the lettings agency to quote for a new liner. The landlord wasn't happy so wanted to do his own quote! The letting agents don't answer our emails so here we are approaching May with no pool for the summer...a proper first world problem I know! Last year landlord agreed to a very small rent reduction for the 3 months of summer we would have used the pool. We have now found a house to buy so will be handing in our notice and leaving in July BUT where do we stand legally on this. We haven't had use of the pool for our whole tenancy even though our contract states the landlord needed to open the pool. Is this a breach of contract and can we take this up legally and get compensation or shall we just leave and hope all our deposit gets returned? Hoping someone has some advice. Thanks

specialsubject Tue 25-Apr-17 12:52:45

assuming England/Wales:

deposit return is not a matter of hope, assuming it was protected - and if not you can sue for UP TO 3 x its value. Bears no relation to this issue.

yes, you had a contract to rent a house with a usable pool, and that is enforceable in the same way as if you had a contract to rent a house with 3 bedrooms and one was not usable.

contact landlord in writing - you are entitled to his/her details. Phone letting agent and go up ladder from work-avoiders to manager if you don't have the landlord info. Tell the landlord that he/she is paying workshy hair flickers.

guessing small claims. Meantime make sure you give your notice correctly. If you are on a rolling contract it is one month from you. If you are still in your fixed term you don't need to give any notice as long as you are gone by the end, but in practice you need to arrange checkout and it is wise.

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