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Mum just collected keys to new rental property - dirty, unsafe mess!
Hi I’m in need of some advice please. My mum has today collected the keys to her new rental property (rented through an agent). Upon arrival at the property, it is absolutely filthy and really smells.
Has your mother actually taken possession and moved in? It is only at this point that the tenancy commences - up to that point there is just a contract for a tenancy and if either party breaches the contract (e.g. T doesn't move in or LL doesn't let T move in) then the other party has an obligation to mitigate its losses.
There is also a possible case to argue a repudiatory breach of contract, e.g. if your mother had discovered that the bathroom had been removed (extreme example!).
I am not sure that the house being filthy and full of unwanted items from the previous tenancy is enough to repudiate the contract. Your mother might, for example, be entitled to remove the unwanted items and charge LL for the cost of removal - but it really depends on what was agreed (and what she can prove was agreed).
