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Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.What constitutes landlord's breach of contract ?
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repairs, and notice to quit, are two entirely separate issues in law.
you have signed a legally binding contract to rent for 12 months - you are legally bound to pay for 12 months - unless there is a 6 months break clause in the agreement.
you can negotiate with the landlord for an early release - but he is under no legal obligation to agree.
i cannot condone lack of repairs - accept the excellent advice given earlier in this thread - but you cannot use these issues to get out of your contractual obligations.0 -
Hi, Whilst at University, my son and his 'friends' decided to rent a house. He signed the rental agreement (I signed as guarantor), he paid rent for July and August 2008 in advance. In June, my son decided to drop out of University and so never even moved into the property. In September, I received a letter from the landlord reminding me about the rent I had to pay (as guarantor) I paid Sept/Oct/Nov208. During this time I asked for a set of keys to the property as I believed the'friends' to be subletting the property. We are now in December, I still have no keys or access to the property, yet I am paying £277.00 a month. Decembers rent was due yesterday. Have I any right to withold rent until I receive keys to enable me to access the property? Anyone know where I stand, legally?0
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You, as guarantor, are not entitled to any keys or have access to the property.joanne1965cat wrote: »Hi, Whilst at University, my son and his 'friends' decided to rent a house. He signed the rental agreement (I signed as guarantor), he paid rent for July and August 2008 in advance. In June, my son decided to drop out of University and so never even moved into the property. In September, I received a letter from the landlord reminding me about the rent I had to pay (as guarantor) I paid Sept/Oct/Nov208. During this time I asked for a set of keys to the property as I believed the'friends' to be subletting the property. We are now in December, I still have no keys or access to the property, yet I am paying £277.00 a month. Decembers rent was due yesterday. Have I any right to withold rent until I receive keys to enable me to access the property? Anyone know where I stand, legally?
However, your son as a tenant for which you are paying rent is entitled to keys (assuming the TA has not been ended)
Rent is due in full on the day specified in the TA."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
You, as guarantor, are not entitled to any keys or have access to the property.
However, your son as a tenant for which you are paying rent is entitled to keys (assuming the TA has not been ended)
Rent is due in full on the day specified in the TA.
I can only assume that the tenancy agreement has not been terminated as I have had no written correspondence indicating that it has, nor when I spoke to the landlords office (in Belfast) did they say that it had. My son has never dealt with these people, it has ALWAYS been me. On the three occasions that I requested the keys, they said that they would get on to the lettings agents (in Manchester) and get them to forward them to us. Incidentally, my son lives back at home and so the keys would be addressed to him - not to me.0 -
the flat i am renting has scafolding outside the building which has men working from 8o'clock in the morning onwards. we have been suffering from leaking through window sills of 2 of the bedrooms which has caused damp floors, mould and a bad smell. it states on the contract that the flat should be wind and water proof. we have been suffering from this for months, the landlord took away are rent for a couple of the months and now has told us that he is moving us to bedsit for a couple of months while work is being done on the flat, where we will be charge more than our normal rent or we can stay at a friends and pay no rent. do we have the right to cancel the contract?? we are all third year students living in the property and as you can imagine this is added stress. anyoen have any suggestions??0
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OP the specific points of law relating to the LL & tenant relationship would take precedence over contract law. So I'd doubt you'd get very far seeking redress under the latter.Opinion, advice and information are different things. Don't be surprised if you receive all 3 in response.
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MarshallM: Can you please start a new thread instead of dragging one up from 2008? Thanks. Presumably you have read this thread and now know you need to put your complaints into writing to the landlord, and cannot simply terminate the contract.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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