Getting out of my tenancy agreement early

AndrewLondon · 1 August 2008 at 8:27AM

Hi there!

I currently live in a two bedroom flat in Acton (West London). I moved in with my brother. I've been here since 1st December 2007 with an 18 month contract. I have a 12 month break clause which means the earliest I could move out is March 2009 (I must give two month's notice). My tenancy agreement says that I cannot move out before the end of the agreement, else I will be liable for the rent until the place is let.

The problems started the day we moved in.

The property was not cleaned as promised, including a urine stained mattress
There is a mice infestation
The toilet was blocked (And it lasted for 2 months! We had to plunge sewage after every flush)

So we were pretty fed up with the place from the start. Then a few months ago my brother lost his job and didn't really make any effort to get a new one, so I asked him to leave. So since around April I've been living alone paying for a two bedroom flat I can't afford. I planned to find someone else to take his place (and I also wanted to save money by having smaller bills and less food!) but then my landlord said she would be selling.

I was hopeful! I thought I'd finally get out of here. And plus if I was happy to move out once the sale had completed then she would reduce the rent by £163.33 per month. Although this means I have to stay home at the weekend to accommodate viewings. It's been on the market for a while now (since the beginning of June I think) and nobody has been interested. I'm not surprised really, especially with the current market.

The letting agent - Ludlow Thompson - is terrible! e.g. I asked them to fix a leaky tap on the 8th July, but as of today absolutely nothing has been done. And I've chased them up a couple of times.

So what can I do to get out of this place?

The longer I stay here, the bigger financial mess I am getting myself in to. I cannot afford to spend £1213.33 on rent, £160 on council tax and £150 on utility bills! I am basically wrecking my future by having no savings and damaging my credit file. And it wouldn't be half as bad if I was happy with the flat.

Anyway, thanks for reading. I hope you can suggest something

mrscruffy · 1 August 2008 at 8:41AM

You sound in a right pickle.

http://www.adviceguide.org.uk/index/family_parent/housing/private_sector_tenancies.htm#Repairs

Get proper (but still free) help.

Citizens Advice Bureaux provide free, confidential and independent advice from over 3,000 locations including in bureaux, GP surgeries, hospitals, colleges, prisons and courts.

http://www.citizensadvice.org.uk/index/getadvice.htm

moneysavinmonkey · 1 August 2008 at 9:29AM

Normally to get out of rental agreement you need to get the landlord to readvertise + cover his costs ,then when he finds new paying tenants your liability ends... however it's going to be pretty difficult to get new tenants with the property up for sale + not in the best condition.

Is the property now cleaned satisfactorily + mattress replaced?

- Mice infestation is usually the fault of the tenants (or perhaps previous tenants) keep all food in sealed containers, block up holes and they will go away. If you want you can put down trap or poison.

- I don't know if this is true of all tenancies but in my agreement it states I am responsible for blocked toilet + changing washers on taps + lightbulbs etc

so maybe some of the things you have complained of you could/should have dealt with yourself.

Citizens advice bureau can be a bit useless with housing things. You are better off trying your local Council Tenancy Relations Officer (for private tenancies not council ones) or phoning shelter.

I think your options are:
1) make up with your brother get him to come and pay rent (he is still jointly liable technically)
2) find a friend/lodger to share with
3)try negotiate early end of your tenancy with landlord
4) get yourself evicted somehow - could have repercussions though!
5) put up advert in local shop/paper to advertise whole of property to let

tbs624 · 1 August 2008 at 9:52AM

AndrewLondon wrote: »

.....I currently live in a two bedroom flat in Acton (West London). I moved in with my brother. I've been here since 1st December 2007 with an 18 month contract. I have a 12 month break clause which means the earliest I could move out is March 2009 (I must give two month's notice).

Those dates don’t seem to be right - if you moved in on 1st Dec 2007, then 12 months is up on 30 Nov 2008, so not sure how you get to March 2009. What is the exact wording of the break clause regarding timing & period of notice?

AndrewLondon wrote: »

My tenancy agreement says that I cannot move out before the end of the agreement, else I will be liable for the rent until the place is let.

This is true although you can get the LL to agree to let you leave earlier if a new acceptable tenant can be found.

Has your tenancy deposit, if you paid one, been scheme registered and has your LA/LL given you the necessary info on the scheme as required by law? ( this is important because it *may* provide room for manoeuvre.)

AndrewLondon wrote: »

The problems started the day we moved in.
The property was not cleaned as promised, including a urine stained mattress

There is a mice infestation

The toilet was blocked (And it lasted for 2 months! We had to plunge sewage

after every flush)

Was there an inventory done at the start of the tenancy and if so did you note all this down before signing it?

AndrewLondon wrote: »

So we were pretty fed up with the place from the start. Then a few months ago my brother lost his job and didn't really make any effort to get a new one, so I asked him to leave. So since around April I've been living alone paying for a two bedroom flat I can't afford. I planned to find someone else to take his place (and I also wanted to save money by having smaller bills and less food!) but then my landlord said she would be selling.
.......if I was happy to move out once the sale had completed then she would reduce the rent by £163.33 per month. Although this means I have to stay home at the weekend to accommodate viewings. ……

Is this arrangement confirmed in writing?

Asking your brother to leave was maybe not the best move, as even without a job he could probably have got some help with his share of the rent. Depending on the type of ASt agreement you have & how that was arranged he may still be liable for a portion of the rent, but if he has no job you'd probably struggle to recoup any costs there.

AndrewLondon wrote: »

I asked them to fix a leaky tap on the 8th July, but as of today absolutely nothing has been done. And I've chased them up a couple of times.

The Landlord & Tenant Act 1985 S11 places a legal obligation on a LL to maintain their property - this covers things like plumbing/drains issues (unless it can be shown that the tenants caused the blockage themselves, in which case they usually have to pay).

Always, always, put repairs request in writing, keep a copy, & either send rec delivery or by hand.

Check on the Council website whether their pest control officers will come out for no cost to sort out the mice, or find out how much they charge. If you didn’t let the LL/LA know that the mice were there at the start or unless you can show that the infestation is likely to be because of maintenance issues, you may have to pay depending on what if anything it says about mice/pests. Either way you can put the costs in a letter to the LA/LL and see what they say

Part of the problem will be that because you have had a reduction in rent, and the LL is trying to sell, then s/he will not want to spend money on the property: this does *not* mean that /she can evade any legal obligations though.

Have you told the council tax office that you are a single occupant, because you should be entitled to a discount?

You need to clarify the terms of the contract, & get the repairs issues sorted as a start.

My suggestion would be that you make an appointment asap to see the Tenancy Relations Officer on the private sector rentals team at your local council.

It won’t cost you anything and if necessary they can talk to the LL/LA to get matters resolved. They can also liase with the environmental health officer on mice, mattresses, drains matters.

You can also talk to Shelter - helpline 0808 800 4444, again their advice is free & housing matters are their speciality. Their website also has some template letters to help you get the LL/LA moving with repairs/maintenance.

tbs624 · 1 August 2008 at 10:01AM

moneysavinmonkey wrote: »

.....Citizens advice bureau can be a bit useless with housing things. ....

Sorry Monkey - realise that's your personal opinion but I think you're being a tad unfair.

Many tenants *do* get first rate support from the CABs on their housing issues, and the CAB has a long history of slogging away on campaigns to highlight to the Govt ,and others, the many difficulties experienced by tenants.

Recent tenancy deposit legislation is as a result of their work alongside that of Shelter et al.

moneysavinmonkey · 1 August 2008 at 10:13AM

tbs624... i've actually never used CAB as they only have a very limited service in my area. That in itself makes them useless to me. My view of CAB is mainly based on other MSE 'ers reports... there was even a thread running on this board yesterday.

I have contacted Shelter + TRO and both were really helpful.

Premier_2 · 1 August 2008 at 10:45AM

Hand's up who else thinks this is a wind up?

:hello: :hello: :hello: :hello: :hello: :hello: :hello: :hello: :hello: :hello:

Wow! I was almost knocked over by the wind caused then!

New member too - what a surprise! :rolleyes:

Why did you even move in with the mice infestation, blocked toilet and urine stained mattresses?

Why should the LL suffer just because you can't pay the rent now your brother has lost his job and can't be bothered getting a new one?

...and now, horor of horrors, you've got a leaking tap! Well if you allowed them 2 months to fix a blocked toilet, I don't expect they'll exactly send an emergy plumber out for a dripping tap, do you?

If you are living alone, you'd be entitled to a council tax discount of 25%. Does the £160pm include that discount? It doesn't sound like it at £1600 pa.
Look on the bright side - you won't need to pay any council tax for Feb & March

Debt_Free_Chick · 1 August 2008 at 11:21AM

Premier wrote: »

Hand's up who else thinks this is a wind up?

I would normally have agreed with you, but I suggested the OP post on this board re his other post on another board.

More here

sooz · 1 August 2008 at 11:35AM

Premier wrote: »

Hand's up who else thinks this is a wind up?

I don't.

Where the OP says he lives is a [strike]sh**h*le[/strike] less than desirable area. It's prone to flooding & sewage problems. So rodents wouldn't suprise me either.

The particular branch of the estate agent he mentions is awful.

AndrewLondon · 1 August 2008 at 11:44AM

Premier wrote: »

New member too - what a surprise! :rolleyes:

Actually I signed up about 2 years ago (and a few times since then) but never received the confirmation emails. So I created a new account with my gmail and that seemed to work.

Why did you even move in with the mice infestation, blocked toilet and urine stained mattresses?

We had a 5 minute visit, and the previous tenants obviously had sheets over their beds. The place was a complete mess, but they had mats over the huge stains on the carpets. We saw the potential and the letting agent told us that the entire flat would be deep cleaned. Why would we not believe him? And why would we randomly check the toilet? Do you move furniture around looking for droppings when you view a new place?

Why should the LL suffer just because you can't pay the rent now your brother has lost his job and can't be bothered getting a new one?

I'm not asking anyone to suffer. If the flat was in a good condition then I would get another tenant to share with me. Why should I take responsibility for anyone else?

...and now, horor of horrors, you've got a leaking tap! Well if you allowed them 2 months to fix a blocked toilet, I don't expect they'll exactly send an emergy plumber out for a dripping tap, do you?

I didn't ask for an emergency plumber. But I do expect such minor things to be fixed. Or maybe I should just leave water running when potential buyers are in the flat (trying to avoid the poison)?

If you are living alone, you'd be entitled to a council tax discount of 25%. Does the £160pm include that discount? It doesn't sound like it at £1600 pa.
Look on the bright side - you won't need to pay any council tax for Feb & March

No that doesn't include the discount.

Why would you bother typing such a ridiculous post?

To the rest of you, thanks for your advice so far!

Premier_2 · 1 August 2008 at 12:02PM

AndrewLondon wrote: »

We had a 5 minute visit, and the previous tenants obviously had sheets over their beds. The place was a complete mess, but they had mats over the huge stains on the carpets. We saw the potential and the letting agent told us that the entire flat would be deep cleaned. Why would we not believe him? And why would we randomly check the toilet? Do you move furniture around looking for droppings when you view a new place?

I certainly spend more than 5 minutes looking at a property, unless it's a thanks but no thanks response. 30 minutes the first time, possibly an hour plus on a request for a second viewing. And as long as it takles to meticulously run though an inventory /statement of condition upon rental.

AndrewLondon wrote:

No that doesn't include the discount.

Why would you bother typing such a ridiculous post?

Ridiculous?

I've just saved you 400 quid a year, if you'd care to take my advice! :eek:

Oh well, just goes to prove you can't please some people

Getting out of my tenancy agreement early

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