Can I get out of my tenancy contract?

meka_2

I moved into my property 6 months ago with my teenage son and baby daughter, in that space of time six balliffs have knocked on the door looking for the owner, the house has had two repposession orders given which my landlord has sorted out about two days before they were to go to court this put me through months of stress. The boiler didn't work and I only had lukewarm water for two months, the thermostated taps in the bathroom didn't work and I had to use a hose pipe to fill the bath for five months. We are having to live upstairs most of the time because the radiators only get the downstairs upto 15 degrees and due to heating bills I can not have the heating on for longer than six hours a day which means the downstairs (open plan) is averaging 12 degrees. I have involved enviromental health and up till now the boiler and the taps have been fixed but they took a long time due to the landlord refusing to payout, there are other works needed to be carried out on the instruction of Enviromental Health but he doesn't answer his calls or emails from the letting agents. All in all the last six months have been a nightmare, I'm a single mum,my son is just about to do his GCSE's and my daughter is crawling, I can't have all this stress and I certainly do not get "Quiet Enjoyment", the letting agents are reluctant to move me to another of their properties mid tenancy stating I would be breaching the contract, probably because I want to do this without paying their Letting fees and I think they just want me to stay put till the end of contract and then say they won't be renewing and I will be out of pocket £400 in letting fees and in a situation to find a new home or homeless.

Has the landlord breached the contract?

Horace

See if you can speak to the CAB regarding the landlord as they may be able to offer some free legal advice.

I thought that most tenancy agreements lasted for 6 months as long as you paid the rent and that you only needed to give a month's notice of your intention to leave.

Start looking for something else so that you at least have something to move to - I think there are some agencies who deposit rental money into an account so that your deposit is protected. Use a different letting agency.

Doozergirl

How long is your contract for? If it is for 12 months, you might find a 6 month break clause in it.

Read through your tenancy agreement and copy and post us up anything that looks relevant to the length of the tenancy and the notice periods you have to give - we'll be better able to help if we know what it says

clutton_2

ask your local council private sector housing officer for help in getting a "bond" or deposit to enable you to move on to a different property. its only a m atter of time before the landlord is repossessed and a court gives you 28 days to move out

or

wait till that happens and the local authority has to provide you with emergency accommodation

i would choose the first option if it were me - the more you take charge of your own life the better it feels

best of luck

tonyhamm

Quite enjoyment of your home is an important right. Its enshrined in the human rights act and appears all over the western world in relation to tenancy.
You may be able to take the letting agency/landlord to court, under article 8 of the Human Rights Act for having to live under such stress, if you can demostrate these events interfered with your right to privacy and respect for your home.
Of the top of my head, I believe any poor conditions have to be reported by letter - formally - which then leaves the landlord to respond within a resonable timeframe or you can move out and charge the landlord the price of alternative accomodation as he has breeched his contract.
The whole area of landlord tenant law depends on the type of tenancy you have, and many other factors, so you will have to seek proper advice bearing in mind the above points when you approach someone - I think a lawyer should be better than a CAB but you will have to make sure they are experianced in housing law. .

cooltt

Hi there
There are a couple of good points here but a little confusing to you i'm sure.

In answer to your original question, simply yes. You have more than enough reasons to terminate the agreement. It's a very simple process you just write your landlord a letter listing the reasons why you feel you have not been able to "quietly enjoy your property" and infrom him that you are terminating the agreement with imediate effect. You also inform him of the date you intend to move out at the same time. He will most definately threaten to take you to court but if you feel you are justified in your actions then you don't need to worry since a county court judge will most definatley find in your favour and it won't cost you a penny. He may even make the landlord repay your rent.

Not having "quiet enjoyment" and waiting "unreasonable" amounts of time for repairs to be carried out are the two main ways of getting out of a tennecy agreement early. I'd say you most definatley tick both boxes.

I did this recently with an agency and they threatened all sorts. i told them that i would be more than happy to stand in front of a judge and inform of the appalling way i was treated by them and the landlord. Suprise suprise it never went to court. I left the property the date i had stated, my bond was returned in full within 10 days (when they said they would keep it), no further action.

Don't stress any longer just write the letter stating the reasons your terimating the agreement, when you intend to vacate the property and when you expect the bond to be returned. Do not argue with him or write him anymore letters after that just carryout your actions.

Regards