Landlord Breach of Tenancy Agreement?

chandlerdesign

My girlfriend has moved out of her rented property a couple of months ago, although the tenancy agreement doesn't end until the end of july 2009. It is a ground floor room within a house, shared by 3 others. We have been looking for someone else to take over the tenancy but to no avail as yet (they see the state of the place and run a mile). She has continued to make her rental payments as usual as we understand her obligations under the tenancy agreement.

In the agreement it states that the landlord required 24 hours notice before entering her room to carry out any maintenance work etc. We went round to the house yesterday to find that her room door has been replaced, no longer had a lock on the door, and her room had been totally trashed as it was being used as a workshop for his workmen to replace all the doors within the property. This potentially cost us the chance for someone to take over the tenancy from us but that is beside the point. When we contacted him he said he would move the stuff out and clean up the room by tonight. However, as far as I am concerned he has broken the contractual agreement by breaching it not giving any notice or receiving permission that it is acceptable to use the room in this way. Do you agree? If this is the case we want to look at legal action to end the contract as he has already broken it - but a, unsure of what costs we would incur. My thoughts were that instead, if we cancel the direct debit and refuse to pay any more rent he will chase the guarantor (myself) for the rent. At which point I will inform him that he broke the contract and if he wants to take legal action I will counter it at that point.

Do you agree this is the best/most cost-effective tact? It seems that as a tenant my girlfriend id everything by the book, yet the landlord can do what the heck he likes?! Your advise would be most appreciated.

sooz

chandlerdesign wrote: »

My girlfriend has moved out of her rented property a couple of months ago, although the tenancy agreement doesn't end until the end of july 2009. It is a ground floor room within a house, shared by 3 others. We have been looking for someone else to take over the tenancy but to no avail as yet (they see the state of the place and run a mile). She has continued to make her rental payments as usual as we understand her obligations under the tenancy agreement.

In the agreement it states that the landlord required 24 hours notice before entering her room to carry out any maintenance work etc. We went round to the house yesterday to find that her room door has been replaced, no longer had a lock on the door, and her room had been totally trashed as it was being used as a workshop for his workmen to replace all the doors within the property. This potentially cost us the chance for someone to take over the tenancy from us but that is beside the point. When we contacted him he said he would move the stuff out and clean up the room by tonight. However, as far as I am concerned he has broken the contractual agreement by breaching it not giving any notice or receiving permission that it is acceptable to use the room in this way. Do you agree? If this is the case we want to look at legal action to end the contract as he has already broken it - but a, unsure of what costs we would incur. My thoughts were that instead, if we cancel the direct debit and refuse to pay any more rent he will chase the guarantor (myself) for the rent. At which point I will inform him that he broke the contract and if he wants to take legal action I will counter it at that point.

Do you agree this is the best/most cost-effective tact? It seems that as a tenant my girlfriend id everything by the book, yet the landlord can do what the heck he likes?! Your advise would be most appreciated.

If she's not living there, how does she know that he didn't give her the correct notice to come round & do work? He could have put a note under her door, giving her the required notice, & asking her to contact him if it was an unsuitable time.

I think your main point would be that this potentially lost you a replacement tenant. Has the LL been trying to find new tenants too?

Could you not speak to him about surrendering her tenancy, rather than stopping payments, & both start suing eachother?

dgl1001

a difficult one. If a party is in breach of a contract, then they must rectify the breach, which he has done. OK, he didn't ask for consent, but it was a one off and he would have retified the mistake as quickly as possible. This one breach does not mean the agreement falls away

chandlerdesign

It is in the contract that he will give notification by email at least 24 hours before entering the property. This was always adhered to.

Either way there was no right for him to turn the room upside down and use it as a workshop when she has the right to live in that room or not... as the rent is paid!

what has really happened is that he knew she wasn't there and thought he could get away with it basically!

poppysarah

If she's paying rent she should be able to use the room.
If the landlord were to let her out of her contract then that'd work...

clutton_2

. how much is the rent ? are all the tenants on the same agreement ? - if so, they Could be lumbered with paying any rent your girl friend does not.

real1314

"We went round to the house yesterday to find that her room door has been replaced, no longer had a lock on the door, and her room had been totally trashed as it was being used as a workshop for his workmen to replace all the doors within the property"

Well, I'd say that in doing that he's changed the rules. It's not that he hasn't given notice, but that HE has used the room for his own appointed purpose. I would be surprised to see a court uphold his right to charge rent after this event took place, but it's just my opinion. The notice period is a red herring imho.