Short Hold Tenancy Agreement - Want to End.

j2dao2dae

Hi there!

I am after some help, desperately !

I recently moved in a small 1 bedroom flat with my partner. We signed a short hold tenancy agreement. After living here for roughly 3 months we feel it has got to a state we have to move out. This is due to finance and a number of personal reasons.

I am aware that by law there is not much we can do regarding this. We had the landlord around who seemed to be so understanding of the situation and even mentioned about doing summer lets and it would fall into his hands. He offered there and then a 1 month notice we could give him then move out. We didnt fully understand this so said can it be done sooner. He stated he would have to go away and think about this and to put all of my feelings, thoughts and ideas into a letter - i did this.

After waiting a couple of days for a reply we have discovered he has done a complete U-turn and is now stating we have to stay there for the 6 months and pay up... This was a shock to us due to him saying about the 1 months notice etc.

As stated above I am aware that by law he can do this, however... we are first time renters (straight from parents houses) and did have a massive concern and a huge amount of problems when we first moved in:

The dishwasher did not work, this was fixed 2 weeks after reporting - is this a reasonable time?

It is a listed building - We have massive condensation problems, he stated he would get secondary glassing however has not done this, his reason being the weather has improved - we still gets lots of water !!!

Mold - This grows in the bathroom due to no extractor!

The Shower - This was reported 2 days after moving in. We have to play around for 15 - 25 minutes to get it working, sometimes this even fails. Very annoying when you are trying to get to work.

Electric Bill / Boiler problems - As mentioned we live in a 1 bedroom flat, there was a problem with the boiler and the landlord has a local company come and fix it due to the electric bill going off the scale. It was basically heating the water all day and being on ECO7 this was a nightmare. He did mention he would pay towards this as it wasn't our fault and a timer was fitted to control things. He is now saying that no fault was found so he is not paying, WHY WAS THE TIMER FITTED? We have just received the bill, £261.00 for 3 months... yes that's right for a 1 bedroom flat!

Me and my partner are currently camping out / staying at my parents as this has got to much and we are still paying bills for the flat. We need things to be fixed as I am at rock bottom.

Can anyone please shed some light on this please?

Thank you.

N79

j2dao2dae wrote: »

The dishwasher did not work, this was fixed 2 weeks after reporting - is this a reasonable time?

Yes

j2dao2dae wrote: »

It is a listed building - We have massive condensation problems, he stated he would get secondary glassing however has not done this, his reason being the weather has improved - we still gets lots of water !!!

You have only been there a few months. Major renovations like this are usually done between tenancies or on a fixed schedule.

j2dao2dae wrote: »

Mold - This grows in the bathroom due to no extractor!

Do you open the window?

j2dao2dae wrote: »

The Shower - This was reported 2 days after moving in. We have to play around for 15 - 25 minutes to get it working, sometimes this even fails. Very annoying when you are trying to get to work.

Very annoying indeed and should be repaired. Has LL taken steps to repair and have you reported in writing. Either way it does not affect the fact that you have signed a 6 month agreement.

j2dao2dae wrote: »

Electric Bill / Boiler problems - As mentioned we live in a 1 bedroom flat, there was a problem with the boiler and the landlord has a local company come and fix it due to the electric bill going off the scale. It was basically heating the water all day and being on ECO7 this was a nightmare. He did mention he would pay towards this as it wasn't our fault and a timer was fitted to control things. He is now saying that no fault was found so he is not paying, WHY WAS THE TIMER FITTED? We have just received the bill, £261.00 for 3 months... yes that's right for a 1 bedroom flat!

Your electricity usage is your usage and is nothing to do with the LL. Electric boilders are very expensive. You could turn the boiler of when not in use of the cost is too great.

If you are looking for a reason to avoid paying the 6 months of rent then I am afraid that you have not got one here. I would suggest you try to negotiate with the LL for early surrender where you pay the rent until a new tenant takes up residence. You will need to offer to pay the LL's advertising costs as well. Another option would be for you to find a new T yourselves and propose them to the LL.

tbs624

j2dao2dae wrote: »

It is a listed building - We have massive condensation problems, he stated he would get secondary glassing however has not done this, his reason being the weather has improved - we still gets lots of water !!!

Mold - This grows in the bathroom due to no extractor!..

You need to look at what you can perhaps do yourselves to improve this - see here.

The local council private sector rentals officer can arrange for the property to be assessed under the HHSRS (Housing Health & Safety Rating System , but they would also look at the sort of issues in the link and talk to you about those before pushing for action from the LL.

N79 has answered your other queries: showers and dishwashers do break down whether you are renting or whether you own a property, but always put any repairs issues in writing to the LL and keep a copy.Follow up any verbal discussions with a letter from confirming your understanding of what was said and, again , keep a copy.

You will probably need a reference from your LL to take up another rental so looking to renege on your 6 month tenancy is probably not the best way to secure that, however pressing your "personal reasons" may be.

On the subject of fuel costs, were you shown an Energy Performance Certificate for this property, prior to you moving in?

j2dao2dae

Hi,

Many thanks to you both, any help is appreciated so much.

I do understand where you are both coming from and you have been so helpful. I just want this all fixed / improved and for a positive outcome be archived.

I am just very aware now that everything has to be recorded or put in writing first.

No we did request a bit more information regarding costs of the heating / energy as we had no idea of costs being it our first move etc. The LL said he didn't know and didn't have any to hand, being young we thought that was that.

It just seems the LL is telling lie after lie. He did agree / offer to say a month to move out etc is fine but this doesn't seem to be the case as he has done a huge U-turn. I want everything in working order as you can picture, i am very angry also I pay £500 a month, I am a young man and this is so much money to me. I just feel he is pushing me about due to me not knowing the details of everything, this is my own fault in a way.

tbs624

Okay, well first up - your LL can be fined two hundred quid by the local Council Trading Standards for failing to provide an Energy Perf Certificate for a rental to new tenants beginning after 1st Oct 2008 Doesn't apply if T previously in occupation at the property
( He would also be ordered to get the EPC done now, not that that will help you)

You do have to accept that the repairs issues are separate to your contractual obligations for the Fixed Term, which also include things like paying Council Tax/water bills..You *can* leave but you would be expected to help by paying advertising costs/the LLs other "reasonable" costs involved in finding a suitable replacement T. The u-turn on you leaving early may be down to the fact that he has checked his own legal position or that he is aware that the property will be difficult to re-let.

LLs do have to see to repairs within a "reasonable" period of time, once they have been notified by the T and you say that there was a "problem with the boiler"? If a T reports a problem with a boiler a LL has to get it checked out - it's part and parcel of being a LL. He can't dump his repairing obligations onto you as the T and he can't simply present you with a bill for work he or his workmen have undertaken.

However, when a LL won't get repairs done there is set procedure under which the T can themselves obtain 3 quotes, present them to the LL and ask for him to get the work done by a set date. If the LL doesn't do this, the T then tells the LL that s/he will use the lowest of the three quotes and get the job done. You then present the LL with the bills and ask for re-reimbursement and, if this is not forthcoming , you tell the LL that you have to deduct the said amount from your next rental payment. This is not about "withholding" the rent, which can lead to you being evicted: it should only be used as a last resort and preferably with guidance from an appropriate local adviser.

Make an appointment at the local council - the private sector rentals team mentioned before usually has a designated Tenancy Relations Officer and she can help you if you think that the LL is trying to take advantage. TRO's are very busy but persist.They can liaise with the LL on your behalf if necessary.

When you have some spare time have a trawl through the Sticky Guide to Renting up at the top of the board . You can also talk to the Shelter helpline on 0808 800 4444

N79

j2dao2dae wrote: »

It just seems the LL is telling lie after lie. He did agree / offer to say a month to move out etc is fine but this doesn't seem to be the case as he has done a huge U-turn. I want everything in working order as you can picture, i am very angry also I pay £500 a month, I am a young man and this is so much money to me. I just feel he is pushing me about due to me not knowing the details of everything, this is my own fault in a way.

And from your original post

He offered there and then a 1 month notice we could give him then move out. We didnt fully understand this so said can it be done sooner. He stated he would have to go away and think about this and to put all of my feelings, thoughts and ideas into a letter - i did this.

I do not know the specifics but we only have your one side of the story. Even on your own telling of the story I am struggling to see how the LL has acted terribly.

You stated that the LL made a surrender offer of 1 month. You made a counter offer of less than 1 month (making a counter offer removes the original offer from the table unless all parties agree to reinstate it). LL asked for your counter offer in writing and time to consider it. LL decides to reject your counter offer. And now you accuse him of lying.

Please understand that you are in a very weak position with no rights to an early surrender. You need to negotiate with your LL to try to get the settlement you want. I suggested in my original post terms which may be acceptable to your LL.

You have also learnt the valuable lesson of informing LL's of repairs in writing. I'm afraid that even with no malicious intent and the best will in the world I can see how it could be possible that you and your LL failed to communicate over the shower problem. Maybe the conversation went something like this:

[in the middle of a call complaining about the cost of electricity]

You: We have to play around [with the shower] for 15 - 25 minutes to get it working, sometimes this even fails. Very annoying when you are trying to get to work.

LL: So it works but with difficulty.

You: Yes it is very annoying. It should be replaced.

LL: OK.

At this point you think you have reported the fault and the LL thinks you are just pointing out an annoying feature of the house which you dislike. Please understand that I am not saying that this did happen but that this sort of misunderstanding is very common which is why repairs must be informed in writing. I have made this mistake and it sours the relationship between LL and T for the rest of the tenancy. Given this misunderstanding you can also see why the LL wanted your early surrender proposal in writing for him to understand and consider.

In order to get what you want - an early surrender - I suggest you approach the LL in as helpful a way as possible as you are asking them to release you from your obligations. Good luck.

N79

tbs624 wrote: »

Okay, well first up - your LL can be fined two hundred quid by the local Council Trading Standards for failing to provide an Energy Perf Certificate for a rental to new tenants beginning after 1st Oct 2008 Doesn't apply if T previously in occupation at the property
( He would also be ordered to get the EPC done now, not that that will help you)

An interesting point - we do not know if an EPC was done or not. OP perhaps you could consider this as if it was not done then you could use this in your negotiations with the LL.

The EPC information about running costs is hopeless as a guide anyway.

j2dao2dae

Wow, thank you all very much. I am in debt to you all. I think I will speak to the LL again as recommended and see how things can be resolved. I am more then willing to help this just has got me really down (you dont want to do alot when your down). You all have brightened my day up so thank you all very much.

clutton_2

moving out of the parental home is very traumatic when the bills come in - and i cannot think of ANY one i know who did not experience shocks when paying their own way in life for the first time

this will also have taught you - READ every single thing you are asked to sign in this life - as

What I Sign Binds Me - is a good motto to have in this litigious age