breaking a rental contract?

plzsm

hello
we sold a month ago and moved into a rental - an old farm house
seemed nice, however 4 weeks in we have a problem with masonry bees crawling through the bricks and getting into the house. Typically we are getting 5-10 a day. The main problem is we have a 18 month year old toddler and a pregnant wife who is getting stressed at the thought he might get stung (we find the bees in his room). The landlord has known about the problem and has tried to sort it in fairness, we have had 2 visits from a pest contractor over the last 3 weeks but it hasnt worked. We have given it 3 weeks to sort which I think is tolerant (we did think of leaving after a few days). In fact on one night we moved out and stayed in a hotel at our own expense. Anyway we have decided enough is enough and want out. We have told the landlord we want to break the contract and move out this weekend. We also want our deposit back. He said he would think about it. Are we being unreasonable or do you think we playing fair? My view is that as it stands the property is not fit for purpose. I worry he might refuse to let us out of the contract (6 month) until he finds a replacement which obviously could take a long time.. any thoughts appreciated

nementai

http://www.chelmsford.gov.uk/index.cfm?articleid=13990&articleaction=print

Quick google tells me that they don't sting!
And, spraying doesn't work for them.
They only treatment is re-pointing, which is best done when they're not active, in late summer/early Autumn. Afraid that they're not viewed as a pest, so you're unlikely to be able to kick up too much of a fuss, IMHO.
Activity peaks in May, so with the early warm weather, you MAY be at the worst point and will have it improve very soon.

tbs624

nementai wrote: »

Quick google tells me that they don't sting!

They do sting but the sting is unable to penetrate human skin in the same way as that of other bees

nementai wrote: »

And, spraying doesn't work for them.

It can help but is best dealt with by a combination of spraying and repointing of the building, not least because their presence can damage the building. . The BRE (Building Research Establishment) advises:

The only effective treatment for masonry bees is for the mortar joints in the affected area of the property to be raked out and repointed. The joint should be raked out to a depth of 15 mm and repointed with an appropriate mortar that is not too strong for the bricks, but hard enough to discourage the bees (4:1 sand/cement is a typical industry standard).

This work should, if possible, be carried out in late summer after the bees have ceased their activities, but before frost becomes a problem. Proprietary insecticides may be used, but the degree of success is limited and cannot be guaranteed.

Make sure that you have notified the LL of the problem in writing (keep a copy) and point him in the direction of the BRE advice (excuse pun). Have a chat with the local env health officer and private sector tenancy relations officer at the local council. If the LL is failing to make repairs to mortar/brickwork that could help resolve the issue then they can liaise with him/her.

Unfortunately, the presence of the bees is unlikely to render your home as unfit for habitation or entitle you to renege on your contract. Your LL does however have a duty of care and stressing out pregnant Ts should be avoided at all costs - the LL needs to be taking *all* appropriate measures to combat the problem but it is important that you have put it all *in writing*

plzsm

thanks for this
especially as it is a different view point to mine
i would have thought that if a house has a bee infestation problem and you have a toddler you could demonstrate the house isnt fit for purpose. It obviously isnt as advertised. I actually would have thought we could be entitled to compensation for having to relocate again and hotel costs. We dont know if our child is prone to anaphalytic shock and dont really want to find out. The LL is trying to sort but as you said insecticide doesnt really work. I am struggling to see how we can continue living here for the next few months with bees coming through the walls. My wife is stessing that our son could get stung and overall isnt not nice. Its a tricky one. I should point out we pay a very high rent as well. Despite repointing I am not sure what the LL can do really other than repoint. If we move out who would want to move in with bees crawling everywhere? From our point of view we just want out. Hmmm.

thanks again though for the thoughts

clutton_2

all this is speculation - you talk of "may" get stung "could" get stung

the landlord is clearly trying his best to do something about it.

5-10 flying insects is not many in my view

"" I actually would have thought we could be entitled to compensation for having to relocate again and hotel costs."

i actually would have thought that the LL needs compensation (AND is legally entitled to marketing costs and rent until another tenant is found) for lack of rent - you will have broken a legally binding contract if you move out early and he is fully entitled to take you to court for outstanding rent (until a new tenant is found)

i think you have got his a bit out of perspective ....

cant you plug up the holes inside the house where the insects are getting in - until the LL finds a more permanent solution ?

moneysaver12

I have to say that i too wouldn't want to stay living in a house with bees coming in like this everyday. Hope you can get something sorted out and that you will be able to move out.

real1314

plzsm wrote: »

...It obviously isnt as advertised. - In what way is it not "as advertised"? Did they state that it was free of non-harmful insects?
We dont know if our child is prone to anaphalytic shock and dont really want to find out. They don't sting, so the kiddy won't have an anaphlactic shock from them. Yo seem to be over-reacting a bit - do you take your child out at all, 'cos there are bees out there in the open?

My wife is stessing that our son could get stung and overall isnt not nice.
They don't sting.

If we move out who would want to move in with bees crawling everywhere? Do you realise how many insects inhabit the average home?

From our point of view we just want out. Hmmm. Ok you want to move out, but really, looking at it, you haven't really got a strong case to do so at the LLs cost. If you want to move out, do so, but you'll probably still have to pay the rent.

thanks again though for the thoughts

I appreciate that your initial reaction may well have been to be quite alarmed, but given that they don't sting and therefore cannot harm you, your chil or your wife, which seems to be your main concern (understandably), you perhaps need to take a fresh look at things and at what the LL is trying to do.

PasturesNew

Unfortunately, if you've signed the AST you're obliged to continue paying the rent unless/until the landlord finds another tenant. You would also be liable for his expenses in finding that tenant (advertising, any agency fees, etc).

So, if you're lucky and the landlord lets you leave and advertises the property again, you might still be forking out rent for the next 1-2 months and, if an agent is involved, maybe a further month's rent equivalent to their fees.

It'd be a rare landlord that would let you walk and not cover his losses over your change of decision.

tbs624

plzsm wrote: »

....i would have thought that if a house has a bee infestation problem and you have a toddler you could demonstrate the house isnt fit for purpose...It obviously isnt as advertised...

I don't recall reading any property ads that list out mice, ant, slugs, bees, wasps, moths etc as part of the fixtures and fittings. For goodness sake get things in perspective.

plzsm wrote: »

I actually would have thought we could be entitled to compensation for having to relocate again and hotel costs. We dont know if our child is prone to anaphalytic shock and dont really want to find out.

The bees have a * soft sting that cannot penetrate human skin* : you are over-reacting. If there are more of them in his room than any where else, switch him to another bedroom for a few weeks.

plzsm wrote: »

The LL is trying to sort but as you said insecticide doesnt really work. I am struggling to see how we can continue living here for the next few months with bees coming through the walls.

It's not a horror film - they will be gone by the end of May, off pollinating as a good bee should.

plzsm wrote: »

My wife is stessing that our son could get stung and overall isnt not nice.

How many times - they won't be able to sting you or your child. Masonry bees are harmless other than to soft pointing in walls. See here for some info on bees complete with colour piccies

plzsm wrote: »

I should point out we pay a very high rent as well. Despite repointing I am not sure what the LL can do really other than repoint. If we move out who would want to move in with bees crawling everywhere? From our point of view we just want out. ..

Use it as an opportunity to teach your toddler about insect life , or s/he may grow to be one of those sad kids who flaps and squeals whenever anything comes near: bees are fascinating (and I say that as someone who has had a severe allergic reaction to those bees that do sting).

Is there something else worrying you and your wife about this property - have you overstretched yourselves financially or is the location not as you expected? As the others have said, the only way out is for you to help the LL find a new T who will take over the remainder of your unexpired term and the LL can look to you his reasonable costs for advertising etc in the meantime remind the LL to get somone booked in to do the pointing.

charliee_3

hi, you bhave got some good replies here (although they may not have been the ones you were hoping for?) and i know being pregnant does make you more sensitive to things not being 'right', but i think you are overreacting a bit in light of them not being stinging bees and that they will be gone by the end of the month.
i;d go with the other poster, could you block up the hole where they are getting in.. bluetack? silicone filler? at least it will hold them off for a few days whilst they bore another hole...

plzsm

many thanks for the responses especially those who are polite and sympathetic. All of the responses are useful none the less. We found 3 bees in our babies bed with him this morning. Perhaps its an over-reaction but to us this was distressing. Fortunately the landlord has agreed to let us out of the contract if we pay an extra month rent, not ideal but a solution for both parties. thanks again.