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Landlady Breaching Terms of Contract - what can I do?

24

Comments

  • zoomraker
    zoomraker Posts: 12 Forumite
    The LL does retain a room and an office in the house.

    Have signed an AST not a lodgers agreement, length of contract is 6 months and I am only one week in.

    Don't think I can handle 1 month let alone 6

    If it was a lodgers agreement at least I could move out with 1 months notice and would only be 1 months rent down.

    Worst outcome would be to move out and her come after me for full 6 months rent in court.

    Don't know if this is relevant but when we signed the AST their were no witnesses and there are no witnesses signatures on the document.
  • I think that you should report her to a governing body - try your local council as not having an exit to a property is a health and safety risk in terms of what should you do if there was a fire? Have you paid the rent up front? If not, just leave - I doubt she will come after you via the courts for a few months rent when she has put your life at risk.
  • zoomraker
    zoomraker Posts: 12 Forumite
    gingernutter,

    there is an exit it just can't be locked so it is not possible to make the house or my room secure

    It can be opened and closed but not locked as she has lost the key
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    zoomraker wrote: »

    If it was a lodgers agreement at least I could move out with 1 months notice and would only be 1 months rent down.

    Depends on the notice period and term of the lodgers agreement - there is less security of tenure as a lodger but a contract is a contract.
    zoomraker wrote: »


    Don't know if this is relevant but when we signed the AST their were no witnesses and there are no witnesses signatures on the document.

    It's a nice to have but I don't believe this invalidates the contract.
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    You need her to get a new lock for this door.

    Give her a letter requesting it's done within 24 hours. I would class it as an emergency - but contact shelter for more help.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Zoomraker - ASTs for a period of less than 3 years (which are not executed as a deed) do not need to be witnessed. Some LLs like to have their ASTs witnessed but it is not essential to do so, so that would not invalidate your contract.

    On your AST, what address is given for the LL, and who is responsible for the Council Tax payments for the property?

    It sounds as though your LL perhaps does not have consent to let and may be trying to cover her back.
  • zoomraker
    zoomraker Posts: 12 Forumite
    edited 5 July 2009 at 7:08PM
    tbs624 - she has given her home address, (not the property)

    we had agreed in email that she would be responsible for bills and council tax but this is not mentioned in contract
    (looking at the contract it appears that I would be responsible for either all the charges or a proportion of the charges but this has not been filled in either)

    also what is the process of stopping her spending time at the property,
    do I call the police,
    got to court etc
  • This sounds a bit like the guy that was going to court because of a similar circumstance but i cant find the post it was from about 4 months ago
    :staradmin5k - 00:27:46:staradmin 10k - 00:57.03:staradminHalf - 02:01:15:staradmin5M - 00:44:07:staradmin
  • zoomraker
    zoomraker Posts: 12 Forumite
    tbs624 - interestingly she has left "the designated room" section of the contract blank
    the notes section states that the room must be identified in the agreement.

    could that provide me a get out?
  • zoomraker
    zoomraker Posts: 12 Forumite
    KeepYourChipUp - what were the similarities, can you remember the outcome?
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