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Grounds to break contract?

Ive been renting a property from my landlord for the past 2 and a half years, and in that time not one single check, eg, gas and electricity safety check has been done at all, i didn't even know they were required to do this untill a few days ago, would this be grounds to be able to break the contract and end a 10 year lease early??


thanks for any help!
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Comments

  • david29dpo
    david29dpo Posts: 3,748 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Not sure but you would have an excellent case regarding the gas safety.
  • theartfullodger
    theartfullodger Posts: 15,397 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 November 2009 at 8:49AM
    What form of tenancy is it ?? (AST, commercial...)??

    Was it enacted as a deed??

    Are there any break clauses??

    Why did you want a 10-year deal???

    (10-year deals are not typical... and usually IIRC, can't be ASTs??)

    Cheers!

    Lodger
  • N79
    N79 Posts: 2,615 Forumite
    Much more information is required as this is clearly a non standard tenancy. Where is the property, under what legislation, if any, is the tenancy granted etc.
  • N79
    N79 Posts: 2,615 Forumite
    (10-year deals are not typical... and usually IIRC, can't be ASTs??)

    Lodger

    There is no statute mandated maximum length for an AST but anything over 3 years would need to be in deed form and anything over 6 would attact a premium although the details of this are above my level of knowledge.
  • N79
    N79 Posts: 2,615 Forumite
    david29dpo wrote: »
    Not sure but you would have an excellent case regarding the gas safety.

    There may, depending on the tenancy type, be an excellent case for having the LL prosecuted but I'm afraid that, by itself, this is not grounds for T to break a tenancy.
  • hi guys, thats so much for your quick replies, sorry i should have provided more information but it was quite late last night when i wrote the post but here goes...

    Me and my mum did the sell and rent back thing 2 and a half years ago, when we signed the contract it wasnt with the LL is was with one of his employees, and she told us that they will rent the house back to us for 10 years, not that we had to rent the house for 10 years, we spoke with the landlord a few days ago and he told us the real story, and since it says on the contract "fixed term :10 years" not having rented before we took her word for it and thought thats how long we could rent it for...
    Basiclly, am looking for anyway we could have reason to break this contract and move out, and was wondering could that be a reason to?

    thanks everyone
  • silvercar
    silvercar Posts: 48,621 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    You need to get professional advice. Either find a solicitor (some offer a free first half hour) or contact shelter.

    A ten year contract, with no break clause, sounds unusual to say the least.


    There maybe some leeway in that it should have been enacted as a deed due to its length, it may also have to be registered on the deeds.

    If you can't get to a solicitor or shelter, you may want to try landlordzone.co.uk/forums. There are some solicitors on there who specialise in leases etc The forum is friendly to tenants as well as landlords.

    I wonder if there is a mortgage on the property, and if there is whether the lender is happy for the landlord to grant 10 year leases?
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  • pie81
    pie81 Posts: 530 Forumite
    Another possible argument is that you were misled as to the meaning of the term when you signed - sometimes this can mean you're not bound by that term. But as silvercar says you should get legal advice on this.
  • Hmmnn.. interesting...

    - Do you have a copy of the tenancy??

    You might want to read this...
    http://www.landlordzone.co.uk/forums/showpost.php?p=167566&postcount=5

    Wherein it is said re. an AST (Asssured Shorthold Tenancy..)
    for over seven years must:
    i. be by Deed; and
    ii. be registered at HMLR.
    - So, assuming it is not registered with HMLR (Her Majesty's Land Registry) it would appear to be somewhat invalid... maybe grounds to challenge the Landlord...

    As said, get advice - maybe a solicitor very experienced in Landlord & Tenant law (see my link above...)

    Cheers!

    Lodgert
  • spuddle wrote: »
    Ive been renting a property from my landlord for the past 2 and a half years, and in that time not one single check, eg, gas and electricity safety check has been done at all, i didn't even know they were required to do this untill a few days ago, would this be grounds to be able to break the contract and end a 10 year lease early??


    thanks for any help!

    Hi there Spuddle :beer:

    Unfortunately this is not a clear cut matter as it is a matter of contract law and what is in the agreement you signed.



    You refer to a 10 year lease which is different from a tenancy and is such that you will need to look at the lease and read what are known as forfeiture provisions.

    That will explain under what circumstances that amount to a breach of contract sufficient to break a contract.



    Be careful before giving anything notice. It is always best to get a solicitor to look at your lease. Some offer a fixed fee.



    Alternatively you can make a free appointment with the Citizens advice bureau

    Good luck,

    James :cool:
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