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I'm trying to leave my house but agency is making it difficult.. PLEASE ADVICE ME
digitaly
Posts: 43 Forumite
Hi Forum! first post here and so I should regard whoever created this forum as I find it very helpful.
I try to expose my problem here the best I can.
I moved in this house where I live now in 2007 as occupying tenant. My ex flat mates (named on the old contract) where refusing to sign the new contract despite the multi 2 years attempt from the agency because they (my ex flatmates) where scared of the rent increase (very greedily in deed).
I have tried many times to get this sorted out because I was scared to be evicted and stated this to the agent who then promises me to grand me a new contract, as he had planned to evict those tenants anyway.
We then agreed a £1200 a months (including £300 rise/increase) and in exchange the agency promised me to improve the standards of the house, so they would have spent the extra money into improvement.
In July the agency issued to all of us a section 21 eviction for September (but they had 3 of the copies of the contract signed by me and my girlfriend without a date).
So I started to look for potential new house shares and selected 3 friend well know to be professional and not last clean and tidy (very very rare to find in London)
I gave the the approx moving in "ok" date to October (just to be sure), so that they could serve a fair notice period to their landlord.
My agent also made me sign 3 copies of the new contract without a date (this was back in July) and we agreed on few things on the contract. I made my special request in write in the contract, to change the carpet refresh the walls new kitchen and bathroom vinyl and repair all the little untidy jobs left over by previous repair like a huge hole in the kitchen ceiling, and give him (as stated and signed) a 30 days to do it.
My agent used to like me a lot as I was the only one to take good care of this house. In fact I treat it like my house as every tenant should, and I never bother him for little thinks as in the past the others did. I come from the multi trade my self and a DIY fanatic person and since I moved here he had less 70% of hassle.
My ex house mates (the evicted ones) decided to hold on till middle of October (instead of September) and also called the environmental office to complain about the conditions of the house. The environmental office has then found lot’s of stuff and served a 30 days time to fix all those problems or they would have fined the landlord up to £5K.
After all ex flat mates left, I started to chase the agency to get those jobs done ASAP as I had new people ready to move in. He told me to tell to those people to move in now and shift them in living room wile their room was getting done. My friend kindly accepted and moved in.
At the end of October after my many attempts and contacts to the agency the builder man came for an estimate, and at the question "when he could start working in here?", he reply "if they agree my price I can start next Monday" (4 days after).
So I told to everyone that they should hold on another week or so with their luggage an packages.
After a week nothing happened after 2 week another man came for another quotation. Then my friends started to loose their patience and told me that they could not go on like that and slowly slowly all them have moved out.
I got upset with the agencyand told them that I was going to move out too and give a notice of 1 month in November that I would have left on the 20/12/09.
On the 18/12/09 (2 days due to move out) received a phone call from the agent telling me that I could not leave because I have signed a 12 months contract and recommended me to consult a legal.
I then got a phone call on 5/1/2010 that they would come down to deal with me! But I have lost my flatmates now! as they have found a decent place to live (better then this one) and I have lost my reputation also.
So I told them that I was no longer interested in the house.
The day after they phone me and told me that I could leave the house but I would have to clear the full rent (I didn’t pay December and January). Of course I don’t want to pay this because I have done my best not to move out from this house from my part also I cannot afford to pay all of that on my own. What can I do now? he has breached the contract first.
Also in my tenancy agreement he stated that I could not rent the spare rooms to anyone and that for no reasons I could withhold the rent.
But I'm in arrears now and the agent is telling me that he will take me to court.
I got in touch with a lawyer and he is not been much of a help.
I just found out today that the house has dump walls and mould at the front and at the back there is some hard core leaking gutter that flood water down the outside wall of my room.
I have suffered of noise infection followed by some random noise bleeds and fungi on my chest (still got all of those today). And my girlfriend has headaches and painful bones from long time now (all this reported to the GP from long time now).
My bed is always cold and my clean cloths are always found dump. By reading >>h**p://healthandenergy.com/mold_dangers_&_remedies.htm I should vacate the property (my agency doesn't yet know about this problem as I have just founded out) what is you suggestion on this one please?
The agency want to give me a CCJ but believe me they are F*****g b*****s... they have made me so many verbal false promises to make me sign that contract (I have witness too) so that they can now do me right up!!!!
I have bought a dehumidifier and that has helped allot (since it take 5l of water in 7 days in my room only).
Please answer areas where you can give me an advice.
I try to expose my problem here the best I can.
I moved in this house where I live now in 2007 as occupying tenant. My ex flat mates (named on the old contract) where refusing to sign the new contract despite the multi 2 years attempt from the agency because they (my ex flatmates) where scared of the rent increase (very greedily in deed).
I have tried many times to get this sorted out because I was scared to be evicted and stated this to the agent who then promises me to grand me a new contract, as he had planned to evict those tenants anyway.
We then agreed a £1200 a months (including £300 rise/increase) and in exchange the agency promised me to improve the standards of the house, so they would have spent the extra money into improvement.
In July the agency issued to all of us a section 21 eviction for September (but they had 3 of the copies of the contract signed by me and my girlfriend without a date).
So I started to look for potential new house shares and selected 3 friend well know to be professional and not last clean and tidy (very very rare to find in London)
I gave the the approx moving in "ok" date to October (just to be sure), so that they could serve a fair notice period to their landlord.
My agent also made me sign 3 copies of the new contract without a date (this was back in July) and we agreed on few things on the contract. I made my special request in write in the contract, to change the carpet refresh the walls new kitchen and bathroom vinyl and repair all the little untidy jobs left over by previous repair like a huge hole in the kitchen ceiling, and give him (as stated and signed) a 30 days to do it.
My agent used to like me a lot as I was the only one to take good care of this house. In fact I treat it like my house as every tenant should, and I never bother him for little thinks as in the past the others did. I come from the multi trade my self and a DIY fanatic person and since I moved here he had less 70% of hassle.
My ex house mates (the evicted ones) decided to hold on till middle of October (instead of September) and also called the environmental office to complain about the conditions of the house. The environmental office has then found lot’s of stuff and served a 30 days time to fix all those problems or they would have fined the landlord up to £5K.
After all ex flat mates left, I started to chase the agency to get those jobs done ASAP as I had new people ready to move in. He told me to tell to those people to move in now and shift them in living room wile their room was getting done. My friend kindly accepted and moved in.
At the end of October after my many attempts and contacts to the agency the builder man came for an estimate, and at the question "when he could start working in here?", he reply "if they agree my price I can start next Monday" (4 days after).
So I told to everyone that they should hold on another week or so with their luggage an packages.
After a week nothing happened after 2 week another man came for another quotation. Then my friends started to loose their patience and told me that they could not go on like that and slowly slowly all them have moved out.
I got upset with the agencyand told them that I was going to move out too and give a notice of 1 month in November that I would have left on the 20/12/09.
On the 18/12/09 (2 days due to move out) received a phone call from the agent telling me that I could not leave because I have signed a 12 months contract and recommended me to consult a legal.
I then got a phone call on 5/1/2010 that they would come down to deal with me! But I have lost my flatmates now! as they have found a decent place to live (better then this one) and I have lost my reputation also.
So I told them that I was no longer interested in the house.
The day after they phone me and told me that I could leave the house but I would have to clear the full rent (I didn’t pay December and January). Of course I don’t want to pay this because I have done my best not to move out from this house from my part also I cannot afford to pay all of that on my own. What can I do now? he has breached the contract first.
Also in my tenancy agreement he stated that I could not rent the spare rooms to anyone and that for no reasons I could withhold the rent.
But I'm in arrears now and the agent is telling me that he will take me to court.
I got in touch with a lawyer and he is not been much of a help.
I just found out today that the house has dump walls and mould at the front and at the back there is some hard core leaking gutter that flood water down the outside wall of my room.
I have suffered of noise infection followed by some random noise bleeds and fungi on my chest (still got all of those today). And my girlfriend has headaches and painful bones from long time now (all this reported to the GP from long time now).
My bed is always cold and my clean cloths are always found dump. By reading >>h**p://healthandenergy.com/mold_dangers_&_remedies.htm I should vacate the property (my agency doesn't yet know about this problem as I have just founded out) what is you suggestion on this one please?
The agency want to give me a CCJ but believe me they are F*****g b*****s... they have made me so many verbal false promises to make me sign that contract (I have witness too) so that they can now do me right up!!!!
I have bought a dehumidifier and that has helped allot (since it take 5l of water in 7 days in my room only).
Please answer areas where you can give me an advice.
0
Comments
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Dear Mr digitaly
Following the receipt of your legal help forms and form of authority I can confirm that I have read over your tenancy agreement.
There does not appear to be a break clause within the agreement allowing you to vacate early without remaining liable for the remaining rent. However, there is at clause 4(5) which does clearly state that your landlord has agreed to carry out specific works which you have informed me that he has failed to do. He is therefore in breach of contract. Should you vacate the property early and your landlord commences a claim against you for the rent you could potentially make a counter claim for your landlord’s breach.
However, I would strongly recommend that you avoid court action and attempt to negotiate with your landlord to allow you to vacate the property early on the basis that you will not pursue him for his initial breach.
Should you wish me to send a letter to your landlord on your behalf setting out why you wish to vacate the property early and requesting that he agrees not to pursue you please advise me as soon as possible and I shall prepare a draft letter for you to check.
When replying should you wish me to prepare a letter to your landlord I should be obliged if you could please clarify whether or not your deposit has been protected in a registered tenancy deposit scheme? Could you please also inform me of any decision made by the environmental health officer?
I look forward to hearing from you at your earliest convenience.0 -
I would like to see another lawyer since this one takes 2 3 days to answer 1 or 2 line of questions. And when I phone him I always have to be ringed back because he is busy but then he often do not return the calls.
If any one here is a lawyer and wish to take my case seriously could you please PM ?0 -
Your solicitor sounds very sensible. I should talk to them and follow their advice.0
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Would you mind going back and editing the OP so there are paragraphs in it? I can't read it because it hurts my eyes, you will get more responses if everyone can easily read it.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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But is now costing damage to my health!!! I should get advice from my GP tomorrow. I will report back0
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In simple terms:
- you are a tenant who signed a 12 month AST. If there is no 6-month break clause in it then you cannot leave before the end date
- you cannot have lodgers, you cannot rent to your friends. This is illegal (not allowed in your agreement) -AND- it could be illegal because there are laws about how many people are allowed to live in a house. If the landlord had wanted many people living in it, it would have needed to be classified as a House of Multiple Occupation (HMO) with different laws/regulations.
- you must never stop paying the rent
It is not the landlord's problem that your friends/flatmates have left. YOU rented the property on a 12 month agreement. You do not have the right to rent rooms to your friends.
This is what you need to do:
1] Pay all your missed rent
2] Keep paying the rent
3] Negotiate with the landlord to move out before your 12 months is up, you will have to pay his extra costs (e.g. he might be charged again at the agency, he might have advertising bills)
And then - find out about/learn UK housing laws and what you are allowed to do before you sign anything again.0 -
But we signed that contract I read it and it said that I could not sublease the spare rooms! But I asked the agent before signing that contract and he replied that is a template contract we know that you are not renting a 4 bedroom house for your self!!!! Is it that not a verbal agreement with a witness valid?PasturesNew wrote: »In simple terms:
- you are a tenant who signed a 12 month AST. If there is no 6-month break clause in it then you cannot leave before the end date
- you cannot have lodgers, you cannot rent to your friends. This is illegal (not allowed in your agreement) -AND- it could be illegal because there are laws about how many people are allowed to live in a house. If the landlord had wanted many people living in it, it would have needed to be classified as a House of Multiple Occupation (HMO) with different laws/regulations.
- you must never stop paying the rent
It is not the landlord's problem that your friends/flatmates have left. YOU rented the property on a 12 month agreement. You do not have the right to rent rooms to your friends.
This is what you need to do:
1] Pay all your missed rent
2] Keep paying the rent
3] Negotiate with the landlord to move out before your 12 months is up, you will have to pay his extra costs (e.g. he might be charged again at the agency, he might have advertising bills)
And then - find out about/learn UK housing laws and what you are allowed to do before you sign anything again.
I surely would not take a £1200 in real mess state house if I didn't know that they would do me up... I'm so depressed because of this is happening.0 -
But we signed that contract I read it and it said that I could not sublease the spare rooms! But I asked the agent before signing that contract and he replied that is a template contract we know that you are not renting a 4 bedroom house for your self!!!! Is it that not a verbal agreement with a witness valid?
I surely would not take a £1200 in real mess state house if I didn't know that they would do me up... I'm so depressed because of this is happening.
Even if you could prove this the fact is that after this conversation you signed a written agreement with the no sublease clause so maybe you and the LL changed their mind?
However, this argument is irrelevant. In either case, even if you had permission to sublet, it would not remove your reponsibility to your LL for the ENTIRE rent. It is your responsibility to chase any sub Ts for any rent they owe and while you are doing this you still have to meet your legal obligations to your LL.0 -
The legal advice you received in post 2 seems very good, I would stick with that solicitor and follow his advice.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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