Is there anyway in which i can get out of this tenancy agreement?

123mcg

Me and my boyfriend have just moved into a new flat. We first saw the place about five days ago. We wasn't too impressed but the landlord said that he would do the place up, i.e paint it and clean the place up. It cost £400 a month so we were expecting an at least half decent place. We signed the tenancy agreement before we got the keys, because the landlord ask us to. I know now that we should of waited but we put trust into him. We got the keys yesterday, when we went the place was dirty, they hadn't painted some walls, there was lots of rubbish outside and we had no idea how to work the electric storage heating, or even if they worked (when asked prior to moving in he said they did work). We tried to clean the place up but there dripped paint everywhere and the place is a dump. We went again today optimistic that we could attempt to make the place a home when we discovered fresh rat poo on the floors. The carpet had been chewed and there where holes in the walls. In the kitchen there is also evidence of rats, however we haven't even had any food there yet; we don't have any of our things.
Im five months pregnant and there's no way i want to live there. Im at the point where i want nothing to do with this landlord, and i just want to go back to my parents home!
We really want to get out of the contract. Its a 12 month contract, and the when my boyfriend's mum asked the landlord prior to moving in if we could ever move out he said that we 'cant'. But ive heard about a two week period in which you can move out, or if there is anything we can do?
Thank you for taking the time to read this

Emmzi

there is no two week cooling off period on a tenancy, you are meant to check the place is ok before you sign.

£400 a month is dirt cheap, round my way you pay that for a room never mind a flat.

Get your scruffs on and get the place cleaned. Take the rubbish to the local tip. Ask the LL in writing to do something about the rats and if he doesn't, contact the council for advice.

I think living with mum may have given you unrealistic expectations.

evoke

£400 per month will get you a dump. And that's what you've got. You need to make the best of a bad situation.

Is every woman who posts on here pregnant at the moment? LOL.

bitsandpieces

Signing the contract on a dump - on a landlord's promise they'll fix it up - is almost always a bad idea. Easily done, though (did it myself, only once :mad:) so you'll need to make the best of it.

You could ask the Landlord nicely if they'll let you out of the contract, but they are quite entitled to say no. If you offer to find a new tenant they may be more likely to agree, but if it's a dump then finding someone new might be hard.

The landlord does need to do something about the damp and (if the heating isn't working) the heating. Ask the landlord what he'll do about the rats and how to use the heating. You could see if he'll get a cleaner in to clear the place properly. The landlord is quite entitled to have the flat decorated to a poor standard, if he wants to.

What you can expect for £400 depends on where you are in the country. I don't think there's anywhere where it will get you luxury, though lots of areas with cheaper rents where you could get a decent studio/1 bed.

Yorkie1

Assuming he won't release you from the contract, take as many pictures as you can of the state of the place so that when it does eventually come to moving out, you have evidence of what it was like at the start of the tenancy. Particularly dirt, mess in the yard, damage to carpet, paint stains, damp, holes for rats, rat poo etc. Use a newspaper with the day's date on it or something to prove when you took them.

Then report all the issues to the LL in writing, not email, and ask him for a timescale for fixing them. Refer back to any conversations you had with him before moving in, if he promised that certain things would be sorted out. You could also ask for a manual for the heaters.

If he doesn't respond, there are other options open to you include going to Environmental Health for an assessment of the house - although that won't cover dirt, just things that may be threats to health such as rats, damp & heating.

123mcg

where I live £400 pounds a month can get you a decent one bedroom flat. So i was expecting at least a half decent place. Ive lived away from home before so my mums house has not given me unrealistic expectations. I can handle the decor, the mess. I cant handle the rats, and I dont think we should considering that they are there before we have even moved our stuff in.

BitterAndTwisted

There is no "cooling off" period when renting property. However you might have a glimmer of hope in claiming that the contract is "frustrated" because it's uninhabitable due to the rat infestation. Take dated photographs of everything now: it's a pity that you didn't do that before you started cleaning the place. Then, get yourselves down to CAB asap and before you do that have a read of the Shelter website to see if there's any guidance there for you.

Warning to any renters viewing this thread: DO NOT ever accept at face-value any assurances that a landlord will do anything to the property prior to you signing the agreement and handing over your money until you see all the work done for yourselves.

*miaomiao*

I'm sorry to hear about your difficult time in what sounds like a sub-standard house.

I'm afraid it will be difficult to get out of your tenancy agreement, if not impossible, because a tenancy agreement is a legally binding contract when you exchange funds (even if both parties have not signed a tenancy agreement one is established by the making of and the acceptance of payment). Your only hope to break the contract is if you have a break clause in the tenancy at 6mos? I do not believe that the 2 week period you have referred to exists. From now on you must do everything in writing with your landlord, even if it follows up a phone call. Prepare a list immediately of what has happened for your own records (dates, conversations/letters, your requests, etc). Send the landlord immediately a polite letter detailing in a list what the problems with your flat are. Send this from a post office with the free proof of posting certificate.


The best thing to do is to call immediately on Monday morning your local council's Private Housing Tenancy department and Environmental Health department. State that you are 5 mos pregnant and that your house has numerous repair issues and the very serious issues of rats (yuck). Then call Shelter on their free helpline 0808 800 4444. Their organisation exists to help private tenants as well. You can read some more here: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

You don't say whether or not you are in England, Scotland or Wales. If you are in England and Wales, the money paid to your landlord must be deposited in a tenancy deposit scheme. Do you have any record of this?

Do keep checking back here for help. There are many kind landlords, tenants and others who will offer you more specific advice. Good luck!

G_M

I'm afraid there is no '2 week' cooling off period or similar. Whan you sign a contract your are making a legal commitment.

Any contract can be ended at any time by agreement. In order to get the LL's agreement you will almost certainly need to incentivise him. Offer to pay his advertising costs etc to find new tenants, and to pay rent up till new tenants move in. If desperate, offer more (ie to 'buy' your way out of the contract).

Regarding the condition, did you get any written agreement about the improvements/re-painting? There are two courses of action:
1) WRITE to the LL, listing all the problems, and all the improvements promised, and asking for a timetable for them to be dealt with.
2) Contact the Environmental Health at the council, or private tenanacy officer or similar, regarding Health and Safety issues, and if repairing obligations are not met. The LL has certain duties regarding repairs and provision of heating etc, and there are processes for enforcing these. Read here.

Is there a check-in inventory? Have you signed it? What does it say about the condition of the property?

BitterAndTwisted

Nobody should be expected to tolerate rats. But, trying to give this landlord the benefit of doubt, they don't live in the property and if the previous tenant didn't report the presence of rats adn there was no evidence when the place was being painted how would they know?

I have a sneaking suspicion that this bodged painting might be an attempt to hide evidence of mould and damp.

BitterAndTwisted

It is very understandable that you are very stressed and unhappy but demanding that people stick to the subject at hand is terribly impolite and may prove to be a disincentive to all of the experienced landlords and tenants on this forum who may be able to help and advise.