Ending a tenancy agreement‏

puzzled-puddle

I wonder if anyone can help? Sorry if this is a bit long winded!

I began renting my property on the 8th of June 2010. I signed a six month contract. During that time I experienced many problems, the main one being a leak from the upstairs toilet directly into my kitchen. When I moved into the property there was a small stain on the kitchen ceiling and I was assured that this was an old problem that had been resolved. Once I had moved in and the water was turned on the leak grew bigger and bigger. It was sewerage water and was travelling increasingly closer to my sink and work surfaces. I contacted that letting agency many times and showed them first hand during my three month check up but it took them over six weeks to address the problem. During this time the leak got progressively worse and it is now half the size of my kitchen ceiling. It is my belief that it needs to be replaced as there are several large cracks in it. I had two weeks with no downstairs lights as the electricity fused. During this time I went on holiday for a week and informed the letting agency that they could have access to my property as I just wanted the issue resolved. The landlord came to look at the leak and used one of my kitchen pans to catch the dirty water behind the toilet. I was not informed of this, I discovered it for myself.

In late November I was contacted and asked if I wanted to extend my lease. Against my better judgement I made a verbal agreement, mostly because I had nowhere else to go at the time. I had several phone-calls from the letting agency during this time, each one ending with them informing me that they would contact me when the paperwork was ready to sign. I heard no more of it, and to be honest forgot about it, until about a month ago when I received a phone call telling me that I had still not signed that agreement and would I please go down to the office. However by this time I was having serious doubts about remaining here.

Over winter my pipes froze on two occasions. I understand that his was largely unpreventable, although again it is how the situation has been dealt with that has upset me. The second time the pipes froze the pipe in my back garden burst, cutting of the water supply to the entire street. We had no water for nearly five weeks, and I believe that this could have been resolved much faster. This was a very stressful time for me as United Utilities informed my neighbours that the leak was on my property, however they did not contact me or my landlord. My landlord refused to do anything until it had been confirmed that the leak was at my address. This led to angry neighbours knocking on my door and somewhat threatening anonymous letters being posted through my door. As a young woman living alone I found this very stressful and upsetting.

When a plumber was finally called, they broke the back garden fence during the course of the day. The gate was old and very rotten, so over the course of the day, with them entering several times, it broke into several pieces. Two months on, after having informed my landlord, there is still no gate. Again, as a young single female I do not feel that this is very safe.

These have been the main issues but not the only ones. I also had the fridge/freezer break and that took five weeks to replace. While having a fridge/freezer is not a necessity I am still angry about how long it took to fix.

I have also had several problems with the boiler and pipes in the back garden.

As I said, I never signed another contract, but I did make a verbal agreement. Does this tie me into the contract or would I be within my rights to leave? Do I have any legal obligations? I would like to be out before the 8th of April, when my next rental instalment is due. Also, would I still be within my rights to claim back my deposit (obviously this would also depend on the state of the property, which I have kept in very good condition).

I have always paid my rent of £450 per month on time and I feel that I have been treated appallingly by the letting agency. I would also like to know if it would be possible to claim any of the rent back, as often the house has not been fit to live in and I have had to stay at my mother’s or boyfriend’s house. This is not my primary concern though. I am mostly concerned with being able to leave as soon as possible.

Thank you so much for your time. I have wanted to visit the CAB for some time, however I am a teacher and am usually working during your opening times. Any help you could give me would be very much appreciated!

Thanks in advance!

Yorkie1

I do not know the answer to your specific question, but I can say that if you are still on a periodic / rolling contract rather than a new fixed term one, you will not be able to give notice to terminate the tenancy for 7 April (which, on the dates you've provided, would be the end of the monthly rental period as the tenancy started on an 8th). You are obliged to give 1 month's notice, ending at the end of a rental period. So if you give notice which is received before 7th April, your obligations relating to the tenancy do not end until 7th May.

There is nothing to stop you moving out before then, although if the property is going to be unoccupied for any length of time you should tell your LL so that proper precautions to protect the property / the insurance position can be maintained; and you will have to pay rent / bills to the end of the period.

NB. If you do give notice to end a periodic tenancy, do so in writing (not recorded delivery) from two separate post offices and get proof of posting.