Rental contract query regard burglary.

kyleda86

Hey guys, sorry for the broad topic title, couldn't really think of one that fits the situation.

Basically on the 30th March 2011 my house was burgled. The thief climbed through the bathroom window which we have been instructed to leave open due to the mould/condensation in the bathroom.

We reported this to the letting agency on the day of the burglary and that we wished to move out on 1st July because of the burglary (1st July because the people I'm moving in with can't move until then)

They said that they would be advertise the house as available from 1st July (which they did).

However, since informing them we haven't had 1 viewing which I find strange as 1st July is the turn around for students in this area.

The house is in a decent student area and is in comparison to the average house in this area in really good condition. Plus the rent is sound.

Basically, I have now found a house and I will be moving out on 1st July but as the contract is until 1st September making me liable for 2 months rent on top of my new rent which I simply cannot afford.

Looking on their website the house is barely being advertised. There is a distant picture of the front of the house and this short description =

Estate Agents are pleased to offer for rent this 3 double Bedroom mid-terrace house situated close to local amenities and within easy walking distance of the University Hospital of Wales at Heath or the University of Wales at Cathays Park. Available 1st July 2011.

That's all they provide.

I was wondering if
a.) Does being burglary affect how you are bound into a contract.
b.) The fact that the agency has poorly advertised the property making it less likely to be let which leaves us out of pocket.
c.) Providing 3 months notice and the fact that we were burgled just cause for us finishing the contract 2 months early.

Also, the main thing that was taken for me was my MacbookPro. I had insurance for it but the company wont pay out because of the bathroom window was left open even though we were instructed to do so. So would I have any legs to stand on if I were to pursue the landlord for compensation...

Cheers guys!

Gwhiz

Security of the property you are living in is your responsibility. Your problem was following the request to keep the windown open. Even if I did action the request I would only leave a window open whilst in a property.

I have a feeling you are snookered all round.

kyleda86

Well its either leave the window open or inhale spores

Even so, the window itself is tiny and really high up! The idea of anyone less than a ninja climbing through it is was unrealistic. Emphasism on the 'was'

may_fair

kyleda86 wrote: »

I was wondering if
a.) Does being burglary affect how you are bound into a contract.
b.) The fact that the agency has poorly advertised the property making it less likely to be let which leaves us out of pocket.
c.) Providing 3 months notice and the fact that we were burgled just cause for us finishing the contract 2 months early.

Also, the main thing that was taken for me was my MacbookPro. I had insurance for it but the company wont pay out because of the bathroom window was left open even though we were instructed to do so. So would I have any legs to stand on if I were to pursue the landlord for compensation...

a) No.
b) Rent is a debt and the LL has no obligation to mitigate a debt (e.g. by reletting asap).
c) Unless the contract contains a break clause allowing you to give notice to end the fixed term early, then you cannot 'give notice' to end the tenancy early. What you are doing is offering an early surrender; the LL is free to accept or refuse.

Re insurance; whilst you were told to ventilate the bathroom by opening the window to prevent mould/condensation, you nevertheless had a duty to exercise reasonable care; so, if you went out leaving the window open you were negligent. The LL is not liable for your actions/negligence.

kyleda86

So,
a) If someone kicked down the door and stole all my possessions and I was absolutely terrified to live in the house I would still be liable to pay the rent.

b) The agency making no/little effort to let the property or potentially avoiding letting the property makes it my burden?

How is that fair?

I have always been a good tenant paying my rent on time without and taking care of the property but now I can see why a lot of tenants refuse to pay rent.

custardy

kyleda86 wrote: »

So,
a) If someone kicked down the door and stole all my possessions and I was absolutely terrified to live in the house I would still be liable to pay the rent. yes,what sort of law would you create to add a terrified clause?
if you owned the house,would you just give it up?

b) The agency making no/little effort to let the property or potentially avoiding letting the property makes it my burden? well you signed a contract. they dont really need ot make an effort

How is that fair? who told you life is fair?

I have always been a good tenant paying my rent on time without and taking care of the property but now I can see why a lot of tenants refuse to pay rent.

..........................................................

G_M

kyleda86 wrote: »

So,
a) If someone kicked down the door and stole all my possessions and I was absolutely terrified to live in the house I would still be liable to pay the rent.

b) The agency making no/little effort to let the property or potentially avoiding letting the property makes it my burden?

How is that fair?

I have always been a good tenant paying my rent on time without and taking care of the property but now I can see why a lot of tenants refuse to pay rent.

Life is not always fair, and expecting to be able to find someone to take 'the blame' is not always realistic.

The person responsible for your problems and fears is the burglar - not the landlord!
a) I own my own house. If I suffer the same problem, can I stop paying my mortgage? And expect the bank to just let me leave (with all the equity and mortgage paid off)? Of course not. If someone does something bad to you, you cannot expect someone totally different to pick up the pieces (financial or otherwise).

b) the agency is advertising. OK - maybe they could do more, but there again, have YOU offered to pay for the advertising? No? So why should THEY pay extra for more prominant advertising just because YOU want to end your tenancy early?

If you are serious, offer to pay the LL's costs. Then he might put more effort into finding a new tenant. As it is, he HAS a tenant who has to pay the rent till September.

may_fair

kyleda86 wrote: »

So,
a) If someone kicked down the door and stole all my possessions and I was absolutely terrified to live in the house I would still be liable to pay the rent.

Yes, just as a homeowner would be contractually liable to pay the mortgage regardless of anything unpleasant that happened in his home.

b) The agency making no/little effort to let the property or potentially avoiding letting the property makes it my burden?

No, you signing a contract agreeing to pay rent for a fixed term makes it your liability.

How is that fair?

Because you voluntarily entered into the contract.

Don't shoot the messenger.

kyleda86

Wow, that was a three way kick in the ***k

I see my errors in judgement there and apologise.

I am in a bad situation and I just wanted to see if there was a way to settle it without making it worse. At the end of the day I am already £2000 worth of stuff down because I was following instructions from the LL. They would be quick to take money out of my bound if I didn't ventilate the bathroom enough!!

£500 is a lot of money which I quite simply don't have, a fact as important as my liability to the tenancy,

Eton_Rifle

It probably isn't helping that word may have got around about the burglary and it's common knowledge that being burgled once increases the chance of that property attracting a further burglary attempt.
That would give any prospective tenant pause for thought.

taxsaver

kyleda86 - whilst I sympathise with your plight (I've been burgled before and it's not nice) I agree with the comments of others that you really can't blame the LL; he didn't burgle you or cause it. It's nice to see your last post where you now recognise this and have even apologised, which is quite rare on here!

I would strongly suggest that you do not simply accept the insurance company's rejection of your claim (many reject as a matter of 'policy' as a lot of people simply give up and go away!) and appeal to them using their complaints procedure. You need to follow that procedure all the way through until it's end and then go to the Financial Services Ombudsman (assuming they haven't already backed down). If the window is as small and high up as you say then I think there is a very good chance that the Ombudsman would find in your favour.

You've really nothing to lose by trying and I'm sure you will be able to find a lot of support within the MSE forum.