Getting out of rental agreement without being blacklisted?

kmmr

Eton_Rifle wrote: »

I think you're being both hasty and rather harsh in dismissing pmlindyloos question.

Probably just as she did, I guessed you were referring to the existence of some sort of break clause which could be invoked to your sister's benefit and that's what you were requesting help addressing.

Is this the case or are you pursuing the 'unfit habitation' route because of some damage caused in the break-in? If you give us the details, someone can tell you the best course of action.

Agreed. Your sisters obligations clearly relate to her contract, so if you think she isn't bound by the contract, then perhaps you know something we don't. Which is why pmlindyloos asked.

Perhaps you think she can break it due to unfitness of accommodation, or break clause, or some other thing we don't know. So it is a fair question, and not an attack! Why do you think/believe that she isn't bound by the contract? What makes you think that, that perhaps you didn't mention in the initial post?

pmlindyloo

jamoo wrote: »

Hi, my younger sister (19) got into a rental contract with her landlord last september for one year. In January her house was broken into by 3 men with hammers (who have since been arrested and charged), she has no smoke alarm and needless to say is too afraid to live in the house since the burglary. She is still paying rent (£200/ month) even though she wants out of her contract, as the agency she rented the house through have said she is bound by the contract.
I would like to know where my sister stands legally, as far as having grounds to get out of this contract without being blacklisted is concerned, as this is her main worry. I know (at least I think I know...) she is not bound legally by her contract anymore, but I don't know how to profess this in words to her landlord/agency.
Thanks in advance for your help.


My sister still pays rent for the house but doesn't live there. The landlord has not rented out to anyone else.



pmlindyloo i'd appreciate if you would refrain from posting on my thread. You have contributed exactly nothing, which you could have covered in one post. What required you to post twice?

I know you have gone offline but maybe you will return and see this.

First of all my sincere apologies if my posts annoyed you in any way.

I genuinely believed that you knew something that we didn't (like the presence of a break clause). I see you have edited your original post to now say ''I think I know'' rather than ''I know''.

It is difficult to 'read' a post without having the benefit of knowing the person so I can only apologise again if my question came across as rude.

I am sure you did not intend to be rude by asking me to 'refrain' from posting on your thread. I shall not take it to heart

SuzieSue

jamoo, if you want to add to your thread, you should post a reply rather than editing your original post as people who have replied to your post will not necessarily read your opening post again.

pmlindyloos was asking a perfectly reasonable question and was just trying to help you. You owe her an apology.

tbs624

jamoo - unless there is a break clause in this 12 month Fixed Term AST then, as some of the other posters have said, your sister is obliged to meet her obligations under the agreement until the FT expiry date. The fact that she was burgled does not entitle her to end the contract, nor does the lack of a smoke alarm. However, if the property was built after 1992 then it should have smoke alarms installed and any inspection under the HHSRS ( Housing Health & Safety Rating System) would flag up the absence of suitable fire/smoke warning systems. ( Note that some local fire services will come out and do a fire safety check which may include the provisions of a free smoke alarm)

The only other way out of the agreement, if there is no break clause, is to ask the LL/LA to readvertise the property asap and for your sister to meet the reasonable costs involved. Her obligations end when/if a suitable new T can be found to move into the property. All arrangements relating to this should be kept in writing.

Has your sister told the LL/LA that she has moved out? The LL's insurance company will have restrictions on the length of time the property may be left unoccupied and Ts are usually required to notify the LL/LA if this is likely to be more than say 21/28 consecutive days