House Has condemed electric

GaryMaguire

We renewed contract each year, cost us £60 each time as well. They have issued a S21 in the last couple of days on the day our tenancy agreement finishes. We paid a 1.1k deposit which was protected. Im probably shouting more than I will realistically will, im just really trying to see what leverage i have to be honest. They are obviously going to threat when i refuse people into the house and im trying to see what i have to play with (i.e. threat of taking legal action due to the electric). Baby is due in 5 weeks (1st of august) they want us out on 1st september. I have asked can we stay on until we find a place (i.e. out of contract) with the understanding that either of us gives our intentions of 2 months notice or can we break contract early if i find a place next week. i have not received a reply from the letting agent.

Yorkie1

Did your contract start on 1 September or 2 September last year? If it started on 1 September then the s.21 notice should refer to 31 August as the last date of the tenancy and not 1 September. That would be a potentially fatal flaw if you refused to move out and they had to go to court to get you out - but take proper advice on this before relying on my word.

Subject to the above, they have given you 2 months' notice to end at the end of the fixed term. You cannot unilaterally break the contract early. However, if the LL wanted access to the property earlier and you weren't prepared to allow that access, it might be possible to negotiate a formal surrender of the lease using that as a bargaining ploy.

I still don't get where you think the threat of legal action re the electric is going to get you. Have you got a source for your internet research? I suspect that it would be a fine rather than compensation, for action taken against the LL by people other than you.

GaryMaguire

I am a new user so cant post links, but the website is landlordzone do co dot uk where there is a page about electrical requirements and a 5k fine for each part that does not comply. I really dont want to go down that route but dont want the letting agent to hold all the chips. I dont think any of this is coming from the LL. The LL lives abroad and is not easy to get in contact with, i have an address thats it!

BitterAndTwisted

You're not going to get anywhere with these electrics now that the situation has been remedied. What actual loss did you suffer because of them?

I think your energies would be better used to plan your onward move. They have issued the S21 so you will be going. The only question is exactly when.

Yorkie1

Found it - it refers to a prosecution by the HSE. Frankly that's a non-starter given your timescales. You could threaten to report the LL to the HSE but I can't see that they would be interested. They have limited resources for investigation and prosecution, and there would be absolutely no public interest in them prosecuting now that the work has been rectified, even assuming that there was sufficient evidence for them to justify a prosecution. I think you need to forget about this angle completely.

GaryMaguire

OK, i have 2 months to find a place, hopefully the baby is not 2 weeks late as we will only be in our current place 2 weeks before having to up and move. Not ideal at all, but oh well. I certainly wont be recommending the letting agent and will send a letter to the landlord making hime aware of all that has gone on. Thanks for all your input.

regards

Gary

GaryMaguire

Out of interest how long would things take to go through court if I refuse to let them do Non emergency work?

BitterAndTwisted

It could take months. If and when they ask for access just tell them that you are going to exercise your right to quiet enjoyment and that they are welcome to have any works that they like done once you have vacated.

chris_m

BitterAndTwisted wrote: »

It could take months. If and when they ask for access just tell them that you are going to exercise your right to quiet enjoyment and that they are welcome to have any works that they like done once you have vacated.

And having a heavily pregnant wife or new-born baby in residence will add (IMO) valid weight to your argument against disturbance.