Terminating a lease due failure to comply with regulations?

tails_uk

Hi,

I live in a purpose built apartment block which has six flats in total in the block. I have recently decided to terminate my tenancy agreement early for a number of reasons, one in particularly is the state of the bins in the apartment. Although I have complained a number of times to my landlord over several months that bins are overflowing on a weekly basis, little has been done to rectify the situation. As the bins are located nearby to my main entrance to the flats it’s not pleasant to say the least.

As I am terminating the lease early my landlord wants me to continue to pay the rent until new tenants are found and for myself to pay the estate agents fees for finding the tenants. Which I am not happy about.

The flats are managed by a management company and the landlord is the owner. I believe that the management company is not complying with the following regulation as bins are not adequate for the requirements of the households -

The Management of Houses in Multiple Occupation (England) Regulations 2006
Duty to provide waste disposal facilities
9. The manager must—
(a)ensure that sufficient bins or other suitable receptacles are provided that are adequate for the requirements of each household occupying the HMO for the storage of refuse and litter pending their disposal; and
(b)make such further arrangements for the disposal of refuse and litter from the HMO as may be necessary, having regard to any service for such disposal provided by the local authority.

Would failure to comply with this regulation be sufficient to legally terminate my agreement with the landlord?

poppysarah

If bins are getting full then you should look at why. Is there adequate recyling facilities? Or do people just throw away a lot of rubbish?
Whilst a second bin emptying during the week might sound like a plan it'll cost money!

BitterAndTwisted

No, I don't think it would. Your landlord has offered, what on the face of it, seems like a reasonable solution. I suggest that you accept it and move on. Your objections appear to be a bit trivial to me

Hugbubble

I don't think your situation would fall under HMO regulations anyway...

hazyjo

Can't you just ask the council for more bins?

I also think the LL is being very reasonable.

Are the other reasons personal to your circumstances, or are they also flat related issues?

Jx

BitterAndTwisted

Hugbubble is right: a building with separate flats is not an HMO. Personally, I think that you're grasping at straws. Just accept the landlord's reasonable offer and move out if it's so unacceptable.

dodger1

BitterAndTwisted wrote: »

Hugbubble is right: a building with separate flats is not an HMO. Personally, I think that you're grasping at straws. Just accept the landlord's reasonable offer and move out if it's so unacceptable.

But don't you think op's request not to have overflowing bins on a weekly basis is reasonable. We used to have a similar problem which attracted hundreds of flies and several rats so two more bins were put in place by the management company. Overflowing bins are a health hazard.

Hugbubble

dodger1 wrote: »

But don't you think op's request not to have overflowing bins on a weekly basis is reasonable. We used to have a similar problem which attracted hundreds of flies and several rats so two more bins were put in place by the management company. Overflowing bins are a health hazard.

Absolutely agree with you there, but, ideally, a solution should be negotiated (eg as you suggest, asking the management company for more bins)- it shouldn't/ can't be used as a pretty flimsy excuse to get out of a binding contract, especially not by citing inappropriate legislation

BitterAndTwisted

What I don't think the OP has quite understood is that one CANNOT unilaterally decide to terminate a legally-binding agreement. For any reason, related to inadequate supply of bins or anything else. That the landlord has offered a solution is incredibly reasonable. If they are unhappy in the property then they should very gratefully accept the landlord's terms.

G_M

The landlord does not have to agree to an early surrendor of the tenancy. However

As I am terminating the lease early my landlord wants me to continue to pay the rent until new tenants are found and for myself to pay the estate agents fees for finding the tenants

where a landlord does agree, this is pretty much the standard compromise.
The landlord is not responsible for emptying the bins. That is down to either the management company and/or the council. However the LL might contact the mgmt company on your behalf if you ask.....

This is not an HMO so that regulation does not apply.

Werdnal

I agree with B&T. OP's LL could quite reasonably refused to accept any early termination of the contract. There is absolutely no obligation for LL to make any offer for early surrender and I think in this case LL is being very reasonable.

This is not an HMO as the flats are self-contained.

OP, have you put your concerns/complaints in writing to the LL/Management company?

In reality there are very few reasons which warrant early termination of a binding rental contract, and this is not one of them. I think you are very lucky that your LL has made this offer and should take if before they change their mind, rescind it and tie you to the full contract term!