Private Landlord - Breach of Enjoyment

aurora_may

Hi Guys

I am currently experiencing problems with my Landlord and I have nowhere to turn at present. The property is managed through an agency who are obviously on the LL side due to managing a few other of his properties. Anyway... story goes like this...

Derelict property, converted in to 3 modern apartments. We were first to move in. LL and wife visited us at the property 3 times in 24 hours without permission (one to move a patio set, twice about a bit of paint). They live in the next street so frequently walk past the property and also know the nieghbours who constantly take note of our every move and report back to the LL. LL think because the property is precious to them they can turn up whenever they wish.

We had a falling out in January (only moved in Nov) and asked that the agents put the property back on the market to find a tenant to take over the rest of our 12 month fixed term tenancy. LL agreed. However, only had 2 viewings in 3 months, agents reluctant to market the property and LL is refusing to mutally surrender the contract until a replacement is found. As our term was originally 12 months, he refused one potential applicant as they wanted a 6 month tenancy (so in effect theirs would end a few weeks before our original end date). He refused as he does not give out 6 months contracts. The people in the flat behind are on a 6 month contract. Neither agent or LL are helping. I have written several letters regarding the breaches but the LL isn't back down and releasing us.

Sorry for babbling on, I feel I am fighting a losing battle on my own here with no-one to help me! :(:(

mgarl10024

Sounds like two separate things going on here
- the breach of your enjoyment of the property
- your desire to exit the contract early.

I'm not sure if one can be used against the other - others on here will probably know.

jjlandlord

aurora_may wrote: »

The property is managed through an agency who are obviously on the LL side due to managing a few other of his properties. Anyway... story goes like this...

They are on the LL's side because they are his agent. They are not a third party and they do not work for you.

aurora_may wrote: »

However, only had 2 viewings in 3 months, agents reluctant to market the property and LL is refusing to mutally surrender the contract until a replacement is found.

You have a 12 month contract and are bound by it unless it has a break clause. LL has no obligation to agree to release you early.

If you have issues regarding the landlord unreasonably gaining entry, put that down to him in writing.
If it continues, change the locks.

aurora_may

We have complained that the LL is in breach of contract for not giving the required 24 hours notice and breach of enjoyment. He is defending every point and refusing to release us.

aurora_may

You have a 12 month contract and are bound by it unless it has a break clause. LL has no obligation to agree to release you early.

If you have issues regarding the landlord unreasonably gaining entry, put that down to him in writing.
If it continues, change the locks.[/QUOTE]

There is not a break clause in the tenancy. But surely he has breached the contract? I have written twice to the estate agent and LL citing parts of the contract he has broken. But he is still refusing to let us go.

G_M

As said, these are two separate issues.

1) The LL is under no obligation to 'release' you. If you want to get out of a legally binding contract (12 month tenancy) you must appeal to his goodwill or greed and get his agreement.

2) privacy. If LL is coming into your home uninvited.... change the lock. Costs £5 to cahnge the barrel of a yale and takes 5 minutes. Keep the old barrel and replace it when you leave.

Sorted.

jjlandlord

aurora_may wrote: »

There is not a break clause in the tenancy. But surely he has breached the contract? I have written twice to the estate agent and LL citing parts of the contract he has broken. But he is still refusing to let us go.

This did not end your contract, which continues. Hence he has no obligation whatsoever to accept an early surrender.

As mentioned above, the only things you can do is to make sure your objections to his visits are in writing, and to change the locks.

System

Is that it? 3 unannounced visits in 24 hours and frequently walking past the flat (well they do live around the corner - to be expected). It sounds as though you have more problems with the neighbours telling tales than the LL.

I don't see any 'breach of enjoyment' caused by the LL based on that info. I do see paranoia and an urge to get out of a contract though

princeofpounds

Breaching a contract does not automatically terminate a contract, sorry. If you suffer loss or damage as a result of a contract breach then you can sue for that, but I suspect you have suffered neither.

I understand that this can be stressful, but change the lock barrels and get on with your life best you can, it is not the worst case of interference from a LL by a long mile.

molerat

I noticed that "changing lock barrels" must be getting popular, my local Asda are selling a good range now so no excuse