Can my friend leave rented house earlier!!!

samuela66

Hi

My friend moved into a rented property in late december.
Since she moved in she has discovered a few things about the property which needs to be sorted out but landlord in no hurry.
She also has a 5 month old baby with her.
The house seems quite damp in places, the patio doors at the back do not lock properly and let rain in she has to put towels down, also the cooker is worn so you cannot read any temperatures or dials, and it does not work properly, his answer to that was take a photo of one with dials and you will know where to set them!!!!!:o
She has mentioned things to him, but all he keeps saying is let me save up! This property has always been rented out for the last 7 years so i am guessing he has never really done anything.
What we need to know is can she move out before the 12 months is up due to the situation.

thanks
sam

MrTomato

You can if the landlord agrees to it. I did it on mine 2 months before our tenancy was meant to end, but the landlord and the agent were fine with it.

bargainbetty

Tell her to put everything in writing. Every complaint, every broken thing, every issue she has.

Explain that since the patio doors do not secure properly and are contributing to the problem with damp, she should give him no more than one week to sort out the problem or she will organise a workman herself and deduct the amount due from his rent. She cannot put herself and her child at risk by living in an unsecured property.

Contact EHO and ask them to do an assessment for damp. If the property is classed as unfit for human habitation due to spores or if they provide a wirtten report indicating that the child is a risk due to the problem, she should forward him a copy of that explaining that will also need to be sorted. Within two weeks. He has a responsibility to provide the accommodation and maintain it, not to beg for time to save up.

What is the break clause in her lease? Personally, I'd look it up and get out at the first chance. Alternatively, give him one week to fix the lock, two weeks to fix the damp and if not, provide him within a written notice of termination due to his failure to properly maintain the property and the health risk it poses to her and her child OR he can agree to terminate her lease without penalty to her and with a full refund of deposit.

Do everything in writing, keep copies of everything. Record all phonecalls if possible.

deedee71

bargainbetty wrote: »

Explain that since the patio doors do not secure properly and are contributing to the problem with damp, she should give him no more than one week to sort out the problem or she will organise a workman herself and deduct the amount due from his rent. She cannot put herself and her child at risk by living in an unsecured property.

The highlighted part is very poor advice. Do not let your friend do this.

Put everthing in a letter, get EH involved by all means, and negotiate for an early release from the contract.

Perhaps we need clarification on why the contract is for 12 months, not the usual 6?

BitterAndTwisted

Getting the repairs done and deducting the cost from the rent should be considered only as a very last resort once all alternatives have been totally exhausted. The Shelter website provides guidance to tenants for how they should go about this.

jjlandlord

Frankly the situation does not seem that dramatic: One leaky patio door and one crappy cooker.

Perhaps we need clarification on why the contract is for 12 months, not the usual 6

Many, many fixed term tenancies are for 12 months. Nothing extraordinary.

samuela66

jjlandlord wrote: »

Frankly the situation does not seem that dramatic: One leaky patio door and one crappy cooker.



Many, many fixed term tenancies are for 12 months. Nothing extraordinary.

You obviously are not a good landlord to have. So is your house damp with leaking doors and doors that don't lock??? I guess not but your tenants properties are. If you have nothing helpful to say, say nothing at all.

SavvyStudentSaver

samuela66 wrote: »

You obviously are not a good landlord to have. So is your house damp with leaking doors and doors that don't lock??? I guess not but your tenants properties are. If you have nothing helpful to say, say nothing at all.

We've read much, much worse on these forums. Yes it's not really that pleasant, but it isn't amongst the worst conditions tenants can live in, by a long stretch.

Unfortunately, your friend can't move out due to any of these issues without the landlord's agreement. They can only go through various procedures to get it done- if it's dangerous, see this: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/contacting_environmental_health

If not, http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/landlord_refusing_to_do_repairs

Though that last one should only be attempted if the landlord resolutely refuses to do any repairs after you report them in writing.

samuela66

Thanks for the replies. I know there are people worse off than her. I only wanted information what her rights are. Not someone telling me it's only a crappy cooker that's my point. But thanks again to those helpful people out there.

G_M

The replies above are of mixed quality, so be careful about which ones you act on!

First some questions:
1) Read the tenancy agreement. Is there a break clause? Sometimes (not always) a 12 month contact has a break clause at 6 months.
2) have the issues with the property been reported in writing (to the LL at his formal address)?

The law:
1) the issues you describe do not allow the contract to be ended
2) But ANY contract can be ended at ANY time so long as both the LL and tenant agree
3) if there is a break clause, there will be conditions to invoke it (eg 1 or 2 months notice), but the tenant could then end the contract even if the LL objected
4) there are processes for enforcing repairs. Writing formally is always step one.
5) The local Environmemtal Health Officer, and/or Council's Private Tenancy Officer may be able to help get repairs done
6) Organising repairs yourself as a tenant, and deducting the cost from the rent CAN be done, as a last resort, but there is a strct process (see here) which MUST be followed

Yorkie1

bargainbetty wrote: »

Alternatively, give him one week to fix the lock, two weeks to fix the damp and if not, provide him within a written notice of termination due to his failure to properly maintain the property and the health risk it poses to her and her child OR he can agree to terminate her lease without penalty to her and with a full refund of deposit.

Do everything in writing, keep copies of everything. Record all phonecalls if possible.

This, too, is poor advice. There is no such thing as a written notice of termination of the contract by the T in these circumstances.