Can I end my tenancy early - Scotland

TeamNicholson

I currently rent a property which is over 100 years old. We have had several problems with the property including leaks in the roof, a front door hanging off the hinge and several holes in skirtings, ceilings floors ets. We now have an infestation of flies, which may be coming from something 'dead' in a wall cavity somewhere.

My question is, we signed a 12mnth lease. Short assured tenancy. Can I exit this after 6 months?

Any help please, I am due a baby in 3 weeks and cannot face bringing her home here.

pmlindyloo

Since you are in Scotland I am going to direct you to the Shelter website which will tell you everything you need to know:

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/ending_a_tenancy?id=hp#9

There is also a section on disrepair.

BitterAndTwisted

If you were in England or Wales there would be two possible answers:

1) Check your tenancy agreement for a break-clause at the six month's mark.

2) In the absence of a break-clause the answer would be "No, not without your landlord's agreement".

tbs624

TeamNicholson wrote: »

I currently rent a property which is over 100 years old. We have had several problems with the property including leaks in the roof, a front door hanging off the hinge and several holes in skirtings, ceilings floors ets.

Were these repair issues all reported to the LL in writing and have they suibsequently been dealt with? What if anything remains in need of repair/maintenance works?

Rental properties in Scotland have to meet the "repairing standard" and Ts can contact the PRHP (Private Rented Housing Panel) to enforce any work that still needs to be completed.

TeamNicholson wrote: »

We now have an infestation of flies, which may be coming from something 'dead' in a wall cavity somewhere.

These may be cluster flies rather than there being anything deceased lurking [typo edit: somewhere] - seek advice on their habits and what you can do from the local Council's pest control officer

TeamNicholson wrote: »

My question is, we signed a 12mnth lease. Short assured tenancy. Can I exit this after 6 months?

Only if there is a break clause in your tenancy agreement or the LL agrees to an early release, which is likely to involve you paying out for advertsiing for a new T and continuing to be reponsible for rent etc until a suitable new T can be moved in.

TeamNicholson

Thanks for your replies.

Some tiles have been replaced on a 125 year old roof (original tiles)

There is still no damp proof layer.
There is no heating in the kitchen.
There is no thermal insulation.
Light fixtures remain hanging off ceiling.
Huge gap in floor in bolier cupboard (can see the light from outside)
Gaps and holes in flooring and woodwork.
Stress fracture in bedroom wall (subsidence???)

Nothing has been fixed other than 9 tiles replaced.

TeamNicholson

There are also hot pipes exposed that my toddler burnt himself on and the gaps in the stair banisters are huge (not regulation)

perthperson

If you have a 12 month tenancy then there's no break clause as there can be in tenancies in England. Shelter Scotland can give you advice, as said above. Also, tomorrow get on to your local council and ask to speak to the landlord registration people. There may also be people with a remit to give advice/ prevent homelessness in your local council - in our area that is the homeless team. Also, as already said, there's the duty on the landlord for repairs. To take this further you would have to have first complained to the landlord in writing and had no satisfactory response.

tbs624

TeamNicholson wrote: »

Thanks for your replies.

Some tiles have been replaced on a 125 year old roof (original tiles)

There is still no damp proof layer.
There is no heating in the kitchen.
There is no thermal insulation.
Light fixtures remain hanging off ceiling.
Huge gap in floor in bolier cupboard (can see the light from outside)
Gaps and holes in flooring and woodwork.
Stress fracture in bedroom wall (subsidence???)

Nothing has been fixed other than 9 tiles replaced.

As previously asked ...have you reported these issues to the LL *in writing*?

Is there a problem with damp?

The lack of heating in the kitchen should have been clear to you when you looked round the property.

Some details on a property meeting the Repairing Standard, to which I referred in my earlier post:

• the house is wind and water tight and reasonably fit for human habitation (taking account of the extent to which the house falls short of any building regulations, because of disrepair or sanitary defects);

• the structure and exterior of the house (including drains, gutters and external pipes) are in reasonable repair and proper working order (having regard to the house’s age, character and prospective life and the locality). Where the house forms part of premises (eg, a flat), this criterion includes any part of the premises that the owner is responsible for maintaining, solely or communally, but the Repairing Standard only applies if any part of, or anything in, the premises that the tenant is entitled to use is adversely affected;

• the installations in the house for the supply of water, gas and electricity and for sanitation, space heating and heating water are in reasonable repair and proper working order (including installations outside the house but serving it, and which the owner is responsible for maintaining, solely or communally);

• any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order;

• any furnishings provided under the tenancy are capable of being used safely for the purpose for which they are designed

• there is satisfactory provision for detecting and giving warning of fires.

My bolding - some of the issues you describe may well simply be what is to be expected in a property which is over 100 years old. Others, such as dangerous sounding light fittings clearly need sorting out

Where/what are the pipes on which you say your toddler got burnt? Could you not have covered them with foam insulation protection? Have you told the LL of your concerns?

Did you not notice the gap sizes between the banister rails when viewing the property? Have you actually asked the LL to help you make it safer for your son?

tbs624

perthperson wrote: »

If you have a 12 month tenancy then there's no break clause as there can be in tenancies in England..

On a general note, AFIAA the existence of a break clause would not prevent the agreement being described as a 12 month SAT?

Perhaps Artful can comment on this one - regular poster, LL of Scottish properties

TeamNicholson

They are hot water pipes that supply the upstairs radiators they are located in the hall. It wasnt until we had moved in we noticed the gap in the banisters could fit my toddler through them. Yes all issues have been reported to the letting agency who have been for a vvisit and seem the problems for themselves.
I am not requesting the landlord must fix all these items, id rather move. We were misled and Ill advised into taking a 12 month lease.

TeamNicholson

After spending hundreds of pounds carpeting the stairs and landings and painting 5 rooms, I really can't afford to be paying for things like foam insulating the pipes.