Can I end my tenancy early - Scotland

Turnbull2000

What on earth were you thinking in decorating your rented property? Did you ever consider that you're not only paying for the use of, but also improving the condition of a landlords asset? Or that he could demand higher rent on the improved property or evict you after 6 months?

Unless the council deems the property uninhabitable or landlord agrees to let you leave, you're likely committed to paying the full 12 months.

tbs624

TeamNicholson wrote: »

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.

As Turnbull says.

We're not talking megabucks for foam insulation link and as a parent I don't think it's a difficult choice there - repainting the walls or "making safe" some hot pipes.

Can you and your partner not arrange for some polycarbonate sheeting to be cut to size and affixed so that there is no further risk to your toddler from the "too wide" banister rails? If that involved screwing into the LLs woodwork or whatever then clearly you would need his written consent but it may be that it could simply be securely wedged on the staircase side?

You have confirmed that you have told the LA about the repair/maint issues but did you do so in writing, copy kept? Has the LA confimed to you whether he has passed info on the problems to the LL for his attention?

Do you have friends/family local to you btw or are you totally new to the area and in need of some support?

TeamNicholson

Turnbull2000 wrote: »

What on earth were you thinking in decorating your rented property? Did you ever consider that you're not only paying for the use of, but also improving the condition of a landlords asset? Or that he could demand higher rent on the improved property or evict you after 6 months?

Unless the council deems the property uninhabitable or landlord agrees to let you leave, you're likely committed to paying the full 12 months.

We agreed to do the decoration in return for a reduction in rent. We had hoped it would be our family home for a few years. We were assured all work was cosmetic only...how wrong.

The property is still not wind and water tight and it doesn't have any thermal insulation. So surely regardless of anything else, it doesn't meet the repair standard and given I informed them of this 2 months ago I should have a good case to leave?

TeamNicholson

tbs624 wrote: »

As Turnbull says.

We're not talking megabucks for foam insulation link and as a parent I don't think it's a difficult choice there - repainting the walls or "making safe" some hot pipes.

Can you and your partner not arrange for some polycarbonate sheeting to be cut to size and affixed so that there is no further risk to your toddler from the "too wide" banister rails? If that involved screwing into the LLs woodwork or whatever then clearly you would need his written consent but it may be that it could simply be securely wedged on the staircase side?

You have confirmed that you have told the LA about the repair/maint issues but did you do so in writing, copy kept? Has the LA confimed to you whether he has passed info on the problems to the LL for his attention?

Do you have friends/family local to you btw or are you totally new to the area and in need of some support?

We have blocked off the banisters and pipes with cardboard boxes to make it safe for my toddler.

No I didn't inform in writing, it was telephone calls made to property management who relay the information to the landlord. As I said, I painted to get a reduction in rent, I certainly did not choose to 'paint over making safe hot pipes'

All I asked is if I can get out of my lease early, it does not meet the repair standard. I'm sure I have made some mistakes in painting and not sending anything in writing but at the end of the day I have to bring a new born baby home here in the next couple of weeks and its damp and we have a fly infestation.

tbs624

TeamNicholson wrote: »

We agreed to do the decoration in return for a reduction in rent. We had hoped it would be our family home for a few years. We were assured all work was cosmetic only...how wrong.

The property is still not wind and water tight and it doesn't have any thermal insulation. So surely regardless of anything else, it doesn't meet the repair standard and given I informed them of this 2 months ago I should have a good case to leave?

My bolding .Again, did you do so *in writing?

If the LL is not maintaining the property to the appropriate standard despite being properly informed by you of the specific shortcomings then escalate it to the PRHP as mentioned in my earlier post - use this link

Were you shown an EPC before you took the tenancy up btw? This would have flagged up any potential issues around insulation, or lack thereof .

There is free insulation available via some schemes run by utiltiy companies etc -see http://www.moneysavingexpert.com/utilities/free-cavity-loft-insulation - it's not just for owner occupiers but you would need to talk to the LL.

TeamNicholson

tbs624 wrote: »

My bolding .Again, did you do so *in writing?

If the LL is not maintaining the property to the appropriate standard despite being properly informed by you of the specific shortcomings then escalate it to the PRHP as mentioned in my earlier post - use this link

Were you shown an EPC before you took the tenancy up btw? This would have flagged up any potential issues around insulation, or lack thereof .

There is free insulation available via some schemes run by utiltiy companies etc -see http://www.moneysavingexpert.com/utilities/free-cavity-loft-insulation - it's not just for owner occupiers but you would need to talk to the LL.

No, not in writing. I was told to communicate by phone with property management. All further correspondance will now be in writing. No we were not shown an energy efficiency report, we were not aware that was required, I have since found out this is required from jan 09. This is the first time we have rented from an agency, we previously rented from a family friend for four years with no problems.

BitterAndTwisted

Stop phoning the agent and START WRITING if you want these repair issues to be treated seriously.


You say the property does "not meet the repair standard" but whose standards are these and who has made that decision?

If you are intent on getting out of your legally-binding obligations you only thing that would be guaranteed to get you out of there is if the place was condemned. In most cases Environmental health will make recommendations and only follow them up if they are not complied with.

Have you had a look the the Shelter Scotland's site about your landlord's statutory repairing obligations?

TeamNicholson

BitterAndTwisted wrote: »

Stop phoning the agent and START WRITING if you want these repair issues to be treated seriously.


You say the property does "not meet the repair standard" but whose standards are these and who has made that decision?

If you are intent on getting out of your legally-binding obligations you only thing that would be guaranteed to get you out of there is if the place was condemned. In most cases Environmental health will make recommendations and only follow them up if they are not complied with.

Have you had a look the the Shelter Scotland's site about your landlord's statutory repairing obligations?

The repair standard is what private lets in Scotland have to abide by. Yes I have spoken to shelter previously and I know what the landlords repairing obligations are. These have not been met.

tbs624

TeamNicholson wrote: »

No I didn't inform in writing, it was telephone calls made to property management who relay the information to the landlord. As I said, I painted to get a reduction in rent, I certainly did not choose to 'paint over making safe hot pipes'

apologies if my comment appeared harsh but at that point you had simply said that you had effectively spent up on paint & carpets

TeamNicholson wrote: »

All I asked is if I can get out of my lease early, it does not meet the repair standard. I'm sure I have made some mistakes in painting and not sending anything in writing but at the end of the day I have to bring a new born baby home here in the next couple of weeks and its damp and we have a fly infestation.

My bolding. We have given our opinions and suggestions on that one.

Have you looked up cluster flies, as suggested earlier? They do not just occupy rental properties that need some care and attention. link

If the property is damp etc then ask the LL/LA to provide a dehumdifier ( or buy/borrow one) as a temporary measure. and then - I repeat- head for the PRHP to get resolve

Don't take it personally when posters ask if you have reported the issues to the LL in writing - the reason for this question is because to pursue the matter via the PRHP the Panel info states

"Before you can make an application to the prhp, you have to notify your landlord that the work needs to be done and give your landlord reasonable time to complete the work. You will have to produce evidence to show that you have done this"

Do you have any emails/texts or other confirmation from the LA which you could use as evidence? Anything confirming the reason for their visit to the property?

Application form here

Your options seem to be either chasing up the repairs or you can talk to the LL and see what his/her terms would be for bringing the tenancy to an early end.

BitterAndTwisted

In which case you need to flex your letter-writing fingers and start communicating with your landlord in the conventional way. List all the things which require attention and ask them to let you know when they intend to address them.

As long as you keep phoning the agent and hassling only them, the landlord can ignore both you and the agent until Doomsday