Can a Landlord back out of releasing a contract?

sea_of_stars

Back in September, myself and four friends started renting a house which we found through the uni accommodation website (we are all students.) Before moving in, we had viewed the house and could see nothing wrong and were not told of any problems. I say 'viewed' - but the past tenants were all in so we couldn't enter their rooms and the house was a mess.

Before signing anything, I made sure to read the contract (apparently something students never do!) and made sure to go over it with the landlord himself beforehand.

After moving in, it was obvious that the house had some issues. Some of these issues he made out to be lighter than they were, some he addressed, some he now denies we informed him about at all. At the moment, the house is next to impossible to heat and we also need to have windows open at all times as there is a problem with condensation (we were not told about beforehand), which obviously makes matters worse.

With Winter coming, myself and another tenant feel that the house is not in a fit state to live in. The other tenants agree, but can't be bothered with the stress of moving. Our landlord agreed to release us from our contracts so that we could move (this was written through email.) However, he has now said through a letter that he has tried to address these problems, outlined how and said he will not be releasing our contracts.

I am so tired of having to sit and work in a house which is constantly cold and constantly smells of damp, amongst other problems. I have to wear at least seven layers when I sit down to work and my hands and feet go numb - it's that cold!

Is there anything we can do? All I want is to be able to live comfortably.

Fire_Fox

Welcome! Firstly have you already addressed your lifestyles to see if you are causing or contributing to the condensation damp? Don't underestimate how many pints of water each person will produce each day, let alone five. When showering do you all keep the window open/ extractor on/ door closed during and after? Is anyone air drying laundry indoors? Are you using pan lids and the extractor fan when cooking?

A damp house or one where you have windows open all the time will be difficult to heat, so it's important to get rid of the water source. If you are confident you have already adjusted your lifestyles and have reported all the issues to the landlord in writing but are not happy with his solution, call in Environmental Health at the local council for an inspection. Damp is a health hazard and you should be able to heat the house adequately, they can enforce the landlord's repairing obligations.

Is the house properly registered as an HMO and are all your damage deposits lodged with one of the three schemes?

G_M

landlord agreed to release us from our contracts so that we could move (this was written through email.)

1) what exactly does the email say? Are there any conditions attached? Is a date given for this agreed Early Surrender? Did you respond to the email, agreeing, or was his email a response to one from you requesting Early Surrender?

2) Do you all have a single "joint and several" tenancy in which case it would end for all 5 of you, or do you each have seperate tenancy agreements (in which case, does his email relate to you, or you and the other tenant who is unhappy, or to all 5 tenancies?

sea_of_stars

Hi Firefox, thank for your reply!

We are all very careful to reduce the amount of moisture we add to the house. The extractor fan in the kitchen is on 24/7 and we usually have the back door open when we cook too, the extractor fan in the bathroom comes on automatically when you switch on the lights and stays on for a few minutes when the light is switched off. We had to air dry laundry at first (a tumble dryer was given to us last week) but always have the windows wide open.

It's hard to control as every surface is cold due to the heat either going right out of the open windows, or evaporating moisture, which just goes around and settles back on surfaces. The ventilation is also poor in the bathroom (tiny window which doesn't open.) I don't feel safe having the ground floor windows fully open all the time as we live in a bit of a dodgy area, but they are on trickle vents at least if nobody is home.

The house is registered and our deposits are protected.

sea_of_stars

G_M,

The email simply says - 'so if you wish to find an alternative place for ____, I won't stop her or hold her to the contract.' which solely refers to me (a parent emailed on my behalf as he was ignoring me when I raised issues.) Parent then replied to say I would be moving ASAP as well as the other tenant. The following email from our landlord completely ignored this. No dates were given, apart from that we would be leaving before January.

Our contracts are seperate, so our leaving would not effect the other tenants.

G_M

sea_of_stars wrote: »

G_M,

The email simply says - 'so if you wish to find an alternative place for ____, I won't stop her or hold her to the contract.' which solely refers to me (a parent emailed on my behalf as he was ignoring me when I raised issues.) Parent then replied to say I would be moving ASAP as well as the other tenant. The following email from our landlord completely ignored this. No dates were given, apart from that we would be leaving before January.

Our contracts are seperate, so our leaving would not effect the other tenants.

In that case I'm afraid:

1) the email exchange has no legal value since it is not between the parties to the contract (parent is not the tenant)
2) there is no agreed Early Surrender date, just an indication of intent - not legally binding
3) even if it WAS binding, it would relate only at best to you, since the other tenant is not mentioned.

I don't know if the subsequent letter was to you or your parent. If to you, then that constitutes the landlord's legal position. If to your parent, it adds nothing legally (other than another statement of intent).

So your options are

A) follow Fire Fox's advice regarding enforcement of the LL's obligations to ensure the property is inhabitable etc and/or

start negotiating again (YOU, not a 3d party on your behalf!) for an Early Surrender. Perhaps if you make it easier/less costly for the landlord eg

* agree to pay rent till new, acceptable, tenant takes up a tenancy
* agree to find an acceptable new tenant
* agree to pay for the LL's advertising costs etc

real1314

G_M wrote: »

In that case I'm afraid:

1) the email exchange has no legal value since it is not between the parties to the contract (parent is not the tenant)

Parent was evidently the tenants agent and was clearly accepted as such by the landlord? :cool:

Fire_Fox

sea_of_stars wrote: »

Hi Firefox, thank for your reply!

We are all very careful to reduce the amount of moisture we add to the house. The extractor fan in the kitchen is on 24/7 and we usually have the back door open when we cook too, the extractor fan in the bathroom comes on automatically when you switch on the lights and stays on for a few minutes when the light is switched off. We had to air dry laundry at first (a tumble dryer was given to us last week) but always have the windows wide open.

It's hard to control as every surface is cold due to the heat either going right out of the open windows, or evaporating moisture, which just goes around and settles back on surfaces. The ventilation is also poor in the bathroom (tiny window which doesn't open.) I don't feel safe having the ground floor windows fully open all the time as we live in a bit of a dodgy area, but they are on trickle vents at least if nobody is home.

The house is registered and our deposits are protected.

Air drying laundry indoors is one of the worst things you could do, you would have been better to use an outside airer, electric dehumidifier or the launderette. I'd imagine five of you were getting through some serious laundry, even with the windows open some of that water will stay in the house.

Trickle vents are pretty useless, you need proper air flow - get an electric dehumidifier if you can't/ don't want to leave the windows open. Contact Environmental Health about the lack of ventilation in the bathroom, with five of you showering that is another major culprit. In the mean time consider all turning the water off whilst you soap up - just on for wetting and rinsing, this will also save you on bills. Are you leaving the door closed and the light/ extractor fan on well after you finish showering? Is the extractor fan actually vented outside and is it 'sucking' adequately?

Given you only got a tumble dryer last week try to get the place drier with more air flow or an electric dehumidifier over the next month. And adjust your shower habits again if you are not already doing as I suggest. Appreciate you have been trying nor saying this is entirely your fault but I think you have grossly underestimated how much water each person produces, it honestly is pints per head and there have been five showers and five loads of laundry not escaping properly. If the issues are as bad in a couple of weeks then definitely get EH in to inspect.

Cold surfaces absolutely do make a difference but are not the sole cause. There is a problem with condensation in my block, metal window frames which make the whole window area icy in winter, windowless bathrooms, useless extractor fans. I barely use the heating so my flat is very cold, yet have the least mould of any flat I have been in. I open all the windows daily year round and have made significant adjustments to my lifestyle with air drying laundry and showering. With five of you to split the running costs you may find a dehumidifier both economical and practical, and this will help keep the house warmer. You should then safely be able to close the trickle vents when you are home. :T

"General
Each person breathing – approx ½ litre a day
Paraffin Heaters – 2.5 to 5 litres a day or 5 litres of water from 5 litres of paraffin
Calor gas heaters – 5 litres of water to 1 kg of gas

Kitchen
Washing up – 1 lite a day
Washing clothes (if not in a washing machine) – 2 litres a day
Cooking per person – ½ lite per day

Bathroom
Clothes drying – 6 litre a day
Bathing/washing – 1 litre per day
The average family can produce between 7-14 litres of water per day."
http://www.irwellvalleyha.co.uk/cont...densation.aspx

sea_of_stars

GM,

Ah, thank you, I feared as much. The other tenant was mentioned but the landlord chose to ignore it. The letter was addressed to me, but each tenant has received the exact same one (even those who did not say they wanted to leave the property.)

Firefox,

Yes, though everything we do to try to prevent excess moisture doesn't seems to make a jot of difference. We have been given leaflets about preventing condensation and given advice but with the inability to heat the house it just seems to go round and round in circles.

The bathroom extractor fan sucks air through to outside the house, but I don't think it's doing an adequate job. I've told this to the house's handyman (appointed by the landlord) but he doesn't seem to think there's much that can be done about it. The fan stays on for about five minutes after the lights are off, but we've been leaving the light on lately so that the extractor stays running. The bathroom door is kept open after use so we know it's free.

Unfortunately I am usually in uni from 9am to 9pm (then work at home until 2am - who said students don't work? haha) so laundrettes would not be an option for me. I'm hoping the tumble drier will make a difference.

We now have a dehumidifier which is running to extract condensation from downstairs.

We have already made adjustments to how we cook, how we clean, how we wash and dry clothes - I don't see what else we can do It's quite disheartening as our landlord clearly thinks we are not trying, but the bottom line is - with bad ventilation and a freezing cold house, there's only s much we can do as tenants.

Thanks everyone for your advice, ideas and expertise! I will let you know how we get on.

tbs624

sea_of_stars wrote: »

Back in September, myself and four friends started renting a house which we found through the uni accommodation website (we are all students.)

At most Unis private sector LLs are required to ensure that their properties meet specific standards/sign up to a code of conduct before the LL is permitted to advertise. Have you spoken to the Uni accomms office about the problems you are having?

sea_of_stars wrote: »

After moving in, it was obvious that the house had some issues. Some of these issues he made out to be lighter than they were, some he addressed, some he now denies we informed him about at all.

Always, always, report repairs and maintenance issues to the LL *in writing* and keep your own copy. If you raise something via phone first then follow it up with a confirmatory letter stating what has been discussed/agreed etc.

sea_of_stars wrote: »

At the moment, the house is next to impossible to heat and we also need to have windows open at all times as there is a problem with condensation (we were not told about beforehand), which obviously makes matters worse.

Does the property have full gas CH or electric storage heaters? If gas has the LL provided a current gas safety cert for the property? Is there a User's Manual for the heating system? If one not provided by the LL look the system up online.

Have you checked the radiators - do they all warm up fully or do they need bleeding/balancing?

As others have said, you need to do what you can to minimise condensation - google "Haringey Council" and "damp and condensation pdf" for clear guidance on this issue. Shut that bathroom door after use so that the bathroom fan has a better chance of doing the job it is intended to. Leaving the door open just allows moist air to swirl into the rest of the property - make a simple laminated occupied/vacant sign that you can flip when users vacate the bathroom.

Were you shown an EPC (energy performance cert) before you took the property on? Are there insulation issues? Much free/cheap insulation available from utility companies - even from ones that you are not a customer of. Check it out and flag up possibilities to the LL.

If the LL is being slow to address the cold and damp you can ask the local Council's EHO
(Env Health Officer) or TRO ( Tenancy Relations Officer - private sector rentals) to arrange a formal assessment of the property under what is referred to as HHSRS (the Housing Health and Safety Rating System) as damp, mould etc and insuffucient heating are classed as "housing hazards". LL can, if necessary, be formally ordered to complete certain works.

Bottom line is that LL has a statutory obligation to keep the means of heating space/water at the property in good working order and LLs have been fined for failing to provide adequate means of heat at their tenanted properties.

ElizabethSmith

Landlords can be really bad, especially in student areas where they feel they can get away with it. My daughter is at uni in a pretty horrible student house at the moment. Good luck getting those contracts back. Let me kow if you hear about a good place for advice.