Ending my short hold tenancy early 31 December 2012 at 1:25PM in House buying, renting & selling 15 replies 1K views

djd011086

Hi

In September me and my boyfriend signed a 2 year short hold tenancy agreement with another couple. At the beginning of December we started hearing scratching behind the kitchen units and in the walls and after finding rat poo called the local environmental office who came out and confirmed that we had rats in the house. They were coming into the kitchen and sitting room at night which is an awful thought especially when we have a young daughter. Anyway he also told us that he had visited our property 4 times before when the landlord was living there and had told him to do a number of things to stop the rats from entering the house which he hasn't done. The landlord has been very good with the situation however, the other girl who we live with has a serious phobia of rats and has had to vacate the premises because of the situation. This has then caused a strain between all of us and so we have all decided we would like to leave early. The landlord is a nice guy and I do think he will understand but just so we know where do we stand with this as we have been told a number of different things? We are happy to stay until the first 6months which is March but we really want to leave. Should we help with advertising, stay until he finds new tenants etc???

Thanks for your help x

alta

Firstly you need to contact your LL and ask if he will release you from your contract early, he may agree and charge you rent up until a new tenant os found, and also his advertising costs. But he is well with-in his rights to hold you to the 2 yr tenancy.
If he is not happy with this then go back to enviromental health and get them to contact the LL and issue him with notice, they can stipulate that he has to do the repairs in a set time. Also ring the local council regarding pest control, some councils will do 3 free call out to tenants.

G_M

This post here gives the basics on ending a tenancy.

However, much depends in this case on what exactly the EH Officer did last time. Was a formal Enforcement Notice served on the LL, or did the EH Officer just give advice?

If the former, what did it say? Was a time-frame included? Might it make the property 'uninhabitable'?

Step one is clearly to get the LL to agree either to an Early Surrender (without penalties!), or to undertake the remedial action (without delay!).

Step two is enforcement by EH.

BitterAndTwisted

"Anyway he (EH) also told us that he had visited our property 4 times before when the landlord was living there and had told him to do a number of things to stop the rats from entering the house which he hasn't done".

These are not the actions of a "nice guy" or a responsible householder, never mind a landlord! He was fully aware of the infestation, neglected to address it properly, and then left it his poor tenants to suffer the consequences.

Do not expect your landlord to be cooperative in accepting an early release from your legally-binding contract.

Jeffrey_Shaw

Did the Letting Agreement contain a Break Clause that T (OP on thread) can use?

djd011086

I think we'll contact him first, he lives in Australia now so everything is being done by email and ask him to allow us to leave early. We don't mind helping with advertising or maybe even giving him a longer notice period while he finds new tenants but we just want out. We have just gone downstairs today into the basement/games room and the rug down there had rat poo everywhere and they've also chewed one of our sofas quite badly. Although he's being helpful with the situation now we just feel like the damage is done. I can't even open a cupboard without feeling I might find an unwanted guest which is an awful way to live.

As for the EH I'm not sure what they have issued before. I did call to ask if we could have copies of the letters but they said they dont have copies of those to send out however someone did advise that if I said it was for legal reasons then they would send them out. I do know that he received a letter with a list of things to do to rectify the problem like pull his decking up that is outside the house but like I say this didn't get done.

We just want to get out. I'm having to bleach the kitchen and floors every morning so that my daughter isn't exposed to diseases that are caused by rats.

bob2

All landlords should provide a UK contact address - have you not been given one?

The landlord should be sorting this out - but you obviously are anxious to get rid of the rats ASAP.

Thought of getting a cat? Even if it's not interested in hunting the rats it will act as a deterrent.

You could get some traps from a DIY store (although the results may not be pretty!).

Rats are rather clever and really would rather avoid you - so if you do surprise one it'll just run away if it can.

Jeffrey_Shaw

b!!! wrote: »

All landlords should provide a UK contact address - have you not been given one?

Not just 'UK' but in England & Wales- see s.3 of LTA 1985 and s.48 of LTA 1987.
[This assumes a residential letting, of course. Nether Act applies to a commercial letting]

G_M

djd011086 wrote: »

...., he lives in Australia now so everything is being done by email .

1) As stated above, if the LL has not provided you, in writing, with an address in England or Wales ("for the serving of notices") you do not have to pay rent (untill he does, at which point all rent becomes payable so keep unpaid rent to one side!). See Landlord and Tenant Act 1987 section 48.

2) If you are paying the landlord direct (ie into his bank account as opposed to a UK-based agent/family member etc) then you should be deducting the landlord's tax before paying rent. The HMRC can demand the tax off you!

See: HMRC (Non Resident [= overseas] Landlord Scheme)

djd011086

We have gone through an estate agent also so I guess that is what he is using for the UK side of things.

This situation has become even more strained now because I found out that I am pregnant on New Years Eve so I know that it is even more dangerous for me to be living there especially with rat wee.

We have emailed the landlord and asked him to kindly accept our 60 days notice so fingers crossed he surrenders the contract

julieb1987

Keep on at EH as well. someone may say it's not safe to live there so you'll have to move out. Also, is the sofa yours? Could threaten to claim back money to repair/replace the sofa?