tenancy agreement

ShirlsP

Hello,

Just after some advise. How do you know if a private agreement from the internet would be valid in court?
Thanks

G_M

Show it to your solicitor.

Or start a court case and the judge will tell you.

However it is unlikely the agreeement as a whole would not be valid, though clauses within it may not be.

Background?

ShirlsP

I don't have a solicitor. It's a propertyhotspots ASTA.

Mr_Pitiful

A tenancy agreement can say anything it likes, doesn't mean that its contents can be enforced. There's also no need for a written agreement.

From what viewpoint are you wanting advice, as a landlord or tenant?

ShirlsP

Hi,

I am a tenant and I have a very damp room, so damp mould is growing on my shoes in my wardrobe. I have been told nothing can be done about it until the summer when it's dry but we need to have the heating on all day as the drastic change in temperature doesn't help (makes sense) happy to do that but the girls I live with are not and the wall is so wet/cold that I don't think that the temp being left on 16degrees during the day will be enough therefore I have no option but to leave as mould is unacceptable livings conditions. This agreement I have says two months notice but I plan to lie age this weekend.

Mr_Pitiful

You'll still remain liable for the rent for the rest of the contract / notice period unless the landlord agrees that you can leave early. If you've paid a deposit the landlord is likely to want to keep it. The only other action that the landlord can take is to make a court claim against you for the monies they claim are owed. If it went that far you'd get the chance to put a defence in that the property was in such a state that you couldn't live there any longer, and use that to offset the arrears.

What action has the landlord taken? Have you has it inspected by Environmental health from your local council?

Hump

(Assuming you're in England) If you leave the landlord might not be bothered and nothing may happen. However it's likely that you will be contractually liable for rent until the end of any notice you serve on the landlord - or until the end of the tenancy if you are still in the fixed term. If they make a claim against you in the courts - for example a 'money judgement order' then you might counter claim for damages for the condition of the property - but to do this ou would sensibly have an independent report on the condition - so I would suggest you contact the Environmental Health Department of your local council and ask for an inspection of the property BEFORE you leave. If they inspect and ascertain that the property is defective and that repairs are required then this could help if you end up in court. Risky proposition however - would the landlord allow you to surrender the tenancy (Assuming you have your own individual tenancy agreement)? don't cost owt to ask as court is almost always messy and costly

G_M

This post here will tell you how/when/if you can end the tenancy.

The mould is a separate (repairing) issue. See Shelter advice here.

Damp is either
* internal (eg caused by you drying wet washing inside without any /enough ventilation) -therefore you lifestyle and your fault) or
* structural ( eg external gutters overflow causes water to run down walls outside and penetrate through - landlord's repairing duty)

If you think it's the 2nd
1) write to the landlord requiring an inspection and remedial action in a 'reasonable' timeframe (not next summer!)
2) contact Environemantal Health

Your original Q about validity of the AST is a red herring.