Can I use my landlord's inefficiency to end my lease earlier?

Koalabear

Hello,
I have a 3 year lease with another 18 months to go. My landlords have really dragged their heals to get some repairs done and the house wasn't in the best condition when we moved in - I gave them the benefit of the doubt at the time as it was a very quick turn around between previous tenants leaving and us moving in.
However, I wrote to them at the beginning of December with a list of things that needed doing, including a damp problem on the wall in the lounge (the side of the upholstery against the wall covered in fluffy mould so it's all now away from the wall). We went away for a month and it was agreed that everything would get done. We came back and the work person had obviously just started but hadn't touched the lounge, and hasn't been around for 3 weeks now.
My rent is really not cheap and I feel taken for a ride. Additionally, I would be very surprised if the deposit, gas and electricity certifications etc have been done by the book as things such as the loft conversion are 'unofficial'.
What is the best thing to do in order to either get the landlord to 'get a grip' or walk away from this unpleasant situation? Shall I go to the CAB and find out more about my rights or is there anything else I can do myself?
Thank you in advance.

HappyMJ

On a 3 year lease there will usually be a clause enabling you to quit earlier. Have a look at your lease and/or speak to Shelter.

agrinnall

Rather than complaining to us about it why haven't you checked for yourself whether the deposit has been protected and the gas certificate obtained (no electricity certificate is required)?

pinkshoes

Check the three government schemes to see if your deposit has been protected.

Regarding the work, I'd write to the LL and state what needs doing, giving him 21 days from receipt of the letter to have all work completed. Say that if he fails to do this, you will be arranging quotes for the work yourself, and getting the work done and deducting the amount from the next month's rent. Send the letter with proof of postage, and perhaps hand deliver a 2nd copy too.

G_M

No. These are not reasons to end a contract.

Whether the contract has a break clause is another matter - have you read it?

As for deposit, why not check? Likewise gas certificate etc.

Repairs - there are processes for getting repairs done, but breaching your tenancy agreement is not one of them.

Shelter repairs here.

edit: You may have hope. An AST of 3 years or more must be Executed as a Deed, and witnessed as such. Landlords issuing long ASTs should issue a maximum of 3 years less one day to avoid the necessity of a Deed.

* Are you sure it is 3 years exactly?
* Was it witnessed as a Deed?

HB58

G-M, please will you tell me a bit more about this as my son has recently signed a 3 year lease on a flat-share? Thanks.

OP - sorry to hijack your thread!

thelem

HB58: What is your actual question? Does your son have a contract he wants to get out of? Has he checked his contract to see what options it gives him (e.g. break clause)? Is his landlord not doing what he should be doing?

G_M

HB58 wrote: »

G-M, please will you tell me a bit more about this as my son has recently signed a 3 year lease on a flat-share? Thanks.

OP - sorry to hijack your thread!

Law of Property Act 1925

52 Conveyances to be by deed.
(1)All conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed.

(2)This section does not apply to—

(a)assents by a personal representative;

(b)disclaimers made in accordance with [F1sections 178 to 180 or sections 315 to 319 of the Insolvency Act 1986], or not required to be evidenced in writing;

(c)surrenders by operation of law, including surrenders which may, by law, be effected without writing;

(d)leases or tenancies or other assurances not required by law to be made in writing;

(e)receipts [F2other than those falling within section 115 below];

(f)vesting orders of the court or other competent authority;

(g)conveyances taking effect by operation of law.

54 Creation of interests in land by parol.
(1)All interests in land created by parol and not put in writing and signed by the persons so creating the same, or by their agents thereunto lawfully authorised in writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.

(2)Nothing in the foregoing provisions of this Part of this Act shall affect the creation by parol of leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without taking a fine.

Or, in Engish:

A tenancy must be created by Deed, unless the law says it does not need to be in writing.

A tenancy up to and including 3 years (not exceeding) can be created verbally (by parol). So does not need to be in writing.

Therefore a tenancy exceeding 3 years
a) must be written AND
b) must be a Deed

whereas a tenancy up to 3 years can be either written OR verbal, so need not be a Deed.

edit: HOWEVER. This is a complex and uncertain area of law in application - legal advice would be needed. The fact that a tenancy of over 3 years was created without a Deed does not mean necessarily that the tenancy is invalid:

* there would be an 'interest at will' (ie permission to use the property, but that permission could be withdrawn at any time "at will") and

* there could be an equitable interest (ie a court could rule that despite the failure to formalise the tenancy (via a Deed), there was a clear intention by both parties (shown via the wriiten agreement) to create an AST of that length, and therefore an AST was created anyway (an 'equitable' decision).

I am not going to continue, since it would require a 2 hour lecture such as given on a law degree course, and it's been a long time......

edit: and yes, I had to look it all up!