Landlord/Letting Agents breach of tenancy agreement

C.Lightowler

I apologise if this thread is already elsewhere! If it is please could someone point me in the right direction?

If not, here goes...

I rent a property through a well-known letting agents and have done since September 2011.

Originally I signed a 12 month tenancy agreement and then in Sept 2012 I signed for a further 12 months.

However, since then I have had problem after problem with the property and the letting agents and now I want to move out early (my tenancy agreement runs until September 2013).

The washing machine in the property hasn't worked since November 2011, the lights in the bathroom and the outside lights haven't worked since December (I live on my own down a very dark lane with no neighbours), the boiler intermittently stops working and rather than replace the boiler they just keep making cowboy repairs on it.

After getting nowhere with telephone calls I sent a complaint letter to the letting agents in February and chased it up in March by email and was told that my letter would be passed on to the correct person and dealt with.

But I am still without my washing machine, lighting, etc.

I now want to break my lease by claiming that the landlord/letting agents have breached my lease and want to send them notice that I will be vacating the property in the next 30 days.

Can I do this?

Also, my rent is due on the 2nd of each month so can I therefore only pay them 2 weeks' rent?

Sorry if this is all a bit confusing... your help would be appreciated!

BitterAndTwisted

You have signed a legally-binding contract, so you are not free to end it except with the landlord's agreement. IN WRITING.

Why were you wasting your time by phoning the agent? Put your observations to THE LANDLORD IN WRITING. Now. Asking when you can expect the repairs to be addressed.

Read your tenancy agreement to establish whether the landlord is responsible for repairing or replacing the washing-machine. In many cases they are not.

As the boiler: the landlord can decide to have repairs undertaken. They cannot be forced to replace it unless it is beyond repair, or parts are no longer available.

princeofpounds

Can I do this?

No.

Read this:

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets

For non-hazardous repairing issues, you can use the repairing process established in Lee Parker vs Izzet 1971.

see bottom of this article:

http://www.letlink.co.uk/articles/topic-introductions/rent.html

For disrepair that involves a hazard (in a loose sense of the term) council environmental health can issue repairing orders too.

Also, my rent is due on the 2nd of each month so can I therefore only pay them 2 weeks' rent?

No. Rental perods are not divisible except in some very specific situations.

pmlindyloo

Follow B&T's advice and get this in writing to the landlord.

The letting agent is acting as an agent for the landlord and has no authority to carry out repairs without the landlord's say so.

Your landlord's address will be on your tenancy agreement even if it is only c/o the letting agent.

Then go onto the Shelter website (make sure you use the correct country)and follow their procedure.

C.Lightowler

Thanks BitterAndTwisted and princeofpounds.

I can't contact the landlord as I don't have any of her contact details.

The property is managed by the letting agents and they won't give me my landlord's details, everything has to go through them and they pass stuff on to my landlord.

I understand your point about the washing machine (although for a furnished property I would expect to have goods in working order) but the lighting is a real issue.

There is an electrical fault and I have to shower, bath, etc in the dark and have done for the past 5 months.

Also, the lighting on the outside of the house is an issue.

My tenancy agreement says that under section 11 of the Landlord and Tenant Act 1985 the landlord has obligations to "keep in repair and proper working order the installations for the supply of water, gas and electricity".

Would the lighting situation not be classed as them breaching the tenancy agreement then?

It just seems that they have rights to serve notice on me if I breach it but I don't have the same rights?

Could I just withhold my rent and wait for them to serve notice on me to evict me then?

BitterAndTwisted

If you start threatening to withhold your rent, the one thing you can absolutely guarantee is that any necessary repairs or maintenance will almost certainly cease.

What outcome are you seeking: to have the repairs undertaken or to be evicted?

If you do indeed withhold your rent, any costs which the landlord incurs in evicting you will be awarded against you in court as well as any unpaid rent. Is that truly what you wish to happen?

DRP

C.Lightowler wrote: »

Thanks BitterAndTwisted and princeofpounds.

I can't contact the landlord as I don't have any of her contact details.

The property is managed by the letting agents and they won't give me my landlord's details, everything has to go through them and they pass stuff on to my landlord.

I understand your point about the washing machine (although for a furnished property I would expect to have goods in working order) but the lighting is a real issue.

There is an electrical fault and I have to shower, bath, etc in the dark and have done for the past 5 months.

Also, the lighting on the outside of the house is an issue.

My tenancy agreement says that under section 11 of the Landlord and Tenant Act 1985 the landlord has obligations to "keep in repair and proper working order the installations for the supply of water, gas and electricity".

Would the lighting situation not be classed as them breaching the tenancy agreement then?

It just seems that they have rights to serve notice on me if I breach it but I don't have the same rights?

Could I just withhold my rent and wait for them to serve notice on me to evict me then?

whose address is on the contract?

C.Lightowler

Ultimately now I think I just want to be out of the property.

It is such a bad state of repair in general - the lighting and the washing machine are just the two things I have actually requested they fix.

It would cost the landlord thousands to repair everything that needs doing!

The address for the landlord on the tenancy agreement is the letting agents' registered office.

C.Lightowler

Obviously I don't want to incur costs, I just want to be out of there and move in to a nice property rather than one ridden with problems!

BitterAndTwisted

In which case you should closely examine your tenancy agreement for a break clause, usually at the six-month mark or thereafter.

Or, negotiate a mutual surrender with the agent/landlord.

benjus

Is this in England or Wales?

http://www.landlordzone.co.uk/landlord's_address.htm

Maybe you should write to the agency reminding them that they have a legal obligation to give you the landlord's name and address.