Letting agent not completing fairs: grounds to leave?

BeardedWonder

(whoops, butchered title, should read 'letting agent not completing repairs: fair grounds to leave?)

Moved into a flat 3 months ago, first issue reported was a faulty heating system. Letting agent organised a heating engineer who has failed to fix it, I notify the landlord who gets the same engeineer out (or sometimes doesn't bother to come), fails to fix it... 3 months later my heating is still faulty!

More cruically I reported 2 cockroach sittings 2weeks ago. Pest control still not been arranged... not seen any since but it's very uncomfotable. Yes, I do keep the flat tidy!

Being honest I don't like the flat (took it in a desperate state) and would love to get out.

For not actioing these faults do I have any legal grounds to to leave due to poor service? ie does this constitute breach of contract? Or if I want to leave before the contract expires do I have to rely on them releasing me from the contract?

sandsni

You could leave, but you would still be liable for the rent for the fixed term. Neither of these issues would be grounds for early release. You could ask for early surrender and hope the LL only charges you for reletting costs (is the flat in an area where it's likely to be relet quickly?) but it would be up to the LL whether they agreed or not.

Have you reported the problems in writing? Ultimately it's the LLs responsibility, even if you rent via an agent. If you feel that the issues aren't being dealt with quickly enough you could contact Environmental Health who can compel the LL to repair the heating and deal with the cockroach problem within a given timescale.

BeardedWonder

I'm renting in whalley range in manchester where flats go pretty quickly. Ideally i'd just like to get out so think I'll just try and be reasonable with the agent and offer to cover any letting costs if it can be readvertised...

Problems have been reported on email and phone.

ValHaller

BeardedWonder wrote: »

More cruically I reported 2 cockroach sittings 2weeks ago.

You mean the cockroaches take it in turns to do their munching? They can't do it all together in 1 go?

BeardedWonder

ValHaller wrote: »

You mean the cockroaches take it in turns to do their munching? They can't do it all together in 1 go?

Long day at work and tired, lost the ability to type / make any sense.

sightings of course

G_M

You cannot use the repairs as grounds to end the tenancy.

However, you can pursue the repairs.

And you can end the tenancy in other ways.
* How long is your fixed term? If 6 months and 3 have gone, you can leave in another 3 (no notice needed).
* or you can negotiate an Early Surrender.

Read
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)


Repairs should always be reported properly: in writing to the landlord at the address provided "for the serving of notices". Keep copies for paper trail. If repairs are not completed in a 'reasonable' timeframe (and assuming they are repairs that fall within the LL's responsibility) you can follow Shelter advice here.

Or contact Environmental Health.

BeardedWonder

Thanks GM. I signed for 12 months (allowed myself to be pushed into this.. I was desperate). No break clause in the contract so am I relying on the agent's goodwill, and realistically finding a new tenant, if I want to leave before the 12 months is up?

neverdespairgirl

G_M wrote: »

You cannot use the repairs as grounds to end the tenancy.

However, you can pursue the repairs.



Read
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)


Repairs should always be reported properly: in writing to the landlord at the address provided "for the serving of notices". Keep copies for paper trail. If repairs are not completed in a 'reasonable' timeframe (and assuming they are repairs that fall within the LL's responsibility) you can follow Shelter advice here.

Or contact Environmental Health.

I've read you posting similar advice, and links to that thread, often.

I think the advice is incorrect in that it is too definite.

Failures by landlords to meet their obligations might, in some circumstances, be a repudiatory breach of the contract, such that the tenant is entitled to accept the breach as ending the contract.

It's fact dependant, but I do think you need to stop saying, whenever this frequent issue is raised, that the only remedies for failure to repair are environmental health or serving notices. It's not the case.

A tenant can only terminate a tenancy where there is a repudiatory breach of contract - a breach so serious that it denies the innocent party of the substantial benefit of the contract.

The above case doesn't appear to be a repudiatory breach, but I think that the option does need to be thought of when repairs etc are mentioned.

geoffken

.

Problems have been reported on email and phone.[/QUOTE]


Email is not writing in law.

If you want to do things properly do things properly.
IN WRITING !!!!

G_M

neverdespairgirl wrote: »

I've read you posting similar advice, and links to that thread, often.

I think the advice is incorrect in that it is too definite.

Failures by landlords to meet their obligations might, in some circumstances, be a repudiatory breach of the contract, such that the tenant is entitled to accept the breach as ending the contract.

It's fact dependant, but I do think you need to stop saying, whenever this frequent issue is raised, that the only remedies for failure to repair are environmental health or serving notices. It's not the case.

A tenant can only terminate a tenancy where there is a repudiatory breach of contract - a breach so serious that it denies the innocent party of the substantial benefit of the contract.

The above case doesn't appear to be a repudiatory breach, but I think that the option does need to be thought of when repairs etc are mentioned.

Thanks ndgirl.

It's a fair point though not an area I know much about never having come across a case where a repudiatory breach of the contract was upheld.

As well as altering my advice in future cases, I would be happy/keen to edit my linked post - could you suggest relevant wording, and /or reference exmples of cases where the repairing breach had been shown to be sufficient to end the tenancy? As well as guidance on how a tenant would achieve this?

Feel free to post here or PM me as preferred. Also happy to credit you with any amendment!

tbs624

G_M wrote: »

As well as altering my advice in future cases,......

.I think we all need to be careful about presenting our posts as "advice" however knowledgeable any of us may be, whether that knowledge be gained through personal ( and/or professional) experience or training/qualification etc.

Relevant pointer from the Forum Rules:

I want to give advice, why can't I? If you're discussing a topic you have a professional knowledge of you can make that clear, but please don't give "advice". We don't have the resources to check what you say is correct and would hate to hear something had happened to someone reading it.

We offer suggestions, guidance, opinion and so on
and we should remind posters to seek their own verification of what any of us are saying in our respond posts.