Rental queery

mrginge

Guest101 wrote: »

If the landlord has breached the contract (which is what a tenancy is, an obligation on both parties) then yes the tenant can simply walk away.

It takes a brave person to post something like that without backing it up.

Idiophreak

Off topic, I know...But I like queery as a new word:

Queery: Noun. A strange question.

mrginge

Guest101 wrote: »

Lets put it in reverse, the rent is £400 pm, but in february i decide to pay £300, would the land lord have a right to start eviction proceedings? ofcourse he would.

I'd stop right now if i were you. You're going to make yourself look silly

[Deleted User]

Guest101 wrote: »

If he breaches the contract, even on a minor clause, the contract still becomes void and null. It's basics of a contract.

You're correct that tenancy agreements are contracts however they are not what governs the entire tenancy. A tenancy agreement is the specifics of a tenancy, the rental period, the rental cost, the restrictions and requirements, it is not the be all and end all of the tenancy, that is covered by tenancy law and no matter what the tenancy agreement says, tenancy law takes precedent.

Please can you cite what part of tenancy law shows that a tenant can abandon a tenancy due to contractual failings by the landlord? I can find nothing that backs this up.

Guest101

mrginge wrote: »

I'd stop right now if i were you. You're going to make yourself look silly

Well then you seem to have all the facts, go on correct me.

Guest101

citricsquid wrote: »

You're correct that tenancy agreements are contracts however they are not what governs the entire tenancy. A tenancy agreement is the specifics of a tenancy, the rental period, the rental cost, the restrictions and requirements, it is not the be all and end all of the tenancy, that is covered by tenancy law and no matter what the tenancy agreement says, tenancy law takes precedent.

Please can you cite what part of tenancy law shows that a tenant can abandon a tenancy due to contractual failings by the landlord? I can find nothing that backs this up.

Yes ofcourse the law is the minimum a tanacy agreement guarantess, but if there are other obligation placed on the landlord and/or the tenant, which are not illegal, which this is not, then they form part of that tenancy.

Is the landlord really likely to pursue them in court, if he has failed in his obligations? Its possible, but no guarantees he'd be successful.

Meanwhile they're left paying rent and water. Anyway it's up to the OP my suggestion is pay the rent less the water, make sur eyou pay the water. Which is what i said originally.

lighting_up_the_chalice

Guest101 wrote: »

If the landlord has breached the contract (which is what a tenancy is, an obligation on both parties) then yes the tenant can simply walk away.

Oh no they can't.

Apart from a very limited number of circumstances which would serve to frustrate the tenancy (and a dispute over a water bill isn't one), then the tenancy continues until an equitable surrender or a court order is granted.

The tenant CANNOT and SHOULD NOT just "walk away".

lighting_up_the_chalice

Guest101 wrote: »

If he breaches the contract, even on a minor clause, the contract still becomes void and null. It's basics of a contract.

Utter twaddle.

Guest101

lighting_up_the_chalice wrote: »

Oh no they can't.

Apart from a very limited number of circumstances which would serve to frustrate the tenancy (and a dispute over a water bill isn't one), then the tenancy continues until an equitable surrender or a court order is granted.

The tenant CANNOT and SHOULD NOT just "walk away".

Well my understanding of contract laws must be different to your's, so do explain.

dodger1

Guest101 wrote: »

Lets put it in reverse, the rent is £400 pm, but in february i decide to pay £300, would the land lord have a right to start eviction proceedings? ofcourse he would.

You are wrong. If the tenancy is still in a fixed term the eviction process for unpaid rent can only start when the total arrears are at least two months rent.

2. Under the Rent Arrears Ground


This should be used where there are rent arrears of a total value of more than two months worth (i.e. for a rent of £600 per month the arrears are £1,200 or more).
You will need to serve a 'section 8' notice in the prescribed form before issuing proceedings and the notice period of two weeks must have expired.
You should then use the 'normal' possession proceedings (known as a 'fixed date' action) and the court will set the case down for a hearing, which you will have to attend. You will need to give evidence to the court of the rent arrears due at the date of the hearing