Rental queery

lighting_up_the_chalice

Guest101 wrote: »

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

It's quite simple. A tenancy, of itself, is NOT a contract. It confers title to land or premises. It may CONTAIN a contract, and even have contractual terms, but it is a tenancy, NOT a contract.

G_M

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.

This is poor advice so should be ignored.

The issue of the water bill can be dealt with easily, and is NOT either a reason, excuse, or justification for 'walking away'. Two wrongs do not makea right.

You could (ultimately) sue the landlord for your losses (ie the cost of the water bill) and you would win (breach of contract).

But if you 'walk away', the LL could sue you for the non-payment of rent (breach of contract).

Guest 101 is getting confused with repudiatory breach of contract (which would not apply here).

In a few very rare and extreme cases, a tenant may be able to claim repudiatory breach of contract, return the keys, and end the tenancy. In the 1992 case 'Hussein & Others v Mehlman' , the judge ruled that rent was not payable from the time the keys were returned.

It should be noted that in that case the LL had deliberately ignored a multitude of very severe repairing issues, which had been referred to both Envronmental Health and a surveyor, over an extended period of time.

To qualify, the breach must be of a fundamental term of the contract (ie not just payment for the water), and of a sufficiently fundamental character, to amount to repudiation.

Because of the uncertainty of the law in this area, and the fact that this was only a County Court ruling, tenants are strongly advised to seek very specialised legal advice before relying on this to end their tenancy.

So:
Deduct the bill from your next rent. send a letter to the LL at the address "for the serving of notices" with:

* quote the clause in the tenancy agreement relating to water
* enclose a copy of the bill
* explain what you are doing and why

mrginge

I did warn him.

JuicyJesus

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.

Big dangly b*llocks.