Are we reasonable

annmaria2

Hello everyone.

I hope that no one objects to me joining this board just to ask for some expert advice I have a question about our tenancy, and where precisely do we stand?
In August 2012 we have rented large 3 bed terraced house with garden and garage on 2 year contract with 18 months break clause.
We have specified to LL we are only interested in long let and we have to secure a local school place. He was very understanding and confirm the house is a long let.

Unfortunately after we moved in we had multiple issues with the property however we have managed to sort them out ourselves i.e. garage full of landlords stuff, asbestos in the garden!, leftover garden rubbish from previous tenants, fixing rear garden gates, fixing flooring in the kitchen etc.
Winter 2012 came and we realized how poorly insulated the house was. No roof insulation, boiler that is almost 20 years old etc. However when the house was advertised the EPC rating was D which led me to believe the house we will be renting has the same decent (gas & electric) performance as our previous one.
Unfortunately we got stung with £700 gas bill for very limited use of gas boiler and cooker during first 3 winter months ( 30 min in the morning and 1 hour in the evening) - me and my partner we both work long hours and barely at home. We raised the issue with the landlords asking either for rent reduction or at least boiler replacement or let us move asap (January 2013). LL admitted to us he did not service the old boiler for over 3 years (he did do gas safety certs though).
It took LL 4 months to obtain quotes on boiler replacement and than 6 months down the line LLs dropped a bombshell on us saying they want us to move because they want to sell the house.
We said no because this is not what we have signed up for. We did signed long lease for the house with EPC rating D and we are expecting to have house that has that rating . Unfortunately nothing has been done. LL threw a tantrum and has gone quiet. Refused to address the issues before this winter.
So the winter is creeping up quickly and house is getting colder and boiler is taking even more gas than last year. We got so fed up we said we want to move out however the landlord is avoiding us. So we don't really know if we can just give them notice on basis they are in breach of contract?
Shelter states: 'Your home may not be safe or decent to live in if it has some or all of the following problems:
[...]Gas appliances that have not been recently or properly serviced or maintained- problems with your gas supply can lead to carbon monoxide poisoning.'

The only positive thing is I have achieved school place for my daughter however we are so fed up we just want to move.
What are our rights?

Any advise greatly appreciated.:)

New_and_Improved_Me

Excuse my ignorance…

but if you want to move out ………and the landlord wants you out….just find another place and move.

How much was the deposit you paid??

Worse case you will loose the deposit……….. but by the sound of things, even if you give notice and then move……………. he is unlikely to return the deposit.

Sounds like a dodgy LL to me…best to just move.

anselld

Can't see any breach of contract.
Safety obligations are met by the safety certificate, there is no obligation to service.
As you have discovered the EPC rating on its own is not much use. You have got a D rated property because the EPC says so!
So that leaves you with the 18 month break clause or negotiating an early surrender.

annmaria2

thanks for your answers guys,
hmmmm ... i thought if you advertised sth as EPC rating D it should have that performance and that includes presence of roof insulation

G_M

annmaria2 wrote: »

thanks for your answers guys,
hmmmm ... i thought if you advertised sth as EPC rating D it should have that performance and that includes presence of roof insulation

The rating is provided by the EPC inspector.

1) EPCs are (supposedly) based on a variety of factors.
2) many aspects are 'assumed' by the inspectors on the basis of a cursory look
3) Inspectors have around 2 days training
4) EPCs have one value only - to ensure house-buyers and letters do not break EU law. They have no practical use at all, and cannot be relied on to tell a buyer/renter anything meaningful.

annmaria2

so in this case usage of EPC rating can be misleading ?

anselld

annmaria2 wrote: »

thanks for your answers guys,
hmmmm ... i thought if you advertised sth as EPC rating D it should have that performance and that includes presence of roof insulation

Are you suggesting it has been advertised as D when it is not? You can check the actual EPC here ...
https://www.epcregister.com/reportSearchAddressByPostcode.html

annmaria2

Well we have spoken to family friend who is an inspector and he said its not possible to achieve D with boiler that is over 20 years old and no roof insulation. The house should be E or even F. Unless the person that has done the actual assessment had no clue what he/she was doing.
If we knew the house was for example E rating we would never have rented the place.

New_and_Improved_Me

G_M wrote: »

The rating is provided by the EPC inspector.

3) Inspectors have around 2 days training

Yup...sad but true...( It’s actually 5 Days now…J )

It’s a tick in the box and nothing more.....

I know a few people who have recently been on the course.....

And to be perfectly honest........the course is not worth the paper its written on....

My opinion only...mind you but i have seen some of the people doing the course.....

And the phrase 'Those who can't do...Teach'....applies to them........lol

Gigglepig

the house sounds like a nighmare, i have been in a similar situation and feel your pain. In order to resolve it, an amicable approach is probably going to be more effective and less costly than trying a legal route. The landlord is probably avoiding you because your requests for repair, no matter how reasonable, are stressful and annoying from their point of view. If you are angry or demanding (even when justified) they might just avoid you so i would suggest a different tactic. I would try to call, write and if necessary visit the landlord and very politely apologise for rejecting his request to move out earlier and say that with winter coming you agree it would be best, and agree on a mutually convenient date. Then make sure you have it all in writing by summarising the conversation and sending a very polite thank you card.

anselld

annmaria2 wrote: »

Well we have spoken to family friend who is an inspector and he said its not possible to achieve D with boiler that is over 20 years old and no roof insulation.

If it is in the register as D then it is possible (obviously).

However, it is all a pointless debate as far as you being able to terminate your contract early. Unless you want to exercise your break clause you *will* need to negotiate early release.

The above advice that losing deposit is worst case scenario is also incorrect. If you simply leave you could be held liable via the courts up to the end of the fixed term.