Early Termination of Tenancy Agreement Help

stee66

Hi,

Myself and my partner have been renting a flat since the 2nd November. Whenwe moved in we noticed a dry brown water stain on the ceiling in the sparebedroom. this was noted in the itinerary so we didn't think much about it.

Over the past month we have noticed that the stain has got a bit bigger andwater from it has run down the wall. We notified the agency who is managing ourproperty.

Also as we live on the 3rd floor there is 6 flights of stairs. The runnerson the edge of the stairs are loose and slowly coming away. On three of thesteps the runner has come off and the carpet is loose. The parking area isuntidy and never cleaned up.

We reported this to the agent and they informed us that the landlord was indispute with the building management company and that we will have to live withit.

Also we have a boiler which keeps losing pressure and a few other smallerbits which need rectifying which we have again reported.

The landlord hasn't done anything about any of our repairs/ maintenance.

Now my partner is pregnant and although not ideal with no lift to our floorwe are trying to end our tenancy agreement, as we feel it is not safe with theloose edging on the stairs and the spare room which the baby would be in has aleaking roof.

We cannot afford the £750 fee they want to charge us and also pay the rentuntil they find a new tenant.

Does anyone know if i could get out of the agreement without paying the feesor have any advice on what i can try (e.g. legal action if needed).

Thank you in advance!

Steve

Guest101

Your pretty much stuck, but you may have a case if ur deposit was not protected. Was it?

chris_m

stee66 wrote: »

We cannot afford the £750 fee they want to charge us and also pay the rentuntil they find a new tenant.
Does anyone know if i could get out of the agreement without paying the feesor have any advice on what i can try (e.g. legal action if needed).

You are legally bound to the contract you signed so the only proper way out is to seek an early surrender - which will be at the terms specified by the landlord, in this case it sounds like they want £750 for remarketing (sounds somewhat high TBH, maybe worth trying to negotiate), etc. and, quite reasonably, the rent up to the point they get a new tenant in.

The only other ways are to stop paying the rent and get evicted with a much reduced chance of renting elsewhere and almost certainly no help from the council or to try and "disappear" with the risk that the LL will eventually trace you - neither of which are a good idea, so I don't recommend them but mention them to dissuade you in case either had crossed your mind.

As to the defects, have you notified the landlord in writing, or just phoned/emailed/texted the agent? If only the latter then you need to write to the landlord (pen and paper). If you get no further joy from that course, then I dare say environmental health might be able to apply more pressure about the unsafe stairs but probably not much about the rest. If the water leak was causing a serious damp problem that would be a different matter and I'm sure they'd be interested. You say the boiler keeps losing pressure - are you able/allowed to repressurise it or do you have to report it to the agency? If the latter and it's occurring frequently with delays before it's fixed that might also be something EH could help with chasing a fix.

Kynthia

You've signed a contract that binds you to renting the property for the length of that contract. How long is it and is there a break clause? Have you reported these things in writing to the address in your contract? Stick to what is important and the facts, include photos, stress the importance of each item, plus keep copies. If you feel something is genuinely dangerous to health/life and you've given the landlord time to do something then call environmental health.

stee66

What you mean protected? So the landlord doesn't have to maintain the access to the flat or sort the water damage to the ceiling?

southoftheriver

stee66 wrote: »

What you mean protected? So the landlord doesn't have to maintain the access to the flat or sort the water damage to the ceiling?

Nobody said that they don't but unfortunately that doesn't mean you won't be charged for ended the tenancy early, plus paying rent until a new tenant is found. Are you able to contact the landlord directly?

stee66

We have signed a contract for 12month so we are bound until 2nd November 2014. We have no break clause! We have emailed and phoned the Moss properties everyday. We speak to different people each time and get told they will call us back. This never happens even though we phone back later. i think the stairs are a H&S risk to anyone in the building. So i might play on that a little. Thanks for the help.

stee66

We can't contact the landlord directly

Yorkie1

The LA is legally obliged to provide you with the LL's address if you formally request it. It's a criminal offence to fail to do so.

I can't remember the specific legislation but hopefully someone will be along soon to let you know.

Guest101

What does your contract say regarding serving notice? Where do u do this? That's the address.

Deposit protected in a scheme, like mydeposits for example

G_M

1) stop phoning. WRITE!
Address letter to the landlord an send to the address on the tenny agreement "for the serving of notics".(even if this is c/o the agent).

2) If you WRITE to the agent asking for the LL's address, they have 21 days to provide it. Criminal offence to refuse (though many agents do!). See Landlord & Tenant Act 1985

1 Disclosure of landlord’s identity.

(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—

(a)any person who demands, or the last person who received, rent payable under the tenancy, or

(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,

that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.

(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(3)In this section and section 2—

(a)“tenant” includes a statutory tenant; and

(b)“landlord” means the immediate landlord.

3) Repairing issues rarely justify ending a tenancy. Persue repairs seperately. See Shelter, or contact Environmental Health if the issues are serious/health-related

4) Early surrender can be agreed but the LL/agen can ask whatever they want in return for agreement.

5) If your deposit was not registered (see links below and check the schemes yourself) you may have bargaining power as there is a penalty for failure to register.


Deposits (Rules on deposit protection)

Localism Act 2011 (section 184 - updates to deposit scheme rules) Plain English explanation!

Prescribed Information (RLA links to various deposit schemes' documentation)