Ending tenancy agreement due to breach of contract

Coolz

My mum has recently signed a contract to move to a rental property under an AST - she hasn't moved in yet although she got the keys last week. She paid a sizable holders fee and deposit to secure it. I saw the property for the first time last weekend and I had serious concerns that the property isn't habitable or safe. The property is essentially a converted garage into living accommodation in the garden at the back of the main house. I've since checked with Planning and Building Regulations departments at the local council and the property does not have/has never had applications submitted or approved to change the use to residential accommodation and to let it out as a rental property. My concern is around the habitability of the property - it smells really damp, toilets and drainage don't work, there are bugs, and I obviously have concerns about the safety of electrical installations and potential fire risks.
Because of this, my mum no longer wants to move in to the property as she feel unsafe and wants to be released from the contract and to get her deposit back. Any guidance about what we might be able to legally do to end this contract?

G_M

She has signed a contract, and could be sued.

having said that, I suspect the landlord is breaking so many rules that it would not be in his interest to have her stir up a hornets nest fr him. So negotiate....

* Planning Law - local Council
* Environmental Health - local council
* Breach of mortgage terms (perhaps) if he has one (check the Land registry here £3)
* Tax evasion if rent not declared (see HMRC here)
* Insurance invalid
* Does the 'property' have gas? (see HSE )

RAS

Get hold of environmental health and the local Tenancy relations officer early next week. The EHO is the one who can declare the property uninhabitable. At that point the LL has the option of providing alternative habitable accomodation or releasing her from the contract.

I would be tempted to speak to the Planning Office as well as they may well be prepared to issue an enforcement notice preventing it being used as a dwelling.

Once she is out of it all, speak to HMRC about it; most unikely that the LL has been paying tax.

Coolz

I have spoken to what feels like every employee in the Planning and Building regulations teams at the local authority today and I think the Planning Enforcement team will be visiting next week.

Mum and I have a meeting with the Letting Agents set up for tomorrow so that they can "talk through our concerns". Should we approach this from the angle that she wants to be released from the contract due to the fact that we feel both the LL and the LA are in breach of contract for renting a property that is not a "legally" safe dwelling and that the property was misrepresented? I'm uncomfortable about throwing the word "legally" about, because I don't know if what the LL has done is illegal yet, but I don't know how else to try to get across to the LA the impacts of them letting a property that at the very least not adequate to live in and at worse a safety hazard.

RAS

You need to speak to Environmental Health as they are the ones who declare properties uninhabitable.

Do not assume Council Officers speak to each other. Do however make sure you tell the EHO that you have spoken to Planning.

theartfullodger

Just because somewhere doesn't have planning or building regulations doesn't mean the AST is invalid.

It is bizarre & unfair that a landlord can take a tenant to court & get a tenancy ended for beach of contract buta tenant can't do vv.

Hope it works out

*Robin*

Coolz wrote: »

I have spoken to what feels like every employee in the Planning and Building regulations teams at the local authority today and I think the Planning Enforcement team will be visiting next week.

Mum and I have a meeting with the Letting Agents set up for tomorrow so that they can "talk through our concerns". Should we approach this from the angle that she wants to be released from the contract due to the fact that we feel both the LL and the LA are in breach of contract for renting a property that is not a "legally" safe dwelling and that the property was misrepresented? I'm uncomfortable about throwing the word "legally" about, because I don't know if what the LL has done is illegal yet, but I don't know how else to try to get across to the LA the impacts of them letting a property that at the very least not adequate to live in and at worse a safety hazard.

Can you postpone this meeting until after the Planning Enforcement [and EH?] team have visited the property?

Then you will have a better idea of where your Mum stands.

G_M

theartfullodger wrote: »

It is bizarre & unfair that a landlord can take a tenant to court & get a tenancy ended for beach of contract buta tenant can't do vv.
t

.... but a tenant can't easily...

The following should be taken on board with caution:

[FONT="]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 1992 ([/FONT][FONT="]'Hussein & Others v Mehlman'[/FONT][FONT="]) the judge ruled that rent was not payable from the time the keys were returned. BUT, in that case the LL had deliberately ignored a multitude of very severe repairing issues, previously referred to both Environmental Health & a surveyor, over an extended period of time.[/FONT]

[FONT="]The breach must be of a sufficiently fundamental character, to amount to repudiation.[/FONT]

[FONT="]Because of the uncertainty of the law in this area, plus 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. [/FONT]

[FONT=&quot][/FONT]

Coolz

Just to update you all on this. Met with the LL this weekend and he has agreed to end the tenancy and pay back the deposit - in full!!! :j

Thanks for your advice and support!!!

harrys_dad

Excellent OP, well done. Once you have that confirmed in writing, and your mum has her money back, then make sure the Local Authority have details so no-one else gets in trouble with the same property.

theartfullodger

Well done Coolz!! Well done looking after mum!!! Excellent news!!

(Then grass the little sc*%t up to HMRC....)