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Breaking a lease due to landlord's conduct
Charski
Posts: 17 Forumite
Hello everyone. I'm a newbie around here but would really appreciate advice on a matter that is troubling myself and my fiance.
We rented a two bedroom cottage through a letting agency in late February 2014 with a lease signed for one year. The landlord was kind enough to let us have the keys early as, due to work schedules, we were struggling to pack up and get larger furniture items moved in.
When we started to move our furniture into the house it was a wreck. There was dirt and dust everywhere, maggots in kitchen drawers and at the back of the cabinets and a white powdery residue cooked onto the stove. We explained all of this to the letting agency and the landlord and they promised it would be dealt with. It never was. Because we were right up to the time of moving we had no choice but to accept that we had been lax and clean it all ourselves, noting on the inventory what we had cleaned prior to them coming to take one. This was signed by the letting agent to confirm that what we had said was true.
Since our move we have been plagued by problems with damp in the bedrooms and kitchen, and boiler issues. We had a company come out to inspect for damp and they gave us a report that said the bedrooms needed to be properly insulated and there needed to be better ventilation as humidity was collecting too heavily and causing surface damp. This was late summer, there was no reason for the damp at this time of year. The boiler continued to break down and we had to wait for the landlord, who was largely uncontactable, to finally get back to us.
Mid-December the boiler stopped working completely. We called, we texted, we left voicemails for the landlord and after 5 days without heat or hot water we contacted someone ourselves and paid for the repair. We managed to get hold of the landlord after Christmas (calling from an unknown number) where he told us he didn't really care as he was planning to sell the house anyway. No mention of repaying what we had paid to get the boiler fixed.
We've managed to find another property to move into at the end of this month and therefore want to break the lease a month early to do so. We just can't risk staying any longer, if we're going to end up having to pay for the boiler if it breaks again. How can we go about this in a way that doesn't leave us liable for further rent and with as much of our security deposit returned as possible?
We rented a two bedroom cottage through a letting agency in late February 2014 with a lease signed for one year. The landlord was kind enough to let us have the keys early as, due to work schedules, we were struggling to pack up and get larger furniture items moved in.
When we started to move our furniture into the house it was a wreck. There was dirt and dust everywhere, maggots in kitchen drawers and at the back of the cabinets and a white powdery residue cooked onto the stove. We explained all of this to the letting agency and the landlord and they promised it would be dealt with. It never was. Because we were right up to the time of moving we had no choice but to accept that we had been lax and clean it all ourselves, noting on the inventory what we had cleaned prior to them coming to take one. This was signed by the letting agent to confirm that what we had said was true.
Since our move we have been plagued by problems with damp in the bedrooms and kitchen, and boiler issues. We had a company come out to inspect for damp and they gave us a report that said the bedrooms needed to be properly insulated and there needed to be better ventilation as humidity was collecting too heavily and causing surface damp. This was late summer, there was no reason for the damp at this time of year. The boiler continued to break down and we had to wait for the landlord, who was largely uncontactable, to finally get back to us.
Mid-December the boiler stopped working completely. We called, we texted, we left voicemails for the landlord and after 5 days without heat or hot water we contacted someone ourselves and paid for the repair. We managed to get hold of the landlord after Christmas (calling from an unknown number) where he told us he didn't really care as he was planning to sell the house anyway. No mention of repaying what we had paid to get the boiler fixed.
We've managed to find another property to move into at the end of this month and therefore want to break the lease a month early to do so. We just can't risk staying any longer, if we're going to end up having to pay for the boiler if it breaks again. How can we go about this in a way that doesn't leave us liable for further rent and with as much of our security deposit returned as possible?
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Comments
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Hello everyone. I'm a newbie around here but would really appreciate advice on a matter that is troubling myself and my fiance.
We rented a two bedroom cottage through a letting agency in late February 2014 with a lease signed for one year. The landlord was kind enough to let us have the keys early as, due to work schedules, we were struggling to pack up and get larger furniture items moved in.
When we started to move our furniture into the house it was a wreck. There was dirt and dust everywhere, maggots in kitchen drawers and at the back of the cabinets and a white powdery residue cooked onto the stove. We explained all of this to the letting agency and the landlord and they promised it would be dealt with. It never was. Because we were right up to the time of moving we had no choice but to accept that we had been lax and clean it all ourselves, noting on the inventory what we had cleaned prior to them coming to take one. This was signed by the letting agent to confirm that what we had said was true.
Since our move we have been plagued by problems with damp in the bedrooms and kitchen, and boiler issues. We had a company come out to inspect for damp and they gave us a report that said the bedrooms needed to be properly insulated and there needed to be better ventilation as humidity was collecting too heavily and causing surface damp. This was late summer, there was no reason for the damp at this time of year. The boiler continued to break down and we had to wait for the landlord, who was largely uncontactable, to finally get back to us.
Mid-December the boiler stopped working completely. We called, we texted, we left voicemails for the landlord and after 5 days without heat or hot water we contacted someone ourselves and paid for the repair. We managed to get hold of the landlord after Christmas (calling from an unknown number) where he told us he didn't really care as he was planning to sell the house anyway. No mention of repaying what we had paid to get the boiler fixed.
We've managed to find another property to move into at the end of this month and therefore want to break the lease a month early to do so. We just can't risk staying any longer, if we're going to end up having to pay for the boiler if it breaks again. How can we go about this in a way that doesn't leave us liable for further rent and with as much of our security deposit returned as possible?
You write a letter to the Landlord, telling them that despite trying to contact them over a 5 day period, you were unable to do so and had to pay for the repair to the boiler yourself. As this is not your responsibility (and having made reasonable eeforts to contact) you will be deducting this amount from the next rent payment.
Presumebly your deposit was protected? if so this letter, along with a proof of payment, should be enough to make sure that this amount cannot be charged against your deposit.
Outside of this, you are liable for the rent until the end of your lease, given this is 1 rent payment (assuming you've paid December - Jan rent) i doubt you'll have much left to pay.
You do not need to give any notice, but for the sake of it, tell them you are leaving at the end of your lease in the same letter.
Highlight the damp issue, which you (reported in writing?) reported earlier in 2014 - attach a copy of your report.
EDIT: for clarity, when i say 'write', i mean a letter, with a stamp, to the address for the purpose of serving notices, you may wish to CC a copy to the letting agent too.0 -
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Unless you can get the place declared uninhabitable by Environmental Health then the only way you can do it is by negotiation.
I think you're right in most cases, as there would be significant rent owing for the remainder of the lease, given that they have 1 rent payment to make, and that the cost of repairs can be reasonably deducted from the rent. I dont think it necessary in this case to involve the council0 -
Thanks for the advice. We'll send a letter, as that seems to be the only way we can contact, and see what happens from there!0
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Some extra info on withholding rent where you need to make repairs yourself;
http://www.mydeposits.co.uk/sites/default/files/Landlord%20Factsheet%20Can%20my%20Tenant%20withold%20rent.pdf
To terminate the contract, you'd need to show there has been a fundamental breach of contract. I'm not sure whether you're there yet, but I think you ought to arrange a visit from the environmental health unit of your local council.
From now on, make all communication in written form."Real knowledge is to know the extent of one's ignorance" - Confucius0 -
I think you're right in most cases, as there would be significant rent owing for the remainder of the lease, given that they have 1 rent payment to make, and that the cost of repairs can be reasonably deducted from the rent. I dont think it necessary in this case to involve the council
... but the question was how do they terminate a month early and retain most of their deposit. That is only going to happen by negotiation.0 -
... but the question was how do they terminate a month early and retain most of their deposit. That is only going to happen by negotiation.
Yes granted - like i say, i agree with you in principle completely.
I just dont think the negotiations are going to go well this late into the tenancy, given the LL clearly doesnt care about the tenant or the property.
But normally i'd give the same advice as you0 -
Stayed 11 months but cannot run the risk stay longer? Right...
Move now if you wish but you'll have to pay that last month rent.0 -
jjlandlord wrote: »Stayed 11 months but cannot run the risk stay longer? Right...
Move now if you wish but you'll have to pay that last month rent.
Because we have only just had to start paying for boiler repairs ourselves. The boiler has stopped working at least once a month but it is usually something wrong with the dial and timer which has been replaced four times in our stay.
I think it's fair not to want to pay for boiler repairs, right?0
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