Breach of contract by landlord ?

annie_cardiff

In my tenancy agreement it states that
1 .. Tenant to be present at check in of inventory, I was not offered this.

2 .. All mechanical and electrical items to be in proper working order prior to commencement of tenancy.., Wash machine,electric fire,fridge
none working, still waiting for guttering to be replaced and fencing made good
Does these constitute a breach of contract ?

Pixie5740

Are you trying to end your tenancy early?

Vectis

You've advised the LL of these problems? What was the response?

princeofpounds

breaching a contract doesn't mean contract is invalid!

What are you trying to achieve?

annie_cardiff

I advised letting agency of all the problems but was told as LL had replaced fridge (after 12 days) he has already spent money and I will have to wait for other repairs to be carried out ! What I am trying to achieve is knowledge of what would constitute a breach should I wish to leave property before end of contract

pyueck

annie_cardiff wrote: »

In my tenancy agreement it states that
1 .. Tenant to be present at check in of inventory, I was not offered this.

2 .. All mechanical and electrical items to be in proper working order prior to commencement of tenancy.., Wash machine,electric fire,fridge
none working, still waiting for guttering to be replaced and fencing made good
Does these constitute a breach of contract ?

1. Do you disagree with the inventory, make sure you update the inventory with your disagreements before signing.

2. Does the contract really say 'All mechanical and electrical items to be in proper working order prior to commencement of tenancy' never ever seen a term such as this. When you say 'none working' you mean that you turn on these devices and nothing? Have you asked the landlord about it, what did he say?

3. What is wrong with the guttering and fencing?

4. Do they constitute a breach of contract, possibly. However as previously stated this doesn't invalidate the contract. What are you seeking damages?

5. What is it that you are achieving. Are you trying to move out of the place before a fixed term has ended or are you looking to reduce your rental payments?

LEJC

annie_cardiff wrote: »

In my tenancy agreement it states that
1 .. Tenant to be present at check in of inventory, I was not offered this.

But I assume that you have an inventory?


If there are facts on the inventory that you do not agree with document them with photos if applicable and return the inventory to the LL / LA.....if you dont do this within a reasonable timesacale,usually within 7 days of moving in then it is assumed that you agree with the contents of what is documented in the inventory.


If you have not received an inventory then it is very difficult to issue you one retrospectively as neither party will be clear on the condition and observations contained within it.

pyueck

annie_cardiff wrote: »

I advised letting agency of all the problems but was told as LL had replaced fridge (after 12 days) he has already spent money and I will have to wait for other repairs to be carried out ! What I am trying to achieve is knowledge of what would constitute a breach should I wish to leave property before end of contract

A breach of contract does not mean you can leave the property before the end of the contract. You would need to agree this with the landlord. You can sue for a breach of contract if you feel that you either are not getting the services that you are contractually obliged to received or have experienced measurable damage under the laws of tort.

In extreme cases enviromental health can order a landlord to do work if a place is unsafe, and in very extreme cases can order somewhere to be demolised, sold or closed if deemed not safe for human habitation. Your case does not seem to be any where near this.

Are you trying to use these problems as a mechanism to end the tenancy or are you just frustrated with the lack of progress.

benjus

annie_cardiff wrote: »

What I am trying to achieve is knowledge of what would constitute a breach should I wish to leave property before end of contract

If a contract is breached you can take legal action against the other party for damages or to require them to fulfill the contract. However, the contract still stands.

To have the contract set aside (i.e. declared void) you would have to claim misrepresentation. I'm no expert but I suspect that what you've described would not be sufficient to support this.

annie_cardiff

The inventory was not available prior to my moving in as it was not ready !
I had the letting agents down to the property within 2 days to log and photograph all issues. The guttering is hanging from roof , fencing is down between myself and neighbours garden (not safe for dog to go out unattended)
In my contract it states under Other repairs
"To ensure that at the start of and during the Tenancy all mechanical and electrical items including any burgular alarm belonging to the landlord and forming part of the fixtures and fittings,are in repair and proper working order unless the lack of repair is due to the negligence or misuse of the tenant.

pyueck

annie_cardiff wrote: »

The inventory was not available prior to my moving in as it was not ready !
I had the letting agents down to the property within 2 days to log and photograph all issues. The guttering is hanging from roof , fencing is down between myself and neighbours garden (not safe for dog to go out unattended)
In my contract it states under Other repairs
"To ensure that at the start of and during the Tenancy all mechanical and electrical items including any burgular alarm belonging to the landlord and forming part of the fixtures and fittings,are in repair and proper working order unless the lack of repair is due to the negligence or misuse of the tenant.

So only 'Wash machine,electric fire,fridge' if they are fixed to the premises.

Even so it's not going to get your out of your tenancy unless the landlord agrees.