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Breach of contract by landlord ?
Comments
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This might help:
http://www.mydeposits.co.uk/sites/default/files/Tenant%20Factsheet%20Can%20I%20withold%20rent.pdf
it spells out what you can do if the landlord is not carrying out his repair obligations.
Or see the Shelter website for similar information when the LL does not carry out his obligations.0 -
What you are seeking is "repudiatory breach of contract". That is very different.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
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 ('Hussein & Others v Mehlman') 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. Both EH and the surveyor had repeatedly highlighted the issues to the LL and been ignored.
The breach must be of a sufficiently fundamental character, to amount to repudiation.
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.0
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