Can I sue my landlord?

Zoe_Smith_2

My husband and I are coming to the end of our 6 month tenancy. We took the tenancy out in good faith, but we now believe the house was unfit for occupation at the beginning of the contract due mainly to electrical problems. Environmental Health are coming in a few days time.

If this is indeed found to be the case, can we sue our landlord? Most problems were known by the landlord at the time the contract was drawn up (included on the inventory). We reported those that weren't on the inventory early in the contract (to a maintenance firm) but they weren't property fixed. Unfortunately, our landlady died a couple of weeks after we moved in. Although her daughters told us where to send them the money for our rent, no-one has taken responsibility for maintenance. As far as I'm concerned, if the property was unfit at the beginning of the contract, shouldn't the contract be void from day one? And if so, can we get our money back?

lynzpower

hi Zoe,

I can see this is your first post so welcome to MSE.

The first point, yant makes is kinda true.

HOWEVER- if env health comes out NOW and deems it unfit NOW, then you do not need to pay rent, as you can agree with the Landlord ( presumably her daughters now- did they inherit the house) to dissolve the contract if they agree. if they DONT agree, then they will need to put you up in a hotel or alternative flat until the remedial work is completed- you continue to pay rent over this period.

olly300

Zoe_Smith wrote: »

My husband and I are coming to the end of our 6 month tenancy. We took the tenancy out in good faith, but we now believe the house was unfit for occupation at the beginning of the contract due mainly to electrical problems. Environmental Health are coming in a few days time.

If this is indeed found to be the case, can we sue our landlord?

No.

If the property is inhabitable then you need to get it agreed that the contact ends immediately. The envirnomental health would also serve a notice on the LL to remedy the situation before they prosecuted them.

If the landlord refuses to end the contract or suggest an agreeable alternative (doing neither is hardly likely) then you will need to take legal advise before doing anything.

Shelter hotline 0808 800 4444 8am to midnight

Zoe_Smith wrote: »

As far as I'm concerned, if the property was unfit at the beginning of the contract, shouldn't the contract be void from day one? And if so, can we get our money back?

No contract has yet been proven to have been breached as attempts, while unsuccessful, where made by the landlord in good faith to remedy the situation which can be shown by the maintenance company coming out and fixing things.

Also if you care coming to the end of your tenancy it just a case of you moving on and finding somewhere better. As you know what faults you encountered when you view new properties test things and look behind things. I use to test showers on viewings after I learnt that in the UK as shower could mean a drip of water. And yes I did get some strange looks but I'm the one who was making the commitment to live in the property.