Landlord's Obligations - Electricity Installations

Cammo66

I moved into a rented flat mid October 2015, on a two year lease. Having settled in I raised a number of issues with the landlord in November 2015, amongst these were:

1. The microwave did not work
2. The electric oven was faulty (no fan, no temperatures shown on the gauge)
3. The dishwasher did not work
4. The smoke / heat alarms had not been checked at the start of the tenancy, and having been subsequently looked at by an electrician, advised that they were older than 10 years old and needed to be replaced (they are wired into the electrical system)

Having got fed up of chasing the landlord for resolution I have advised the landlord of my intentions to quit the premises on the anniversary of moving in. There is no break clause in the Tenancy Agreement, but I am of the opinion that the Landlord has breached his obligations that state:

• 11.3 The landlord will keep the structure of the property and water, gas and electricity installations in good repair

Not to mention that he is in breach of The Smoke and Carbon Monoxide Alarm (England) Regulations 2015


Am I on the right track, and within my rights to terminate the contract?


Many thanks!

thesaint

What does the tenancy agreement say about the repair of the oven, microwave and dishwasher?

Do you have a "normal" residential property?

Whatever the answer, I don't think that you can decide not to pay rent until the end of your contract, as there are remedies there for you to get repairs done(if it is indeed the landlords responsibility).

System

Report the landlord!!!

sheff6107

There is no break clause in the Tenancy Agreement

So you just need to give one month's notice and then you're out of there.

thesaint

sheff6107 wrote: »

So you just need to give one month's notice and then you're out of there.

Yes...In November next year.

agrinnall

As thesaint says, there is a procedure to have repairs done yourself at the LL's expense, explained here by Shelter.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/responsibility_for_repairs/tenants_doing_repairs

Unilaterally moving out before the end of the tenancy and failing to pay rent for the remaining will leave you open to legal action by the LL.

sheff6107 wrote: »

So you just need to give one month's notice and then you're out of there.

No, just no!

Cammo66

The property is a two bedroom flat, estate agent was an introducer, so they just found us as tenants, set up the tenancy, and then handed over to the landlord.


The landlord's obligations re any electrical installations are to keep them in good repair. As it has been ten months of inactivity, despite reminders, I think they are in breach of this obligation, but am not a legal expert!

thesaint

Cammo66 wrote: »

The landlord's obligations re any electrical installations are to keep them in good repair.

A microwave isn't an electrical installation. That is wiring/plug sockets etc.

I think you will find that the landlord isn't legally required to repair any of the appliances you are talking about.

Cammo66

thesaint wrote: »

A microwave isn't an electrical installation. That is wiring/plug sockets etc.

I think you will find that the landlord isn't legally required to repair any of the appliances you are talking about.

Ahhh, well, there is nothing else specific in the tenancy agreement then. Many thanks for the clarification!

thesaint

Cammo66 wrote: »

Ahhh, well, there is nothing else specific in the tenancy agreement then. Many thanks for the clarification!

You used the past tense in regards to the appliances not working.
Are you saying they are still not working?

45002

Cammo66 wrote:

I moved into a rented flat mid October 2015, on a two year lease. Having settled in I raised a number of issues with the landlord in November 2015, amongst these were:

1. The microwave did not work
2. The electric oven was faulty (no fan, no temperatures shown on the gauge)
3. The dishwasher did not work
4. The smoke / heat alarms had not been checked at the start of the tenancy, and having been subsequently looked at by an electrician, advised that they were older than 10 years old and needed to be replaced (they are wired into the electrical system)

Having got fed up of chasing the landlord for resolution I have advised the landlord of my intentions to quit the premises on the anniversary of moving in. There is no break clause in the Tenancy Agreement, but I am of the opinion that the Landlord has breached his obligations that state:

• 11.3 The landlord will keep the structure of the property and water, gas and electricity installations in good repair

Not to mention that he is in breach of The Smoke and Carbon Monoxide Alarm (England) Regulations 2015


Am I on the right track, and within my rights to terminate the contract?


Many thanks!

...

Section 11 (1) (b) 1985 Landlord and Tenant Act says

to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)

..

.
http://www.legislation.gov.uk/ukpga/1985/70/section/11



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