Ending tenancy by Landord

Pages_Tenant

Hello,
I've asked the landord to fix parts of the house that need attention (the living room door that doesn't close well onto the garden, a broken corner cupboard, a damaged part in the kitchen worktop, a shed full of who know's what, an ugly stain and ripped paint in the bathroom ceiling, just to give you a few examples). All these problems where there already when I moved in, but I didn't notice during my viewing. I first wrote him about a month ago, but he's been ignoring my e-mails.
Today he came to fix a problem with the heating/hot water and I approached him for some of the other issues. It ended in an argument with him saying that he's ending the tenancy agreement next month.
I have a short term agreement, for 3 years, with a break clause at 12 months.
From what I read he can't just ask such thing, but I can't help not to feel nervous about such threat. He was intimidating and I asked him to step outside the house to continue the conversation, as I felt very uncomfortable, especially that my 8 years old daughter could hear everything.
I would appreciate if anyone can share any thoughts.

Thank you very much in advance.

00ec25

insufficient information.... please provide:

- exact date the tenancy started
- exact wording of the "break clause"
- end date of the tenancy

a LL cannot obtain possession during the first 6 months of the tenancy

there is also a law which prevents the LL serving a section 21 notice in "retaliation" for reporting repairs issue - have you done so in writing? (got proof you did so?)

a s21 notice cannot be served during the fixed term of the tenancy anyway and you imply that you have a 3 year fix???

Pages_Tenant

Hello,

Thank you for your reply.

Moved in on 25th of July 2017.
Initial term of tenancy 36 months, ending 24/7/2020
either party shall have the right to terminate no earlier than the expiry of the first 12 months period and anytime thereafter by giving no less than 2 months notice in writing.

My request for the repairs was first done verbally, then in writing, to which I received no reply. His threats were only verbal.

Thank you.

G_M

Pages_Tenant wrote: »

Moved in on 25th of July 2017.
Initial term of tenancy 36 months, ending 24/7/2020
either party shall have the right to terminate no earlier than the expiry of the first 12 months period and anytime thereafter by giving no less than 2 months notice in writing.

My request for the repairs was first done verbally, then in writing, to which I received no reply. His threats were only verbal.

Thank you.

What part of that are you unclear about?

Your contract is for 36 months but can be ended on or after 24th July 2018 if proper notice is served.

All requests for repairs should be reported in writing to the proper address provided (not email).

See also:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Pages_Tenant

Thank you,
It was the landlord saying he's ending the agreement next month when I approached him with the request for repairs and asked to have an estimated timeline of when these can be completed.

GrumpyDil

Quite simply he can't end the agreement other than as described by GM in post 4.

You would have been better off getting these sorted before moving in but now you need to follow the rules for notifying repairs but may struggle as there are not a whole of obligations on landlords in relation to property maintenance.

[Deleted User]

My LL did this whilst I was still in the fixed term of a tenancy agreement. it was very unnerving to be sent a text saying I'm giving you 1 months notice (totally illegal, it has to be two months and even that couldn't be given as I was still in the fixed term of the tenancy agreement). But totally stressed me out as how could I ever trust a LL who did things like this (I was right)? I too was trying to get a repair (to the front door) done that he didn't want to do.

From this point on, I knew the LL wasn't professional and would do whatever he could to avoid repairs, however much he 'should' do them. Our 'home' wasn't a home anymore, and was as secure as a hotel room, whatever the law says. Even if he couldn't actually evict me.., the fact that he was texting me saying I'm giving you a months notice made me terribly stressed about reporting repairs, not knowing what he would do and what he wouldn't and would I get another 'shut up' text threatening eviction again. Whatever the law says. I actually had a leaking roof at one point (actually had water coming in whenever it rained) and was scared to report it. He did try to say it was my fault too until the repair person said the roof had been a problem for 20 years as there were two layers of roofing and both were completely damp and was at least 20 years old. I had been complaining of damp and mould which disappeared once the roof was repaired (it actually went from nothing to falling in in a two week period).


So I do sympathise.

However, I'm afraid the sort of repairs you have listed, aren't really repairs the LL HAS to do. Removing stuff from the shed.., he might remove it, he might not, not a lot you can do to insist he does once you have moved in. If the ceiling is sound, not sure you can insist he repaints it. Damaged worktop, depends on what sort of damage and how big the area is. I had a worktops with several dents in it (neighbours told me a previous tenant had taken a hammer to it, I didn't notice the damage as it was a mottled worktop until I tried to clean it).., but it could still be used.

However what you do need to do is send the LL dated photos, listing the damages you have listed so he doesn't use these to take money from your deposit. Was there a check in report listng these things? Don't just rely on phone calls or texts on a phone you might lose/replace etc in three years.. You need to write a letter

FBaby

He can't kick you out, so you are safe there. However, he doesn't have to do minor repairs either.

You moved in the property as it is, and most likely, the rent is in accordance with the fact that it is a bit dated. If the rent is not lower to take these into circumstances, then you shouldn't have moved in as it is but asked for the repairs before, with the choice to decide not to rent the place if he wasn't prepared to do the repairs before.

That doesn't mean he doesn't have to do any repairs, and indeed, if the doors to the garden makes the property unsafe, then you certainly have a case there.

saajan_12

Pages_Tenant wrote: »

Hello,
I've asked the landord to fix parts of the house that need attention (the living room door that doesn't close well onto the garden- is this just difficult to close or does it actually remain slightly open leaving the property insecure?
, a broken corner cupboard- how is it broken? Should be fixed it it affects the use, not if it's cosmetic. , a damaged part in the kitchen worktop-
unlikely to require fixing, this is cosmetic so your choice whether to rent but not a repair you can demand. , a shed full of who know's what- was the property advertised as including storage in the shed? was this stuff definitely NOT there when you viewed (unfortunately its your problem if you didn't look). Then arguably the property was rented to you like that so is as you expected, and the LL doesn't have to clear it. , an ugly stain - cosmetic, doesn't require fixing
and ripped paint in the bathroom ceiling-
if this is cosmetic, it doesn't have to be repaired. If this causes further problems e.g. damp / mould through normal usage, this would however be the LL's responsibility to rectify. , just to give you a few examples). All these problems where there already when I moved in, but I didn't notice during my viewing. I first wrote him about a month ago, but he's been ignoring my e-mails.
Today he came to fix a problem with the heating/hot water and I approached him for some of the other issues. It ended in an argument with him saying that he's ending the tenancy agreement next month.- need more detail on how the argument escalated to comment but if you can't communicate,
perhaps stick to reporting issues formally. ~Not saying you are, but the LL might be annoyed if you seem like a high maintenance tenant from the outset due to nagging about small issues.
I have a short term agreement, for 3 years, with a break clause at 12 months. - so as long as you keep up your obligations e.g. pay rent on time, no extreme damage, you can't be evicted for the first 12 months (plus time for a court order etc).
From what I read he can't just ask such thing, but I can't help not to feel nervous about such threat. He was intimidating and I asked him to step outside the house to continue the conversation, as I felt very uncomfortable, especially that my 8 years old daughter could hear everything.- It's not okay for anyone to intimidate you, but as you don't say exactly what he did, we can't comment on whether he was unreasonable. Just stick to reporting things formally in writing (as you should anyway) and don't have conversations in person. This will also reduce the chance he tries to 'threaten to evict' if he can only communicate in writing and if he does, you'll have time to get advice on whether he can so you don't have to feel nervous.
I would appreciate if anyone can share any thoughts.

Thank you very much in advance.

OP- I understand there are things you are not happy wiht about the house, but most of the issues sound small / cosmetic, so while you could have demanded them as part of the negotiation before you agreed to rent the place, it is now not mandatory for the LL to remedy most of these. I would still report the issues formally in writing so you can't be blamed for them but not necessarily expect repairs. I would also keep things formal (emails / letters) to avoid arguments as you ahve many months to go.

00ec25 wrote: »

a LL cannot obtain possession during the first 6 months of the tenancy

there is also a law which prevents the LL serving a section 21 notice in "retaliation" for reporting repairs issue - have you done so in writing? (got proof you did so?)- Not sure if the validity / severity of the repair issues is relevant- I would *think* the protection from eviction doesn't apply if the repair issues are small and not requiring a mandatory repair by the LL.

a s21 notice cannot be served during the fixed term of the tenancy anyway and you imply that you have a 3 year fix???- a S21 notice cannot expire before the end of a fixed term / per a break clause. It can however be served during the fixed term any time after 4 months. OP has a 12 month break clause so notice can be served from the end of month 4, to expire at the end of month 12.

Pages_Tenant

Thank you everyone for the replies. All good advice.
For sure it helps and hopefully all is smooth from now.

macman

Is your deposit protected?
Were you issued with a current gas safety certificate at at start of the tenancy?
I'm asking this, because amateur landlords usually get more than one thing wrong, and yours sounds particularly clueless about his rights and obligations.