6 months tenancy agreement- rights as a tenant

Happydays3

Hello

We moved into a property 2nd January this year, with an estate agents in a 6 months contract costing £1000 a month. Since moving in we have noticed the kitchen is very damp and mouldy in the cupboards and smells terrible, a maintained man has been out and said that there's a long standing leak near washer and cause the floor to rot and caused the damp in the kitchen..making living conditions poor and there is only 2 cupboards for food andndsnd pots..and slugs have started to appear!!!128542; it's awful...we have decided we can't live with our family in this house especially the rent we pay them and below standard living conditions in kitchen. We have found a new property. We move in few weeks. We've been told we must continue to pay the last 4 months rent...which initially we agreed too....now I'm thinking as a consumer I do have rights? Seeing as we have been in the home less than 90 days...can this contract be wind down?? Any input i would be grateful ...we've lost £3000 to move into here....and because the kitchen is not adequate for storing food and pests appearing we are not prepared to put up with this. Many thanks

pinkshoes

It's a legally binding contract and you need to pay the full 6 months.

Have you contacted environmental health?

What deadline did you give the LL to fix the leak? Did you put it in writing?

Happydays3

I know it's a legal binding contract...but what happens if the landlord is in breach of that??? Renting out a property that's inadequate for eating in preparing food storage ect ....?? Iv been in the property less than 2 months

Happydays3

Right to unwind

The right to 'unwind' the contract effectively means that a tenant (where the tenancy began on or after 1 October 2014) can terminate the contract and be released from any obligations under it where the tenancy was signed up to because of a misleading action or aggressive practice.[15]!In order to claim this right, the tenant must inform the landlord (or landlord's agent) that s/he wants to reject the contract within 90 days of the tenancy start date. There is no obligation for this to be put in writing, but it is strongly advisable to do so. There is also no requirement for the tenant to show that s/he has suffered any loss, nor that the landlord (or agent) acted dishonestly or negligently.

If the tenant informs the landlord (or landlord's agent) that s/he wants to unwind the tenancy within one month of the tenancy starting, the tenant is entitled to a full refund of the money s/he has paid out.

If the tenant informs the landlord (or landlord's agent) in less than 90 days but more than one month after the tenancy start date, then a refund may still be given, but will be calculated by the court.

If 90-day time limit has expired, the tenant may still be able to claim a discount or damages.

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Right to a discount

The right to a discount on the rent where a tenancy (which began on or after 1 October 2014) was signed up to because of a misleading action or aggressive practice can be claimed as an alternative to the right to unwind. It cannot be claimed as well as the right to unwind, but could be claimed outside the 90 day notice period that applies to unwinding a contract. The discount will be calculated by the court according to the severity of the prohibited practice used.[16]

A claim for a discount must be made within the six-year limitation period provided for actions founded on 'simple contract' under the Limitation Act 1980.[17]

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Right to damages

Where a person signs up to a tenancy (on or after 1 October 2014) as a result of a misleading action or aggressive practice s/he has the right to damages if s/he has:[18]

incurred a financial losssuffered alarm, distress, physical inconvenience or discomfort.

As with claiming the right to a discount, there is no 90 day time limit for claiming the right to damages, but the Limitation Act 1980 period of six years applies. Damages will be assessed according to the degree of loss or suffering experienced, but are limited to those losses reasonably forseeable at the start of the tenancy.

Possible defences

A landlord or her/his agent has a defence to a claim for damages if s/he took all reasonable precautions and exercised 'due diligence' to avoid the prohibited practice occurring. It is also a defence to show that the the prohibited practice was due to some kind of mistake or accident, or was because the landlord (or agent) reasonably relied on information supplied by someone else.

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Claiming redress through the county court

Where a landlord or her/his agent does not agree to the redress claimed it will be necessary for the tenant to apply to the county court for a declaration that the contract is unwound, and/or for damages or a refund. The claim form N1 should be used.

See!Part 7- general procedure!in the section Preparing for court for detailed information on making a county court claim.

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Property redress schemes

A breach of consumer protection law by a letting agent could be grounds for a complaint to that agent's Property Redress Scheme. This could be a useful option where the tenant is outside the time limit for using one of the civil remedies outlined above. See the page!Complaints against agencies: Redress schemes!for details.

[1]!Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.

[2]!reg 2 Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.

[3]!reg 3 Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.!

[4]!reg 2(1) Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.

[5]!reg 5 Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.!

[6]!reg 6 Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.

[7]!see page 25 Competition and Markets Authority Guidance for lettings professionals on consumer protection law June 2014.

[8]!reg 7 Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.

[9]!Sched.1 Consumer Protection from Unfair Trading Regulations!2008 SI 2008/1277.

[10]!reg 2(1) Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.

[11]!reg 19 Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277.

[12]!reg 27A(6) Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277 as inserted by the Consumer!Protection (Amendment) Regulations 2014 SI 2014/870.

[13]!see the definition of 'transactional decision' that applies to consumer rights to redress in reg 27B(2) Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277 as inserted by the Consumer Protection (Amendment) Regulations 2014!SI 2014/870.

[14]!reg 27C Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277 as inserted by the Consumer Protection (Amendment) Regulations 2014 SI 2014/870.

[15]!reg 27E-F Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277 as inserted by the Consumer Protection!(Amendment) Regulations 2014 SI 2014/870.

[16]!reg 27I Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277 as inserted by the Consumer Protection (Amendment) Regulations 2014 SI 2014/870.

[17]!reg 27K(5)!Consumer Protection from Unfair Trading Regulations 2008 SI 2008/1277 as inserted by the Consumer Protection (Amendment) Regulations 2014 SI 2014/870.

[18]!reg 27J Consumer Protection from Unfair!Trading Regulations 2008 SI 2008/1277 as inserted by the Consumer Protection (Amendment) Regulations 2014 SI 2014/870.

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Essential linksGov.uk - Competition and Markets Authority - Consumer protection law for lettings professionals CMA31Property Redress Scheme - Unfair Lettings Fees guide

LegislationConsumer Protection (Amendment) Regulations 2014Consumer Protection from Unfair Trading Regulations 2008

Happydays3

Sorry for the waffle after the above lol this is the info I found in shelters website....which I found interesting.

saajan_12

Happydays3 wrote: »

Hello

We moved into a property 2nd January this year, with an estate agents in a 6 months contract costing £1000 a month. Since moving in we have noticed the kitchen is very damp and mouldy in the cupboards and smells terrible, - did you report these to the LL, and note in the inventory if it was like this when you moved in?
a maintained man has been out and said that there's a long standing leak near washer and cause the floor to rot and caused the damp in the kitchen.. - sent by the LL? Good, so he's responding to the problem. Follow through to a repair on this.
making living conditions poor and there is only 2 cupboards for food andndsnd pots- so? this was the case when you viewed, if you weren't happy with 2 cupboards you shuoldn't have rented the place. ..and slugs have started to appear!- report pests to the LL and follow through to ensure the underlying cause is repaired. !!128542; it's awful...we have decided we can't live with our family in this house especially the rent we pay them and below standard living conditions in kitchen. - That's your choice, have you had environmental health in to say its uninhabitable? Doesn't sound like it is, just needs a leak repaired and sealed, plus some clean up. We have found a new property. We move in few weeks. - good for you if you can afford it, that;s your choice. We've been told we must continue to pay the last 4 months rent... which initially we agreed too.... - Yes, you agreed this in your tenancy agreement.
There is nothing in your post to invalidate that, so you are still liable for the rent for the fixed term, full stop. now I'm thinking as a consumer I do have rights? - yes, you have the right to a habitable home, which you enforce through following up on a repair,
not walking away from your rent obligation. Seeing as we have been in the home less than 90 days...can this contract be wind down?? - Not unless the LL agrees, which he is under no obligation to. Any input i would be grateful ...we've lost £3000 to move into here.... and because the kitchen is not adequate for storing food and pests appearing we are not prepared to put up with this. - The kitchen just needs a repair, if you're not prepared to follow the process, that's up to you but you have to pay for that choice (through double rent for 4 months). Many thanks

You have a binding tenancy agreement to rent the flat for atleast 6 months. You owe rent for the full fixed term. If there are repair issues, these need to be reported to the LL and you need to wait for a repair. You cannot just unilatterally terminate the agreement.

Happydays3

Thank you for replies

I've not said I'm walking away and not paying.
Iv asked if u have any rights?!....
Why do people always get defensive...and blame the poster?..... people will stop posting and asking for advice and help. Instead of ripping into every comment iv made, perhaps a little more positive and less negative might help others out in future. :T

Cakeguts

You have to prove that the landlord knew that there was a leak when you agreed to rent the property. If the leak happened since you have moved in then it has been down to you to report it. If you haven't reported it then you can't blame the landlord for an unfair letting because the landlord can't be blamed for not repairing a leak that you haven't reported.

If you can't prove that the landlord knew about the leak before you moved in then you are going to have to pay for the whole 6 months. If you reported it and it has been repaired then the house is inhabitable and you have no need to move out.

BorisThomson

How did the landlord respond when he became aware of the issue?
Have you given reasonable opportunity to do repairs?

Happydays3

Well...I was told by a washer repair man he came to this property a year ago and there was a leak in same place...so this leak appears to have manifested into causing the damp... which is what the maintenance man said today. Yes we knew we was limited with only a few cupboards but we didn't know that the only cupboards we have smell and have damp in them. There is no decent food storage avaliable.

Happydays3

Iv asked for the contract to be in winded.
We have not been provided with a kitchen adequate enough. The maintenance man has said it needs a new kitchen in as floor is rotten.