6 months tenancy agreement- rights as a tenant

BorisThomson

Happydays3 wrote: »

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.

You've not answered my question. You must give the landlord reasonable opportunity to resolve the issue. Have you done this, and how long have you given them from when the maintenance man identified the problem?

anselld

Happydays3 wrote: »

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.

That may be so, but that is a personal opinion and cannot be relied upon legally as far as the contract is concerned. Why has he not at least fixed the leak?

Happydays3

He says it's a big job and not something that can be done straight away...brick work concrete flooring is involved it's a big mess

ThemeOne

Happydays3 wrote: »

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

I would encourage you to press the Report button if you feel anyone has treated you unfairly, otherwise it just continues unabated since the forums are not actively monitored.

You're absolutely right - eventually MSE Forums will have such a poor reputation no-one will come here requesting advice.

bris

Maintenance man this maintenance man that, it means nothing, the only people with an opinion on this that carry weight are the environmental health.


They will decide if it needs looking at and then give the LL a deadline to put it right. As it stands you have no way of getting out of this with this excuse. Remember there are two sides to every story.


The kitchen is the same kitchen you looked a last month, getting it replaced is highly unlikely.


No one on here wants to give you bad advice but there is no point in expecting everyone to agree with you because it's what you want to hear. As it stands your position is poor without expert help and the ability to prove your case.

Happydays3

Thanks ..I want all sides of the coin... not just my opinion...I appreciate helpful advice and comments. It was never my intention of getting out of a contract however if this was at all possible... you being in our shoes would jump straight on that train! Lol.... I never detected a leak when we moved in nor did we go round sniffing cupboards for damp.... now we might though! !!!55357;!!!56834;!!!55357;!!!56834;!!!55357;!!!56834;

BorisThomson

Happydays3 wrote: »

Thanks ..I want all sides of the coin... not just my opinion...I appreciate helpful advice and comments. It was never my intention of getting out of a contract however if this was at all possible... you being in our shoes would jump straight on that train! Lol.... I never detected a leak when we moved in nor did we go round sniffing cupboards for damp.... now we might though! !!!55357;!!!56834;!!!55357;!!!56834;!!!55357;!!!56834;

Have you committed to taking the new property?

Have you actually asked the landlord for a timeline for a repair? That would be the sensible next step.

Annie35

I've not heard of winding up a tenancy, that info was interesting. I see it says you don't need to prove the LL was dishonest or negligent.

Regardless you're moving now anyway so I'd approach the agency & reasonably ask for a mutual surrender first with option 2 being going down this route of winding up, redress complaint (which could cost the agent £150 just for complaining depending which scheme they're with ), you obviously won't be paying rent after moving out & I guess they'd have to wait till the end of tenancy to small claim you for the total?? (Maybe not??) By then you'll have your n1 form progressing nicely (maybe even complete?)

NeilCr

ThemeOne wrote: »

I would encourage you to press the Report button if you feel anyone has treated you unfairly, otherwise it just continues unabated since the forums are not actively monitored.

You're absolutely right - eventually MSE Forums will have such a poor reputation no-one will come here requesting advice.

Indeed.

I think some posters can be rather sharp. And very judgemental

However, I have cut down on posting about my area of "knowledge" because of the increasing number of new threads by obvious trolls (many returning time and time again under different usernames) who can become abusive (and/or change the story). To be clear this isn't a comment on the OP. And this has led to good and knowledgable posters leaving which is a bad thing for a forum like this

This is worse on some boards than others. Not too sure about this board as, although I read it, it isn't really my area of expertise.

IMHO this place needs tighter moderation (and I don't like saying this) and checks on new members if it wants to retain it's integrity.

In terms of the OP, as others have said, I'd be looking to environmental health

G_M

You cannot simply walk away from the contract.

You may well have grounds to end it, but you must follow a procedure - the verbal statementt of a maintenance man is not enough.

Have you reported the issue in writing to the landlord, sent to the proper address 'for serving notices'?

Have you followed up, again in writing, whatver response (or none) that you received?

Have you reported the matter to Environmental Health? Have EH inspected and reported? What did they say?

If you want to either

* enforce repairs or
* end the contract on grounds the property is uninhabitable

you must follow procedure.

If you ignore the procedure and just act on your own, you will continue to owe rent.

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