I dont feel like my flat is fit for living in - leave before end of contract?

mattp1985

It's got to the point where I have completely lost patience with my landlord and the squalid living conditions they are leaving me in.

In a nutshell, my problems over the last 6 months or so have involved: drug addicts, violent neighbours (involving getting woken up to police visits in the early hours of the morning), rats problems, water leaking from the flat upstairs (because of the rats), piles of rubbish outside the building, no wheelie bins... and also had no hot water virtually the whole time I've been here - the landlord is blatantly refusing to properly fix the boiler and simply 'tops it up' every now and then.

The letting agent has been quite good at dealing with some of the issues but I believe they are limited by the landlord... but the rat / rubbish / leaking problem has been going on for three weeks and I am sick of it.

My contract was supposed to be 12 months but I have a 6 month break clause, if I use the latter, I am supposed to give 2 months notice.

I have found a new flat which looks much nicer, only the owners want someone to move in within a couple weeks. I don't see why I should have to give any notice at all to my current place given everything I've have to deal with.

My next rent is due in a couple weeks, I'm tempted to put all of these flat problems into writing and tell them they won't be getting another penny out of me. I also plan to photograph all the rubbish outside and unfinished repair job on my ceiling.

Does it sound like I'm within my rights to just leave like this despite what my contract says?

Mr.Generous

No idea about leaving early sorry, sounds like a dump. The boiler problem could be a concern re the constant topping up if its not been investigated. If the pressure goes right up then drops its probably the expansion vessel failed, and the water loss is through the pressure release valve (PRV) that will also need replacing.


The second possibility is a leak somewhere from the heating, you'd probably have noticed but worth a check round all the radiators. Ive seen a leak where homeowner thought dog was spilling water from water bowl all the time but it was a leaking rad.


Last possibility (I can think of but could be more) is the diverter valve failing. On a combi this diverts the hot water from the heating to the taps as required. The heating system has chemicals in it that should not be mixed with tap water, if the pressure to the heating is being lost through the taps it could make you unwell. It really needs to be checked out. Sorry.

Comms69

In order; typically:
Drug addicts- not your LLS fault
Violent neighbours- not your LLS fault
Police visits - not your LLS fault
Rats - not your LLS fault
Water leak - not your LLS fault
Piles of rubbish - not your LLS fault
No wheelie bins - not your LLS fault

What do you mean he ‘tops it up’?

Is the landlord your neighbours landlord too? Does he own the whole building?

The letting agent should do nothing without the landlords permission; they don’t work for you. Have you reported everything in writing as agreed in your tenancy?

So use the break clause.

You can move whenever you like, just pay the rent as agreed; or get taken to court.

It depends, but really no. You do not have the law on your side.

saajan_12

mattp1985 wrote: »

It's got to the point where I have completely lost patience with my landlord and the squalid living conditions they are leaving me in. - in general, a property needs to really be uninhabitable (eg no running water) . Other issues can happen, you have to report them and let LL follow through with repairs, it wouldnt' mean you can just terminate but lets go through the issues..

In a nutshell, my problems over the last 6 months or so have involved:
drug addicts, - nothing to do with the LL.. you could have checked out the area before signing
violent neighbours (involving getting woken up to police visits in the early hours of the morning), - nothing to do with the LL..
rats problems, - report this, and follow through with the LL to get an exterminator etc.
water leaking from the flat upstairs (because of the rats), - report this and follow through, the LL should get the upstairs owner / building freeholder to fix and then LL should remedy damage in your flat. If the upstairs owner / building freeholder delay, that's not your LL's fault.. what would you do if you were an owner occupier?
piles of rubbish outside the building, - nothing to do with the LL
no wheelie bins... - ask the LL for what the provision is for waste disposal. You may also be able to find this from the council.
and also had no hot water virtually the whole time I've been here
- the landlord is blatantly refusing to properly fix the boiler and simply 'tops it up' every now and then. - write to the LL reporting the issue and follow up on a repair. Does the boiler have an in date gas safety check? If you're worried, get one yourself. However the lack of hot water itself is likely not enough to make it uninhabitable, as you have running cold water and the means to heat it through a cooker / kettle.

The letting agent has been quite good at dealing with some of the issues but I believe they are limited by the landlord... - the LA is irrelevant, they should be limited by what the LL instructs. but the rat / rubbish / leaking problem has been going on for three weeks and I am sick of it. - that's not that long in the grand scheme of things, extermination and building repairs can take a long time, especially when theres another flat owner andfreeholder to involve.

My contract was supposed to be 12 months but I have a 6 month break clause, if I use the latter, I am supposed to give 2 months notice.- please quote the break clause in full. Can you terminate with 2 months notice at any time after 6 months or only at the 6 month point?

I have found a new flat which looks much nicer, only the owners want someone to move in within a couple weeks. I don't see why I should have to give any notice at all to my current place given everything I've have to deal with. - because you agreed to give notice? Because 'everything you have to deal with' is largely unrelated to the LL and the rat/leak issues have been very recent.

My next rent is due in a couple weeks, I'm tempted to put all of these flat problems into writing and tell them they won't be getting another penny out of me. - yes, breaching your contract is tempting, but is the lost deposit and CCJ as attractive? I also plan to photograph all the rubbish outside and unfinished repair job on my ceiling. - documenting si always a good idea, but doubt it would justify your actions.. an unfinished repair job shows the LL was attending to the issue, you were just impatient.

Does it sound like I'm within my rights to just leave like this despite what my contract says?- I doubt your contract prohibits you from leaving.. you can move out, you just have to continue paying rent for the fixed term / until notice expires.

* Issues outside your flat re neighbours, police noise and rubbish do not make it uninhabitable and are not your LL's responsibility. You could have checked the area before agreeing to rent the property.

* Rats and leak issues need to be reported in writing and you need to follow the Shelter process to get the LL to repair them. 3 weeks is not long, and the LL doesnt' have to guarantee you a perfect home, they just have to reasonably act on repair issues as they arise. If you were an owner occupier, it would take the same time for you to liaise with the upstairs owner and building freeholder, find trades people, exterminate, find and repair the source of the leak, repair the resulting damage

* Boiler should be checked to be safe each year by the LL, if you're worried you can get someone to check yourself. Report the lack of functionality to the LL and follow up on a repair. The lack of hot water doesnt' make it uninhabitable, as you have running water and a means to heat it through hob / kettle.

Overall, nowhere near the criteria of an uninhabitable home, so you CANNOT terminate the tenancy unilatterally. You can follow the terms and enact the break clause, giving the required notice and paying rent throughout. Or you can lose your deposit and get a CCJ.

Pixie5740

Most of the issues you have listed are to do with crappy neighbours so are outwith your landlord's control, and crappy neighbours do not give you the right to unilaterally surrender the tenancy early.

It does sound as if the boiler requires a repair but there is a work around and you should be capable of topping up the water in the boiler yourself. Under different circumstances I would say to pursue the boiler repair with the landlord, Step 1 write a letter to the address for the serving of notices given in your tenancy agreement. However, since the neighoburhood sounds so bloody awful I suggest using the break clause and getting the hell out of Dodge.

If you use the break clause then you must give the required notice and will be legally liable for the rent up to the break end date. Alternatively you can try and negotiate an early surrender of the tenancy with the landlord but he is under no legal obligation to agree to it.

mattp1985

Thanks for the replies. I don't think I was very clear in my original post - the landlord owns the whole building, and the drug addicts and violent neighbours were his other tenants.

Alas, they left / got kicked out eventually, but it has been one thing after another living here.

I've given my notice but requested that they let me leave early so will see what happens

Computer_Beginner

OP,

I would check out whether your landlord has done everything "by the book", in terms of letting the flat to you. ie deposit protected, EPC provided, etc.

Is your landlord required to be licensed?

Has your landlord been declaring the rental income to HMRC? You won't know the answer to this. But if he hasn't, then you may find that bringing up the topic can help you negotiate.

Good luck.

Comms69

mattp1985 wrote: »

Thanks for the replies. I don't think I was very clear in my original post - the landlord owns the whole building, and the drug addicts and violent neighbours were his other tenants.

Alas, they left / got kicked out eventually, but it has been one thing after another living here.

I've given my notice but requested that they let me leave early so will see what happens

Like I said it makes little difference. And clearly the LL did act...