Unprotected Tenant Deposit/ Unwinding Lease Agreement

nerro

Hello,
I ended up renting a place that has become unihabitable due to the smell. The landlord is refusing to be coperative and I am trying to find a way to unwind the agreement as the landlord misled me on the condition of the flat. The deposit is unprotected. Is it possible to unwind the agreement on this fact. Or does anyone who has been in a similiar situation have any advice with how to proceed. Can you advise a solicitor that might be of help?

Thanks

Blackpool_Saver

Smell? What kind of smell, what is the cause of it?

G_M

No.

The unprotected deposit is unrelated to the habitablility of the property. Though some gentle prompting might help you secure a mutual 'Early Surrender' ("I'm thinking of claiming the penalty for non protection but if you release me from the contract......")

You say the property is uninhabitable, but this is a legal term - not just something based on your opinion. Who has deemed it uninhabitable? And what have you done in terms of reporting and getting the issue fixed?


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

* Deposits: payment, protection and return

Balabalabala_and_Volare

nerro wrote: »

Hello,
I ended up renting a place that has become unihabitable due to the smell. The landlord is refusing to be coperative and I am trying to find a way to unwind the agreement as the landlord misled me on the condition of the flat. The deposit is unprotected. Is it possible to unwind the agreement on this fact. Or does anyone who has been in a similiar situation have any advice with how to proceed. Can you advise a solicitor that might be of help?

Thanks

Solicitor?

The deposit not being protected and the condition of the property are separate issues. You can't get out of the tenancy that way.

Your local council will have an environmental health department within which will be a team who deal with the issues concerning tenancies and property condition. They can assess the issue and, if appropriate, take enforcement action against the landlord. They will be far more likely to resolve the issue than a solicitor and won't cost you a penny for their services.

HampshireH

Smell of what

Was it there at the beginning? Whats caused it? Have you contributed/caused it?

Blackpool_Saver

Yes, I want to know what this smell is too

davidmcn

Unless (perhaps) the smell is something which would be impossible to be sorted (and objectively makes the property uninhabitable) then no, you can't just walk out of the lease. If there, for example, is a repair needing done then you take action against the landlord to get them to carry out the repair (or do it yourself and claim the money back).

macman

You hold all the cards. Ask the LL to release your from the remaining time on your tenancy without penalty, in return for which you will not sue for 3 times the deposit.
An uprotected deposit also renders any S21 served invalid.

AdrianC

Blackpool_Saver wrote: »

Yes, I want to know what this smell is too

Is the source of it even within the landlord's sphere of influence, let alone control?

Blackpool_Saver

AdrianC wrote: »

Is the source of it even within the landlord's sphere of influence, let alone control?

Maybe today we will get to find out...

Autumnella

Don't worry, eventually you will start to get used to the smell, will become one with the smell and won't be able to smell it anymore. Only downside is other people will smell it on you, but you will be none of the wiser so it's ok.