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Beaking residential lease early
Comments
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“ ok thanks for your help - of course i am paying rent as i am contractually obliged to do so.
Comms69 - it is not true that the landlord has no responsibility for the flat above - You're wrong. It's as simple as that. The LL is responsible for the property they let out. How exactly do you expect your landlord to arrange repairs in a property he or she doesn't own?....I am asking my landlord to fix the damage in my flat as there is now mould accruing due the leak - You said the leak wasn't fixed?
-i also own and rent a flat out and i had to sort out and make good the damage caused by the flat upstairs leaking into mine at my tenants request in 2017 - that's nice, did you force entry into the flat and start mending pipes? um no, obviously i contacted the agent managing the flat above and they fixed the leak then i had to make good my property- exactly, what happens if the person upstairs is awkward and doesn't allow access?
i doubt the law has drastically changed to the LLs favour since then. - excellent, which law is that then? the lease clearly states LL has duty to fix damage within a reasonable timeframe. - So your contract, not the law?
In my opinion it is stupid for the LL to insist as the result will be i will stay paying rent and refuse access for viewings etc - 1 month void rent on changeover in November would be equal to all admin fees anyway - Yes, but not equal to rent until November.
The LL has not fixed the leak for a month what is a reasonable timeframe for this?
If the leak hasn't been fixed, why would the landlord make good the damage??0 -
In my opinion it is stupid for the LL to insist as the result will be i will stay paying rent and refuse access for viewings etc - 1 month void rent on changeover in November would be equal to all admin fees anyway - Yes, but not equal to rent until November.
Yes i know -what i am asking is if the landlord had the opportunity to relet with no void at all (if i leave early but show tenants around, make myself available etc) then why would they not take that rather than force me to stay effectively guaranteeing a void of at least a month in November (also harder to let at xmas). As i said my rent is the same as the commission fees owing so it seems stupid of the LL
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You can call the landlord "stupid" all you like, but it's you that's wanting to break the contract. He does not have to let you.0
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so many colours confusing meAn answer isn't spam just because you don't like it......0
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Me too. Hard to know who is saying what.diggingdude wrote: »so many colours confusing me
ut basically OP, you are being unrealistic. Your LL can fix things in the flat he owns, but it is unreasonable to expect him to, for example, redecorate after water damage, if the water damage is ongoing.
He first has to pursuade the owner of the flat above, and/or the freeholder, to fix the problem.
Damage toyour possessions should be covered by your insurance. Or if negligence can be proved, by legal action by you against the upstairs flat owner.
If the freeholder is doing renovations (scafolding etc) that is presumably outside the control of your ladlord.0 -
It refers to the right to quiet enjoyment, which means that if you are not causing a nuisance or damage then what you do tends not to be your landlord’s concern.thanks, the lease agreement says i have the right to 'quietly reside in the property' and it is not clear what this actually means.
It says nothing about your right to a quiet flat.0 -
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diggingdude wrote: »so many colours confusing me
Sorry yes. Me red; OP blue. Trying to keep it uniform.0
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