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Infestation and no hot water- can I terminate tenancy?

Legacy_user
Legacy_user Posts: 0 Newbie
edited 25 January 2020 at 1:29PM in House buying, renting & selling
I moved into an apartment 4 days ago. Here's what happened:

1) The first day the window lock was broken and I live on the ground floor next to a main road. My boyfriend luckily was able to fix that.
2) The front door lock then broke. The estate agent fixed that the next day.
3) The toilet seat had been broken before I moved in- the estate agents said they would fix it the first day I moved in but they haven't.
4) 2 days ago the boiler broke and there is no hot water in the property meaning I haven't had a shower in over 2 days.
5) I've also just found out there is a fly infestation in the bathroom.

I am fed up and what to leave. I'm paying a LOT of money for this place and nearly everything is broken and I only moved in 4 days ago!

I've had a look in my contract and it states I can terminate the contract if the property is uninhabitable, but it doesn't give a definition for uninhabitable. Do you think the above would classify as that? I was mainly thinking about the fly infestation and no hot water.

I'm really looking to leave leave as the area is bad, the road is noisy and there's a couple of drug dealers in the building coming in and out at all times of the day.

What are my chances I will be able to leave on the grounds the property is uninhabitable?
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    SophiaRey wrote: »
    I moved into an apartment 4 days ago. Here's what happened:

    1) The first day the window lock was broken and I live on the ground floor next to a main road. My boyfriend luckily was able to fix that. so sorted. Irrelevant
    2) The front door lock then broke. The estate agent fixed that the next day. so sorted. Irrelevant
    3) The toilet seat had been broken before I moved in- the estate agents said they would fix it the first day I moved in but they haven't. report in writing to the correct address. Or buy a toilet seat for £8?
    4) 2 days ago the boiler broke and there is no hot water in the property meaning I haven't had a shower in over 2 days. report in writing to the correct address.
    5) I've also just found out there is a fly infestation in the bathroom. report in writing to the correct address. Or find the source. Probably some item on which they are laying eggs.

    I am fed up and what to leave. I'm paying a LOT of money for this place and nearly everything is broken and I only moved in 4 days ago! report in writing to the correct address.
    Does the inventory reflect this? Have you signed it?

    I've had a look in my contract and it states I can terminate the contract if the property is inhabitable,(do you mean uninhabitable...?) but it doesn't give a definition for inhabitable. Do you think the above would classify as that? I was mainly thinking about the fly infestation and no hot water.
    No. If there were permenantly no hot water, yes, but it's a breakdown which a) has not been properly reported in writing and b) has lasted only 2 days,

    I'm really looking to leave leave as the area is bad, the road is noisy and there's a couple of drug dealers in the building coming in and out at all times of the day.
    These are not the landlord's fault. You should have checked the area before signing the contract.


    What are my chances I will be able to leave on the grounds the property is uninhabitable?
    Very slim.

    The LL/agent might be sympathetic and agree to an Early Surrender. You might have to pay for this eg re-marketing costs etc.
    Ask.

    But you need to report everything in writing.


    * Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)
  • System
    System Posts: 178,367 Community Admin
    10,000 Posts Photogenic Name Dropper
    Thanks for your help @G_M (I have now corrected the spelling errors :))
    I have now sent an email with all the problems and will go to my estate agents first thing Monday morning. I hope they agree to an early surrender
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    SophiaRey wrote: »
    Thanks for your help @G_M (I have now corrected the spelling errors :))
    I have now sent an email with all the problems and will go to my estate agents first thing Monday morning. I hope they agree to an early surrender
    Don't forget to put the email in writing and post to the address provided "for serving notices"on the landlord.
  • SophiaRey wrote: »
    Thanks for your help @G_M (I have now corrected the spelling errors :))
    I have now sent an email with all the problems and will go to my estate agents first thing Monday morning. I hope they agree to an early surrender

    They aren't your estate agent. They are the landlord's letting agent and they act on his behalf. Your contract is with the landlord and it's down to him if he will agree an early surrender with you.
  • System
    System Posts: 178,367 Community Admin
    10,000 Posts Photogenic Name Dropper
    Thank you for your answers. I am truly shocked that having flies buzzing inside a property and having not had a shower in 2-3 days (a basic human right!) does not constitute a property being uninhabitable?! How is that even legal?!!
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • SophiaRey wrote: »
    Thank you for your answers. I am truly shocked that having flies buzzing inside a property and having not had a shower in 2-3 days (a basic human right!) does not constitute a property being uninhabitable?! How is that even legal?!!

    A basic human right?

    Boilers break down, it happens. Your has been broken for 2 days and you haven't even reported it yet. Boil a kettle and have a flannel wash at the sink.
  • elsien
    elsien Posts: 36,449 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 January 2020 at 2:59PM
    I don't think the Universal Declaration of Human Rights covers showers.

    You have water, electricity and a kettle. It is perfectly possible to have a
    thorough all over wash and hair wash using those items and a sink.

    You have flies in one room. Find out where they are coming from, have a good clean and zap them.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • bigisi
    bigisi Posts: 925 Forumite
    SophiaRey wrote: »
    a shower..... (a basic human right!)

    Jesus wept.
    How is that even legal?!!

    Another poster who thinks that just because they don’t understand something it MUST be illegal :rotfl:
  • Could the flies be drain flies?

    We had what seemed an infestation in our kitchen even though there was no obvious reasons.

    I read somewhere about drain flies, followed the easy suggestions of getting rid of them & the problem went away.

    The method we followed was to pour boiling water down the drain twice a day though if that didn't work, it was also suggested that pouring a mixture of 1/2 a cup of baking soda, 1/2 a cup of salt & 1 cup of vinegar last thing at night & then pour boiling water down it in the morning.
  • Just griz out a cold ship shower. One there's a thick lather of soap you have no option but to fight through it. Once passed the urge to scream it's not too bad.

    You shouldn't be left without hot water but they need some time to get fixed. Not sure how long though.
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