Trying to end a rental tenancy agreement

unopposed_archon1

Good evening MSE, I am posting on behalf of a very upset and stressed out partner. Please move to correct board, if this is in the wrong place. 

My partner has been renting a flat from a private landlord for the last 5 months. However, the flat has damp issues, and an independent electrician has advised the electrics are old and unsafe, it hasn't been serviced since 2014 and even the date on the electric box looks like it has been tipexd out.

My partner has reached out to the landlord and expressed the concern they have with the flat and the fact they would like to end the tenancy early due to the flat not being maintained to an adequate condition. The damp has spread all over the bathroom and the living room and has actually caused health problems for my partner and of course the emotional distress.

The landlord argues the tenancy is for 12 months and my partner can not leave the tenancy and they would be keeping the deposit. They have also been slow in repairing storage heaters, taps, showers etc.

 I suppose the question is is this legal and is there a clause to get my partner out of the tenancy and not have to suffer for another 7 months. I would be grateful if anyone can advise us on the matter. We have reached out to citizens advice, but will try again. I just feel this is unfair as other landlords have advised 6 months is minimum and not 12.

Any bit of help will help. Thanks for reading.

TLDR; Can a landlord refuse to end a 12 month tenancy after 6 months if property is not suitable and they are refusing to repair things.

elsien

Are the damp issues due to issues with the building, or are they more due to condensation/ lifestyle factors ?
What does”reaching out” to the landlord mean in practical terms? Has your partner written to the landlord at the address on the tenancy to make a formal request for the necessary repairs both electrical and otherwise? 

Does the tenancy have a break clause? 

SpiderLegs

Yes of course they can, unless the contract forces them to.

your partner should be following the advice given by shelter on requesting and forcing repairs. They should also be contacting environmental health if they believe the property is not habitable.

Mickey666

What does the tenancy agreement that your partner signed state as the minimum term?

MaryNB

Report him to the local authority. Since the tenancy started after the 1st of June 2020, the landlord should have done an electrical inspection condition report (EICR). Even if they have one the landlord needs to act on any remedial work highlighted in the report. The council might also flag the damp as something requiring immediate attention. If the house is deemed far below standard and the landlord doesn't carry out remedial work the council may prohibit them from continuing to let the property and you partner will have to find somewhere else to live. If the landlord hasn't done a EICR is there anything else missing? Was your partner provided with a gas safety cert (if there is a gas supply), smoke alarms, EPC?

Complain to environmental health about private rented housing

unopposed_archon1

elsien said:

Are the damp issues due to issues with the building, or are they more due to condensation/ lifestyle factors ?
What does”reaching out” to the landlord mean in practical terms? Has your partner written to the landlord at the address on the tenancy to make a formal request for the necessary repairs both electrical and otherwise? 

Does the tenancy have a break clause? 

Damp issues are due to the building I believe. Sorry, by reaching out I meant they have contacted them informally through emails and text messages. 

Now the part I forgot to mention is my partner has not got the Tennancy to hand- which is frustrating me as I would be able to provide better answers. They have contacted landlord to provide another copy, but has fallen on deafs ears. 

Thanks for your input

unopposed_archon1

SpiderLegs said:

Yes of course they can, unless the contract forces them to.

your partner should be following the advice given by shelter on requesting and forcing repairs. They should also be contacting environmental health if they believe the property is not habitable.

Shelter? I'll have to do some research as I am not familiar. I believe environmental health will be the next step.

Thanks for your advice

unopposed_archon1

Mickey666 said:

What does the tenancy agreement that your partner signed state as the minimum term?

They belive it stated 12 months, but can not find the actual tennancy agreement. Have asked landlord on multiple occasions for another copy, but still not yet received anything.

Thanks for your input

elsien

unopposed_archon1 said:

elsien said:

Are the damp issues due to issues with the building, or are they more due to condensation/ lifestyle factors ?
What does”reaching out” to the landlord mean in practical terms? Has your partner written to the landlord at the address on the tenancy to make a formal request for the necessary repairs both electrical and otherwise? 

Does the tenancy have a break clause? 

Damp issues are due to the building I believe. Sorry, by reaching out I meant they have contacted them informally through emails and text messages. 

Now the part I forgot to mention is my partner has not got the Tennancy to hand- which is frustrating me as I would be able to provide better answers. They have contacted landlord to provide another copy, but has fallen on deafs ears. 

Thanks for your input

Informal is no good if the issues are serious enough to be considering breaking the tenancy. 

Presuming this is England/Wales, the landlord is legally obliged to provide an address where the tenant can serve notice on them. 

unopposed_archon1

MaryNB said:

Report him to the local authority. Since the tenancy started after the 1st of June 2020, the landlord should have done an electrical inspection condition report (EICR). Even if they have one the landlord needs to act on any remedial work highlighted in the report. The council might also flag the damp as something requiring immediate attention. If the house is deemed far below standard and the landlord doesn't carry out remedial work the council may prohibit them from continuing to let the property and you partner will have to find somewhere else to live. If the landlord hasn't done a EICR is there anything else missing? Was your partner provided with a gas safety cert (if there is a gas supply), smoke alarms, EPC?

Complain to environmental health about private rented housing

My partner was not given any sort of certificates or safety reports. Epc was not provided, and one smoke alarm is fitted. The flat is electricity only and no gas. 

As yourself and others have said,  environmental health will be contact at the earliest opportunity.

Thanks for your time

MaryNB

Has the landlord protected the deposit? If they have failed on several safety requirements I think there's a good chance they have failed on this as well.
Check your tenancy deposit is protected