Unwinding the contract

Sputtiamicini18

Hi

I was wondering if anybody could give me some advice. I apologise in advance as it is a little longwinded.

We were given a Section 21 notice from our current landlord which expired on the 19th September. For the 6 months of the notice we viewed every property that came up in our area. There is barely anything on the market and to each house there were 100 people interested and many applicants. Some houses we weren’t even allowed to get a viewing on. As the time was running out we widened the search net and started viewing things up to a 30 minute drive away. A commute is tricky with our circumstances.. but needs must. We also upped what we were willing to pay. This still yielded no results. It got to the point we were literally selling our souls to landlords.. offering months upfront (would have had to put this on credit cards), free work on the house - my partner is a tradesman etc. Still, nothing.

It seems, even though it is illegal to discriminate against those in receipt of benefits, it still happens. 

I am a carer for two of our children. My daughter has a rare stomach condition and my son has cerebral palsy and autism. Do they think we chose this life? Do they not realise we need housing too? When it came down to it, other couples in full time employment were chosen. I have rented for 12 years and I have never missed a payment. Not one. I would get glowing recommendations from my landlord. Our credit is excellent. Our affordability is fine. We were literally begging them to take our money and nope. (If anyone has any advice on this matter too that would be great)

It got to mid September and we were really panicking. We viewed another house, it wasn’t ideal, bit of a commute, it was awful inside but it was a roof! They told us it just needed some TLC and a lick of paint which they gave us permission to do. They also pointed out a hole in the kitchen wall (in hindsight this was probably only pointed out because it was staring us in the face).

The landlord accepted us and we signed the tenancy on the 23rd September. Finally that really horrible stressful ordeal was over. 

We got the keys and we were shocked. We thought it would have at least been cleaned before our arrival. The dust was thick everywhere, every surface. Skirting boards, doors, walls were just absolutely filthy. Oven had not been cleaned. Gardens had not been maintained. There were public hairs everywhere and the place smelled like something had died in there? We were not allowed in the garden at the viewing instead we looked at it through the conservatory. But when we went out, the drains were that backed up, there was a foot deep worth of standing water and it smelled like a dead body. Furthermore, the shed was falling to bits, ivy had grown through it all and it was unsafe. We called them to let them know and they sent contractors out.

We decided to go through the inventory and make our own. The sinks were backing up - why the house smelled so bad. There was mould behind a radiator in the front bedroom. There was a smashed window in the living room (hidden by blinds). The wallpaper was coming off in the fourth bedroom (strategically hidden by the only two pieces of furniture in the property making it more aesthetically pleasing. The carpet was unravelling everywhere and it was unsafe. The bathroom window was smashed and lots of shards of glass poking out. The boiler didn’t work, some of the radiators didn’t work. The list goes on.

In the meantime, we just thought get on with it and we started cleaning and painting. The quicker we vacated our property, the more money I got refunded on the rent. In less than a week we had really turned the house around. It cost me £100 in air freshener alone. No joke. We painted everything white/neutral, it looked lovely. Every room really brightened and cleaned the place up. We glossed everywhere, even the windows as they were all mouldy and the wood was falling to bits. We plastered the wall in the kitchen as the render had failed.

During this, we noticed the conservatory was leaking. Another contractor came out.  He looked at it and said the flashing has failed, it needs a new roof. Whilst up there he realised that slates were scattered all over it from the actual roof. He went around the property and slates had fallen off left and right. He went into the loft and could see the sky. He took a damp meter around the property and the levels were too high. Finally, at this point I had had enough. It was a dilapidated building I was paying £1500 a month for!

The letting agent are claiming no knowledge of anything. The roof, the shed and the drains are the hardest to believe as you can see them with the naked eye - if you’re allowed in the garden. And you can smell the drains! 

I’ve had a lot of advice from shelter who say I can unwind the tenancy due to aggressive practice (the letting agent was very forceful and manipulative) and misleading actions - stating all the property needed was some TLC. 

We would have never signed the contract if we had known about the hazards. The property in uninhabitable and unsafe. I told them I would continue the tenancy if the landlord agreed to refund this months rent (I can’t live there and I can’t afford to pay rent on two properties) and carry out the work in a reasonable amount of time. In the meantime I have started the formal complaints process against the letting agent. 

The landlord has come back and said he will give me my money back, just the tenancy and deposit, not the £500 I’ve spent in the property. If I just walk away. The letting agent is throwing terms like ‘zero transaction’ and ‘cancelling the tenancy’ but it sounds like he wants me to surrender? I understand if I unwind the contract I can claim damages? He keeps avoiding my requests to do this and instead forcing the walk away option. This is a problem for us as the council will view it as surrendering and That I’ve made myself intentionally homeless.

I just want to know where I stand, I don’t need a huge legal fight with our family’s current situation. But neither do I want to be taken advantage of all the time. We are gutted this has happened. We are furious that house has been put on the market as it stands. We have now wasted precious time finding somewhere else and we are now facing eviction, homelessness and bailiffs. The stress is too much. 

If someone can explain why they’re trying to get me to walk away? Who do I go to to unwind the tenancy? Is there any way I can complain about that landlord letting out an unsafe property? I truly believe they will put it back on the market for a higher rent now we have made it look amazing inside. 

What is the process of redress? They are with The Property Ombudsman. If I escalate my complaint to them do I have to go to court? If I take their offer of walking away can I no longer claim damages? I know it was my choice to paint and spend that money. But I wouldn’t have done that if I hadn’t been misinformed about so many things.

This has been a major blow for our family. It has cost us time, effort, money. It’s been such a horrible experience and I don’t trust any of them now. I do have it in writing that we could decorate but I’m scared of repercussions if I complain about them. Now we have lost time trying to find somewhere, we lost another potential home as the letting agent was manipulative and said it was in a huge state of disrepair and the letting agent was notorious for letting their tenants down - how ironic! He was annoyed the property didn’t go to him. His competitiveness was apparent in a 20 minute viewing. He would not let us put a holding deposit down while we waited to find out about another house ‘I am not losing this client’ and said we had to let him know by the end of the day as the house was going so many people wanted it. We had no choice but to apply in our vulnerable position. That letting agent dominate a lot of the market around here so we have lost more prospective properties. 

How can they shirk all responsibility and do this to us? I can’t take much more. Any and all advice would be great. Thankyou.

canaldumidi

I doubt you can get back money you chose to spend on the property unless the landlord agrees.

If you and the LL agree to unwind the contract, all that's needed is a simple statement to that effect, plus the return of your rent and deposit, which you say the LL has agreed to.

Have you ended your previous tenancy? Served notice there? Can you return there? The S21 you received does not end the tenancy.

Sputtiamicini18

We never actually moved into the other property as it was full of category 1 and 2 hazards and it would have been bad for our health and safety. We are still in the property we had our section on. And now have the awful process of trying to find somewhere else to live on borrowed time. 

I have a formal complaint going where I am seeking damages against the letting agent at the moment. 

The landlord has breached the Landlord and tenant act, our tenancy agreement along with other legal policies. The letting agent has breached consumer protection law. This is an unfair situation and we are the only losers. Why do they not get penalised? We now have less time to find somewhere and we are facing homelessness. 

And I bet any money that property will be back up for rent in a week with a higher rent now it looks beautiful inside thanks to us. 

I just needed to know if unwinding the contract is something I need to apply for specifically somewhere else. Thanks for your reply.

canaldumidi

As I said, the S21 does not end your current tenancy. You donot have to leave until a court ends the tenancy.

Due to the large backlog of cases, this is likely to be many monhs or even a year.

Pixie5740

Sputtiamicini18 said:

Hi

I was wondering if anybody could give me some advice. I apologise in advance as it is a little longwinded.

We were given a Section 21 notice from our current landlord which expired on the 19th September. For the 6 months of the notice we viewed every property that came up in our area. There is barely anything on the market and to each house there were 100 people interested and many applicants. Some houses we weren’t even allowed to get a viewing on. As the time was running out we widened the search net and started viewing things up to a 30 minute drive away. A commute is tricky with our circumstances.. but needs must. We also upped what we were willing to pay. This still yielded no results. It got to the point we were literally selling our souls to landlords.. offering months upfront (would have had to put this on credit cards), free work on the house - my partner is a tradesman etc. Still, nothing.

It seems, even though it is illegal to discriminate against those in receipt of benefits, it still happens. 

I am a carer for two of our children. My daughter has a rare stomach condition and my son has cerebral palsy and autism. Do they think we chose this life? Do they not realise we need housing too? When it came down to it, other couples in full time employment were chosen. I have rented for 12 years and I have never missed a payment. Not one. I would get glowing recommendations from my landlord. Our credit is excellent. Our affordability is fine. We were literally begging them to take our money and nope. (If anyone has any advice on this matter too that would be great)

It got to mid September and we were really panicking. We viewed another house, it wasn’t ideal, bit of a commute, it was awful inside but it was a roof! They told us it just needed some TLC and a lick of paint which they gave us permission to do. They also pointed out a hole in the kitchen wall (in hindsight this was probably only pointed out because it was staring us in the face).

The landlord accepted us and we signed the tenancy on the 23rd September. Finally that really horrible stressful ordeal was over. 

We got the keys and we were shocked. We thought it would have at least been cleaned before our arrival. The dust was thick everywhere, every surface. Skirting boards, doors, walls were just absolutely filthy. Oven had not been cleaned. Gardens had not been maintained. There were public hairs everywhere and the place smelled like something had died in there? We were not allowed in the garden at the viewing instead we looked at it through the conservatory. But when we went out, the drains were that backed up, there was a foot deep worth of standing water and it smelled like a dead body. Furthermore, the shed was falling to bits, ivy had grown through it all and it was unsafe. We called them to let them know and they sent contractors out.

We decided to go through the inventory and make our own. The sinks were backing up - why the house smelled so bad. There was mould behind a radiator in the front bedroom. There was a smashed window in the living room (hidden by blinds). The wallpaper was coming off in the fourth bedroom (strategically hidden by the only two pieces of furniture in the property making it more aesthetically pleasing. The carpet was unravelling everywhere and it was unsafe. The bathroom window was smashed and lots of shards of glass poking out. The boiler didn’t work, some of the radiators didn’t work. The list goes on.

In the meantime, we just thought get on with it and we started cleaning and painting. The quicker we vacated our property, the more money I got refunded on the rent. In less than a week we had really turned the house around. It cost me £100 in air freshener alone. No joke. We painted everything white/neutral, it looked lovely. Every room really brightened and cleaned the place up. We glossed everywhere, even the windows as they were all mouldy and the wood was falling to bits. We plastered the wall in the kitchen as the render had failed.

During this, we noticed the conservatory was leaking. Another contractor came out.  He looked at it and said the flashing has failed, it needs a new roof. Whilst up there he realised that slates were scattered all over it from the actual roof. He went around the property and slates had fallen off left and right. He went into the loft and could see the sky. He took a damp meter around the property and the levels were too high. Finally, at this point I had had enough. It was a dilapidated building I was paying £1500 a month for!

The letting agent are claiming no knowledge of anything. The roof, the shed and the drains are the hardest to believe as you can see them with the naked eye - if you’re allowed in the garden. And you can smell the drains! 

I’ve had a lot of advice from shelter who say I can unwind the tenancy due to aggressive practice (the letting agent was very forceful and manipulative) and misleading actions - stating all the property needed was some TLC. 

We would have never signed the contract if we had known about the hazards. The property in uninhabitable and unsafe. I told them I would continue the tenancy if the landlord agreed to refund this months rent (I can’t live there and I can’t afford to pay rent on two properties) and carry out the work in a reasonable amount of time. In the meantime I have started the formal complaints process against the letting agent. 

The landlord has come back and said he will give me my money back, just the tenancy and deposit, not the £500 I’ve spent in the property. If I just walk away. The letting agent is throwing terms like ‘zero transaction’ and ‘cancelling the tenancy’ but it sounds like he wants me to surrender? I understand if I unwind the contract I can claim damages? He keeps avoiding my requests to do this and instead forcing the walk away option. This is a problem for us as the council will view it as surrendering and That I’ve made myself intentionally homeless.

I just want to know where I stand, I don’t need a huge legal fight with our family’s current situation. But neither do I want to be taken advantage of all the time. We are gutted this has happened. We are furious that house has been put on the market as it stands. We have now wasted precious time finding somewhere else and we are now facing eviction, homelessness and bailiffs. The stress is too much. 

If someone can explain why they’re trying to get me to walk away? Who do I go to to unwind the tenancy? Is there any way I can complain about that landlord letting out an unsafe property? I truly believe they will put it back on the market for a higher rent now we have made it look amazing inside. 

What is the process of redress? They are with The Property Ombudsman. If I escalate my complaint to them do I have to go to court? If I take their offer of walking away can I no longer claim damages? I know it was my choice to paint and spend that money. But I wouldn’t have done that if I hadn’t been misinformed about so many things.

This has been a major blow for our family. It has cost us time, effort, money. It’s been such a horrible experience and I don’t trust any of them now. I do have it in writing that we could decorate but I’m scared of repercussions if I complain about them. Now we have lost time trying to find somewhere, we lost another potential home as the letting agent was manipulative and said it was in a huge state of disrepair and the letting agent was notorious for letting their tenants down - how ironic! He was annoyed the property didn’t go to him. His competitiveness was apparent in a 20 minute viewing. He would not let us put a holding deposit down while we waited to find out about another house ‘I am not losing this client’ and said we had to let him know by the end of the day as the house was going so many people wanted it. We had no choice but to apply in our vulnerable position. That letting agent dominate a lot of the market around here so we have lost more prospective properties. 

How can they shirk all responsibility and do this to us? I can’t take much more. Any and all advice would be great. Thankyou.

Are Shelter not able to help you with the unwinding of the tenancy?  My understanding though is that you only have 90 days from the start of your tenancy to try and unwind it.

https://england.shelter.org.uk/professional_resources/legal/housing_options/private_renting/tenant_remedies_for_unfair_trading_practices

I think really Shelter are the best organisation to advise you on what your next steps should be.

Sputtiamicini18

Yes shelter have been invaluable through this and have advised me of my rights and what to do. I am entitled to unwind the contract and claim damages which I am in the process of. A 28 page complaint complete with 320 photos/legislations was sent across to their formal complaints department yesterday. Then I have to escalate it to the property ombudsman. I am also being advised to approach the media, environmental health, trading standards and Housing standards with my council regarding the matter as what they have done is disgusting. However when I approach the letting company they start using terminology that isn’t recognised by anybody, but amounts to ‘surrendering’ the tenancy. This not only looks bad to the council.. but it is a way of the letting agent claiming no responsibility for marketing a house that was uninhabitable from the beginning. What if a slate fell on our head? They are claiming they had no knowledge of the issues yet they did not let us in the garden at the viewing? Possibly because there was a foot of standing water that smelled like a dead body and the fact we would have seen the state of the roof. The tiles have fallen off everywhere and the sky is visible through the loft. The damp levels are too high throughout and I have brittle asthma and my children have health issues. We could not move in to that property and it shouldn’t be on the market as it stands. We have now wasted a month on a property when our notice has run out. I know the eviction process is taking longer at the moment, but that does not make it any less stressful to be in this position. Especially when we have spent 6 months searching, begging, applying and have got nowhere. I feel like a second class citizen. I am terrified and petrified of what will happen to us. The council has informed me I will have to be in the hostel.. on one of the worst council estates in my area.. for up to 3 years until I have enough points.

I am a carer life is stressful as is. I really did not need to spend a month doing up
 someone else’s house for nothing. Then be left facing homelessness still at the end. But with less time to find somewhere and less choice due to losing that letting agents prospective properties.

The letting agents have been so cold about the situation. Not said anything nice or supportive. I thought maybe I’d get some warmth here from people who may have been in a similar situation. But it sounds as though we should just sit back and take this kind of maltreatment and disservice. 

Pixie5740

Sputtiamicini18 said:

Yes shelter have been invaluable through this and have advised me of my rights and what to do. I am entitled to unwind the contract and claim damages which I am in the process of. A 28 page complaint complete with 320 photos/legislations was sent across to their formal complaints department yesterday. Then I have to escalate it to the property ombudsman. I am also being advised to approach the media, environmental health, trading standards and Housing standards with my council regarding the matter as what they have done is disgusting. However when I approach the letting company they start using terminology that isn’t recognised by anybody, but amounts to ‘surrendering’ the tenancy. This not only looks bad to the council.. but it is a way of the letting agent claiming no responsibility for marketing a house that was uninhabitable from the beginning. What if a slate fell on our head? They are claiming they had no knowledge of the issues yet they did not let us in the garden at the viewing? Possibly because there was a foot of standing water that smelled like a dead body and the fact we would have seen the state of the roof. The tiles have fallen off everywhere and the sky is visible through the loft. The damp levels are too high throughout and I have brittle asthma and my children have health issues. We could not move in to that property and it shouldn’t be on the market as it stands. We have now wasted a month on a property when our notice has run out. I know the eviction process is taking longer at the moment, but that does not make it any less stressful to be in this position. Especially when we have spent 6 months searching, begging, applying and have got nowhere. I feel like a second class citizen. I am terrified and petrified of what will happen to us. The council has informed me I will have to be in the hostel.. on one of the worst council estates in my area.. for up to 3 years until I have enough points.

I am a carer life is stressful as is. I really did not need to spend a month doing up
 someone else’s house for nothing. Then be left facing homelessness still at the end. But with less time to find somewhere and less choice due to losing that letting agents prospective properties.

The letting agents have been so cold about the situation. Not said anything nice or supportive. I thought maybe I’d get some warmth here from people who may have been in a similar situation. But it sounds as though we should just sit back and take this kind of maltreatment and disservice. 

Who is saying you should sit back and accept it?  I never said that and if Shelter have advised you on what to do that's what you should do.  If you are able to recoup some of the money this property has cost you then go for it.  Hit the landlord where it hurts....the pocket.  Why do you need to approach the letting agency at all?  If you must communicate with the letting agency or landlord do it in writing and by writing I mean a letter.

I haven't rented a property with as many issues as yours but I have experienced a nightmare landlord before.

https://forums.moneysavingexpert.com/discussion/4815888/nightmare-landlady

theartfullodger

Thatcher brought in section 21 - the "evict for no reason at all" process with the 1988 Housing Act.  as the merkins say, go figure.

Other  countries (eg Scotland) have abolished such mechanisms. 

Really sorry, hope things get better.

GDB2222

theartfullodger said:

Thatcher brought in section 21 - the "evict for no reason at all" process with the 1988 Housing Act.  as the merkins say, go figure.

Other  countries (eg Scotland) have abolished such mechanisms. 

Really sorry, hope things get better.

My parents used to let out the flat above their surgery. They were doing this before ASTs were introduced. They only ever let to PhD students from abroad, as they were worried they would never get the flat back if they let to a Brit. Also, rents were sky-high in those days, because of the risks involved. 

deannagone

I seriously think that long before this, you should have contacted the council for help with housing.  Did you do this at any point?  You need to go to them, with all your pictures, explain about the S21, then what you did to find housing, how desperate you were, and ask for their help.  I can't promise what help they will provide, but you can't possibly be any worse off than you have been for the last few months. As has been said, you don't HAVE to move out on being given a S21 notice period.  Its a document the LL serves, at the end of the notice period, they can then start possession proceedings in a court.  Then a bailiffs warrant to evict you.  But the courts do have a backlog.., so you have a bit of time to find somewhere still.  The council, because of your children having special needs Will probably have a duty to house you.  Prepare by informing any consultants they have, so you can get evidence together quickly if the council asks.  Be aware of gatekeeping techniques from the council (google it).  Check what they say with Shelter (I had to do this a few times).  You can even ask the consultants if they can support your case to not be forced to move into one room housing - its what I did to avoid that and successfully.  This is obviously a last resort if you don't find a private rental but at least you have that in the background, rather than facing homelessness.  You shouldn't.

You need, initially to go to the council covering the area you live in, where you have been served a S21.  Probably helpful to contact Environmental Health and the Private Rental Officer in the council for the house you haven't actually moved into as well.  Again no promises, but I hope they will have a responsibility to force the LL to make the house habitable before renting again.  Or come down on him for possessing an uninhabited house if he doesn't - although that takes time.  I suspect the fact that he tried to rent the house out in an uninhabitable state (which you have pictures of) will get him into trouble.

I am sorry this has happened to you.

elsien

Sputtiamicini18 said:

……

The letting agents have been so cold about the situation. Not said anything nice or supportive. I thought maybe I’d get some warmth here from people who may have been in a similar situation. But it sounds as though we should just sit back and take this kind of maltreatment and disservice. 

The letting agents were never going to be warm and supportive. They’re paid by the landlord, and the landlord clearly doesn’t give a stuff. 
You may feel that thx replies here have been lacking in warmth. But people are trying to explain to you that a S21 doesn’t end the tenancy and you could have sat tight for months longer while you continued to look for somewhere suitable. 

So if you’ve not handed in your notice to property one that gives you breathing space to sort out the second tenancy and carry on looking.

Have you approached the council and housing associations at all? Your children’s health conditions could potentially bump you up the list a little bit