My rights as a tenant

Polarkitto

I moved into my current property about a month into lockdown (had already signed and everything prepped, couldn't not move etc) due to this some pre-existing issues, I noticed after moving in, were not repaired as they would have required workmen in the house. At least that was my landlords excuse at the time but he has failed to make these repairs and any time I ask about them, he plays on my anxiety saying he'll need to be in the house with at least 5 other people for days to resolve minor repairs (for example one window needs a hinge replacing as it doesn't seal, he won't get it done and won't agree to let me get it done so the noise from the road is insanely loud) and he'd have to put the rent up etc etc.

I have to actively refuse his calls or he won't reply to me in writing, if I email him a question he'll try and call and has on numerous occasions made it clear he's doing this since then anything he agrees to isn't in writing and I can't prove. I have never received an epc from him and I'm fairly confident the house wouldn't pass if it did have one. I also have never received a gas certificate and he says I don't need one since I'm not using a gas oven (still have a combi boiler though and gas heating throughout)

My questions pertain to my tenancy which is only 2 single sided pages long.

I don't want to be confrontational, he has proven he's a spiteful type if I try to enforce the repairs or report him for lack of certificates etc, I just want to know my options for when I can leave.

1. There's nothing in my contract stating I need to give any amount of warning before I leave, would I get in any trouble if at the end of my tenancy I just moved out without telling him, then paid the month and told him I was gone once I was clear of the property?

2. There's no break clause at all, no mention at all about ending tenancy early or punishments etc. Could I simply state I was ending my tenancy and leave?

3. Does the fact I've never received an epc or gas certificate have any affect on my rights when it comes to leaving? As in if he threatened to take me to court could I use the lack of those things against him ever having rented to me in the first place?

4. Does the fact he took 6 weeks rent deposit instead of 5 have any affect on my rights?

RAS

Start by reading 

Post 3: Deposits: Payment, Protection and Return.

And check all three schemes to make sure that your deposit is protected. If not you can sue the LL for up to 3 times the value.

We presume you have a receipt?

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Polarkitto

RAS said:

Start by reading 

Post 3: Deposits: Payment, Protection and Return.

And check all three schemes to make sure that your deposit is protected. If not you can sue the LL for up to 3 times the value.

We presume you have a receipt?

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

My deposit is protected and I can log into the scheme it's in to view it, I appreciate the links very much but I suppose I'm looking for a sort of dumbed down version of "Yes/no" I struggle greatly when trying to process official/legal into actual answers for myself, hence the thread unfortunately 

RAS

Can you give the dates of your fixed term ....from....to? 

theartfullodger

A 2 page tenancy sounds dodgy.  Were you given much other paperwork?  Spend £3 with gov.uk land registry and check if owner's name and address on deeds is the same as on tenancy.  

Could be a scam.

Wales, NI? Where in UK please?

dimbo61

You have the address and postcode and can  find out if the property has a valid EPC which the Landlord MUST have in order to rent out the property.

https://www.gov.uk/find-energy-certificate

dimbo61

As far as the Gas Safe Certificate goes the Landlord needs to have an annual Gas Safe inspection carried out by a Gas Safe Engineer every year and can be fined if it's not done.
Has the property got an EICR ( electric inspection and condition report )
This needs to be done every 5 years.

dimbo61

You can request back one weeks rent.
You only need to pay a maximum of 5 weeks rent as a deposit.
Were you not given a 6/12 months tenancy at the start ?

canaldumidi

Polarkitto said:

I don't want to be confrontational, he has proven he's a spiteful type if I try to enforce the repairs or report him for lack of certificates etc, I just want to know my options for when I can leave.

1. There's nothing in my contract stating I need to give any amount of warning before I leave, would I get in any trouble if at the end of my tenancy I just moved out without telling him, then paid the month and told him I was gone once I was clear of the property?

2. There's no break clause at all, no mention at all about ending tenancy early or punishments etc. Could I simply state I was ending my tenancy and leave?

3. Does the fact I've never received an epc or gas certificate have any affect on my rights when it comes to leaving? As in if he threatened to take me to court could I use the lack of those things against him ever having rented to me in the first place?

4. Does the fact he took 6 weeks rent deposit instead of 5 have any affect on my rights?

1) I assume your fixed term has ended and you now have a periodic (rolling) tenancy. You should serve proper notice which is a full tenancy period ending on the date your fixed term ended (ie 5th of the month or whatever). You cannot just leave without warning - your tenancy agreement does not have to specify this. It's the law.

2) As above. And Break Clauses only apply during the fixed term. Please confirm: has the fixed term ended (and what is/were the exact dates of it)?

3) Lack of EPC or gas report does not affect your rights regarding leaving. Though they can protect you from being evicted.

Re EPC- contact the council (EnvironmentalHealth or Trading Standards I think)

Re gas - you can make a complaint to HSE via form LGSR1 form LGSR1.

4) You can reclaim 1 weeks rent immediately. Read the guidance.

Tenant Fees Act 2019: Guidance for tenants