Rental property with rats at start of tenancy

Jemma01

snowlucas said:

My questions were about the legal positions with the tenancy. We’re hopeful the issue will be resolved and I trust the pest pro. There is a point where this isn’t my property and putting my family through this level of disruption and potential danger (electrical fire) we might prefer to safely leave him to his mess. My understanding however is I have no particular legal right to withhold rent or end the tenancy based on what’s happened so far. 

Have you managed to call Citizen's advice? There are limited situations when rent can be withheld in England (not sure where you said you were), but there are legal processes you need to follow, so please call them if you haven't already, and let us know what they say.

Have you ever notified the landlord in writing? Do you have records of speaking to them about it and when the communication was first initiated? They might have done something, but is that "something" reasonable enough, and sufficient? That's what I'd be asking on the call. Let them guide you if they haven't already.

monkey-fingers

snowlucas said:

It’s a 12 month AST. It’s a private dwelling on the land (its own drive/council tax etc). In England. 

Well fortunately, it isn't. They cease to exist on May 1st. You can give 2 months notice on that date.

mills112

monkey-fingers said:

snowlucas said:

It’s a 12 month AST. It’s a private dwelling on the land (its own drive/council tax etc). In England. 

Well fortunately, it isn't. They cease to exist on May 1st. You can give 2 months notice on that date.

This.  Just move out, problem solved, or get a cat.

snowlucas

monkey-fingers said:

snowlucas said:

It’s a 12 month AST. It’s a private dwelling on the land (its own drive/council tax etc). In England. 

Well fortunately, it isn't. They cease to exist on May 1st. You can give 2 months notice on that date.

I was aware the rules change this year. If we still have them by May 1st then I'll be so sleep deprived I doubt I'd be able to write something as complicated as a notice letter. This is helpful to be aware of but doesn't help currently. But thanks.

_Penny_Dreadful

snowlucas said:

It’s a 12 month AST. It’s a private dwelling on the land (its own drive/council tax etc). In England. 

Section 9A of the Landlord and Tenant Act 1985 creates an implied term that a landlord must ensure a dwelling they let out is fit for human habitation. A rat infestation is a hazard under the Housing Health and Safety Rating System (HHSRS) and therefore the house is not fit for human habitation. 

You’ve contacted the landlord and now I think it’s time to contact the local authority who can take enforcement action against your landlord to resolve the issue. You may also be able to take your landlord to court for damages.

https://england.shelter.org.uk/professional_resources/legal/housing_conditions/responsibility_for_repairs/fitness_for_habitation_in_rented_homes

Myci85

Do you want your landlord to sort the issue, or do you want to end your tenancy and leave? If the latter, perhaps advise your landlord of Penny's point above, that they are currently breaching the HHSRS (I have no knowledge of this so taking her word for it) and you would like his agreement to mutually terminate the tenancy, as you would prefer to leave on good terms than have to report the issue to the council etc. 

snowlucas

Myci85 said:

Do you want your landlord to sort the issue, or do you want to end your tenancy and leave? If the latter, perhaps advise your landlord of Penny's point above, that they are currently breaching the HHSRS (I have no knowledge of this so taking her word for it) and you would like his agreement to mutually terminate the tenancy, as you would prefer to leave on good terms than have to report the issue to the council etc. 

My reaction to Penny’s information is at this moment our preference would be to get this resolved and stay. We are seeing some progress so we’re willing to wait to see if the current plan works. It’s very useful to have this information though as at least I know there are things I can use to motivate the landlord to act. The initial cause of the rats entering was a broken vent so the solution will be more than just poison. I also need him to get the electrics checked and fixed before we feel we can move on with the tenancy.