Grounds for ending an AST early?

solventblackbird

You might have read my previous posts about my leaking roof and the fact that the Landlord has now put the house on the market.

Just a recap: they have sent a roofer numerous times who has been unable to solve the problem. It's leaking again today. When the roof does leak my daughter has to sleep in my room and I need to sleep on the sofa.

The landlord has refused a rent reduction. I have now asked for them to release me from the contract.

Other than ask, and suck it up when they say no, is there anything I can do to force a rent reduction or end the contract early?

MortgageMamma

I would say you have good grounds for ending the tenancy - the property is defective and its affecting your everyday useage of the property (and safety, electricals)

Do you let your property through an agent or direct from landlord? if through an agent you shoudl write to them and request an early release without penalty and wait for them to come back to you.

IMO this is the landlords problem not yours, if he can't fix it and you can't live with it then you should go

Speak to community legal advice about this, they also offer advise on housing issues

solventblackbird

Yes - I rent through a letting agency. I asked last week for a rent reduction or an early end to the contract. He said he would speak to the landlord but has come back with news of neither.

I phoned on thursday and he said the Landlord will not reduce the rent as he is doing his best to fix the problem (I think they are, but it isn't my problem).

So now I have sent a request to end the contract early by email. I am expecting them to fob me off or refuse.

Are you saying that my next step is the CAB/Shelter?

Thanks

MortgageMamma

how long have you had the problem for?

solventblackbird

MortgageMamma wrote: »

how long have you had the problem for?

Since I moved in - which was mid Jan. My contract ends in June.

The leak is an ongoing problem - I was told it had already been fixed when I moved in, and the decorator would repaint the ceiling in the first week. It has leaked almost every time it has rained since.

MortgageMamma

get yerself out of there lass. Thats a tad ridiculous IMO. and what sort of roofing contractor could not spot where a leak was coming from?!

You have a serious and valid complaint here, I'd be looking to take some legal advice, perhaps you could go for one of those first half hour free sessions at a local solicitors firm?

solventblackbird

Yes - I think I will. Thank you.

The thing that scares me is that all the evidence I've managed to find on the internet suggests that if I do leave early without their permission I will be liable for the rest of the rent and that there is nothing I can do without their permission.

I am a single mother and I just can't afford to pay that. I also don't think they'll find new tenants quickly as the damage to the ceiling is much worse now than when I moved in.

I've done a bit of research and I know that roof repairs are sometimes difficult - esp. when they can't tell where the water is coming in from (the roofer won't come when it is raining and refuses to look inside the attic) but when it boils down to it, it isn't my house, it isn't my problem and it isn't what I am paying for. I tried to be reasonable and said I would be happy with a rent reduction but they will not agree to that.

MortgageMamma

Hi

If you see a solicitor then they may be able to resolve this without you moving out, or if you do have to move out you will have a bit of legal backing and also will get your deposit back. A letting agent can only charge you rental until they get new tenants in, and that could be a while due to ceiling. have you taken photos?

clutton_2

you need to put everything in writing to the LA as to why you want to be let go early as it were - the complete history of the roof saga - and the inconvenience and danger you suffered as a result. Should they take you to court later on , this will be very valuable contemporaneous evidence.

if the roofer will not go into the roof space, he's an idiot - its the second place any roofer looks ....... (after looking at the roof externally)

tbs624

Landlord & Tenant Act 1985 (Section 11) requires the landlord to keep the structure and exterior of the property in good repair and, by failing to get the roof fixed, he is in breach of his obligations to you. The law says that he must get repairs done with a “reasonable “ time, and you’ve put up with this for around two months which seems more than a reasonable time allowance to me.

See the local Council Private Tenancies Officer/ Tenancy Relations Officer (part of Housing Dept) & also contact the Council’s Environmental Health Officer. I think that under the Environmental Protection Act 1990, an EHO may inspect the property and serve a Repairs Notices on the landlord in some circumstances . Also, see if your Health Visitor/GP can give you some support because of the related health/sleep issues.

Keep dated notes on everything, and it's always best to put your dealings with the landlord/agent in writing (recorded delivery) rather than doing it by phone. You then have a clear record in the event of any legal dispute.

Unfortunately, if you withhold your rent because the repair hasn’t been done it places you in breach of contract and it’s to your advantage to be able to show that you have acted “reasonably”. However, if all else fails, one other option is where you inform the landlord in writing that if the matter is not resolved you personally will arrange for the repair to be done and deduct the cost of the bill from your rent. You would need to get 3 professional estimates that you then send to the landlord, telling him that if the repair is not satisfactorily completed within 14 days you will take the lowest quote and deduct the money from the rent. You get the work done, making sure you have receipts for everything, and then send a copy bill to the Landlord. If he doesn’t pay up, you deduct the money from the following month’s rent. *Do get help from the CAB or legal adviser beforehand if you want to consider this option*

If you really would prefer (understandably) to leave, then formally write saying that you view the failure to repair as a breach of contract (quote the appropriate Act) and that you are taking legal advice with a view to ending the contract early. If they ring you politely explain that you would like everything to be dealt with by letter.

It must be distressing for you to have to deal with this but do stand your ground with the landlord/agent! However nice & helpful the Agent may appear he acts on behalf of the landlord and is paid to do so. You are paying for the provision of safe, clean accommodation in a good state of repair and that is exactly what you are entitled to.

MortgageMamma

wow that is a REALLY useful reply, are you a professional in this area?

Its nice to see someone help out who can quote that relevant part of the act and advise on specific criteria

Thanks

MM