Grounds for ending an AST early?

silvercar

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*

The problem with a roofing repair is that it could cost fortunes. If the problem is isolated the repair can be made (even if its only a make-do job until the roof is totally replaced), if the whole roof is reaching the end of its lifespan then the landlord really is the only one that can action this.

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)

Totally agree, an ingress of water can travel in any direction before entering the house. Though what kind of roofer won't come out in the rain and refuses to go in the attic?

MortgageMamma

the landlords odd job man perhaps?

Trollfever

And more info here:


http://www.adviceguide.org.uk/index/family_parent/housing/disrepair_in_rented_accommodation.htm

Generali

OP - I think you will be best off speaking to Shelter about this. They're a charity and give free advice.

FWIW, I think your LL should be ashamed of himself, profiting from your misery.

clutton_2

FWIW, I think your LL should be ashamed of himself, profiting from your misery.

i think that is grossly unfair - the LL has sent someone out several times - and yes roof leaks are notoriously difficult to find - maybe the LL's agent is not telling the LL that the roof is refusing to go into the roof space

tbs624

silvercar wrote: »

The problem with a roofing repair is that it could cost fortunes. If the problem is isolated the repair can be made (even if its only a make-do job until the roof is totally replaced), if the whole roof is reaching the end of its lifespan then the landlord really is the only one that can action this.



Totally agree, an ingress of water can travel in any direction before entering the house. Though what kind of roofer won't come out in the rain and refuses to go in the attic?

Silvercar - I agree that roof repairs are not always straightforward but the landlord owes it to a paying tenant to have someone there getting it sorted. A decent roofing company would sort the problem but clearly the LL has to spend money. If the roof is not properly maintained his building insurers might also be interested.

Generally, when a LL can see that a tenant is not going to shut up and go away, because they are aware of their rights under landlord & tenant law, s/he will normally be spurred on to either getting another more competent company in, offering an appropriate rent deduction, or agreeing to an early termination of the contract.
He may simply be trying to avoid paying out for anything major purely because he's in the process of selling, but its clearly part of his responsibility while he continues to let the property.

solventblackbird

Thanks all - that is really helpful advice and information. As I said, I've sent another email letting them know I will be telephoning first thing on Monday to get an answer about the rent reduction/releasing me from the contract early. If there is no joy with that, I will write to both the agent and the landlord (I have his home address, which might come in useful later) putting it all in writing, quoting the relevant legislation and informing them they are in breach of contract and I will be seeking Legal advice.

Which I will then do.

I have a feeling the landlord has no idea how crappy his agents are - he seems a nice enough chap but obviously that isn't getting my roof fixed.

Thank you so much. I will let you know what happens on monday.

clutton_2

i would write to the landlord at home first, i suggest a really friendly letter, with a plea for help, trying to be on "his side" in terms of him employing a poor letting agent ...... try to get him on "your side" first - before using Legislation to threaten him with - give him a chance to sort it out one more time. If he does not send a new roofer, then, maybe write a stronger letter.

epz_2

solventblackbird wrote: »

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

I would start by not being so nice, dont ask TELL them what is going to happen.

the landlord is a business providing a service (housing you), when they fail to provide it then why would you pay them cause they are trying hard.

I may be wrong but doesnt the landlord have an obligation to rehouse them till the place is habitable, mention this or say we can call it quits and go our seperate ways and see him jump at it.

Generali

clutton wrote: »

FWIW, I think your LL should be ashamed of himself, profiting from your misery.

i think that is grossly unfair - the LL has sent someone out several times - and yes roof leaks are notoriously difficult to find - maybe the LL's agent is not telling the LL that the roof is refusing to go into the roof space

Fair point. My LL tried to put up my rent by £200 per month so I'm a bit down on LLs right now.

On re-reading you're right. It's completely unfair.