Is anybody a lawyer?

[lhancock90]

With information of contracts and tenancy issues?

 

[kbwebb]

My sil is a lawyer I could ask her any questions you have?

 

[lhancock90]

My sil is a lawyer I could ask her any questions you have?

We are desperate to get out of our tenancy agreement because the landlords an ass, we hate the area, can barely afford the rent etc. But the agreement seems air tight

The only discrepancy is, that, the signature of the landlord/agent/witness are all by the agent, but he hasn't expressed he had permission to do so, so it the contract still binding?

 

[special_kala]

How long do you have left of your tenancy?

 

[lhancock90]

How long do you have left of your tenancy?

11 months

We signed it thinking we couldn't afford to move but now we've been offered an amazing opportunity

We asked the landlord if he would allow us to surrender and he could keep his deposit and he said no.

The only other option really now is to stay till October and then take the break clause, things will be tight and moving won't be as perfect as it would be now but, really i suppose we are stuck.

Of course now we've asked him to let us leave hes suddenly wanting to get everything fixed even though we've bloody suffered on and off for months on end! Of course he realises now if he continues to be an arsehole we could make a case to leave so hes fixing himself up abit.

 

[lhancock90]

Just to give examples of why we want to get away from him:

- He shows up all the time, unannounced, all hours of day and night asking to check the house.

- Last year, at the start of Winter the boiler broke, twice, he was un-connactable for a month, no heat no hot water with the young kids. He eventually told us to fix it and he would square it with us. We were told and then he was that, the boiler needed a system flush. Or it would continue to break. He didn't do that. Its been making dodgy noises and the radiators and hot water are sporadic and he literally, until we mentioned leaving did absolutely nothing.

- Theres a gas pipe in the dining room he assured us he would cover he hasn't.

- The waste pipe in the ground for the washing machine, overflows constantly.

- The kitchen sink leaks.

We have reported all this to him, continuously and he does nothing.

He put the rent up 50 a month, we had no choice but to agree because we couldn't move, even though he was told hes asking too much by his agent, its not worth it

 

[special_kala]

How did he put the rent up? There is a specific form he has to fill in. Did he do it when your contract was up?

Speak to your council and ask them to do a inspection

 

[special_kala]

Is your deposit protected? Do you have the certificate? and do you need his reference?

 

[lhancock90]

How did he put the rent up? There is a specific form he has to fill in. Did he do it when your contract was up?

Speak to your council and ask them to do a inspection

Yeah he did and obviously, because we didn't have the funds to move we stupidly signed
Its our own fault really? We shouldn't of signed again.

Is your deposit protected? Do you have the certificate? and do you need his reference?

Yes the deposit is protected and yeah we need the reference unfortunately, but, the letting agent for the potential other house said, if there are frictions with the landlord here he is happy to accept a reference or guarentor from someone else, which we have.

i spoke to a family member who is a judge and he basically said, if we default on the contract and leave before it says we can, the landlord can take us for anything up to when he moves a new tenant in realistically, at worst case, the remaining 11 months


The gasman for the boiler just arrived, in a car, with what i presume is his wife in the front, and a pair of ladders sticking out the boot...he does not look kosher at all!

 

[lhancock90]

The gasman just asked us to google to fault code on the boiler

 

[SarahP13]

By the sounds of it he has already broken your contract. No heating and hot water for a month in winter is 'unreasonable'. That's the word that is key. Landlords have to fix things in a 'reasonable' length of time, give you 'reasonable' notice before expecting entrance to the property, keep it in 'reasonable' condition for the tenants.

I would talk to the agents first and be very assertive. Tell them that his behaviour is unreasonable, he is unreliable and you do not feel safe and comfortable living there with your children. Tell them he has broken the contract (there will be wording in there regarding his responsibilities- and yours) and therefore you are giving notice.

Most things side with the tenant (I'm a landlord so trust me this is true!). The worst he can do is keep your deposit (which you've already offered and he would have to get permission from DPS to do this) or take you to small claims court. The worst outcome from that is that you have to stay to honour the contract and pay the court fees on his behalf (less than £100 so worth the shot?), however you can request mediation before court if he sends court papers and agree to something then.

You could even consider writing him a formal letter saying that if he doesn't accept your notice you will consider taking him to court for ... X,y,x
You would have to have some evidence of loss- electric heaters for when the heating was off, anything you've had to buy to fix/cover things he should have been fixing, time off work waiting for contractors, items damaged by leaks. Bit of a more extreme game to play but worth considering.

I'm not a lawyer so can't promise everything I've said is 100% true but we've had four rental properties for ten or so years and have been to court twice now!

Good luck!

 

[SarahP13]

The gasman just asked us to google to fault code on the boiler

I'd ask for his certificates! Make sure he is qualified.

 

[lhancock90]

Thankyou lovely!
I think the problem is we resigned since the month thing? So i don't think that carries over. BUT atm, he is still being unreasonable.
Its going to take a while for the boiler to be fixed again apparently.. so not hot water or heat still.

x

 

[lhancock90]

The gasman just asked us to google to fault code on the boiler

I'd ask for his certificates! Make sure he is qualified.

Yeah he literally came in, said he doesn't know the boiler or how it works and hes going to go "research it" will be up to sort of a week and a half before he can come do it. He isn't touching it until i see a certificate! Its just insane

 

[SarahP13]

Thankyou lovely!
I think the problem is we resigned since the month thing? So i don't think that carries over. BUT atm, he is still being unreasonable.
Its going to take a while for the boiler to be fixed again apparently.. so not hot water or heat still.

x

I see your point but it shows history. If I were you I would speak to the agent ASAP whilst you are still having problems with the boiler. Tell them you've had enough. Honestly I'd be as forceful as possible, you may not get anywhere but you may worry him enough to want to get some more 'stable' tenants.

 

[hayz_baby]

No advice but I hope you can get this sorted

 

[lhancock90]

Thankyou lovely!
I think the problem is we resigned since the month thing? So i don't think that carries over. BUT atm, he is still being unreasonable.
Its going to take a while for the boiler to be fixed again apparently.. so not hot water or heat still.

x

I see your point but it shows history. If I were you I would speak to the agent ASAP whilst you are still having problems with the boiler. Tell them you've had enough. Honestly I'd be as forceful as possible, you may not get anywhere but you may worry him enough to want to get some more 'stable' tenants.

Thankyou so much! Its so helpful to get your point on it as a landlord I know it seems shitty of us to want to get out of the contract, but, he honestly, is unreasonable and impossible to get hold of when its actually important.

 

[lilyd]

I think you are probably legally tied, but I would still try to get out of it.

I would write to him stating all the reasons why you are not happy with the house. Detail the dates involved and the dates the repairs were done (if they have been) and any unresolved problems.

Tell him that he has turned up to inspect the property without giving notice which is in breach of your rights to quiet enjoyment of your home.

Specify that you signed the new contract because you felt you had no option, but that with the rent increase the property is barely affordable.

Then ask if he will re advertise the property and you will vacate when new tenants are found. As an alternative, you will inform the council of the condition of the property and ask them to come and inspect it (I believe then can force the landlord to do the work).

He doesn't have to let you out of the contract but if you make yourself a bit of a nuisance then he may agree to let you leave early x

 

[lhancock90]

I think you are probably legally tied, but I would still try to get out of it.

I would write to him stating all the reasons why you are not happy with the house. Detail the dates involved and the dates the repairs were done (if they have been) and any unresolved problems.

Tell him that he has turned up to inspect the property without giving notice which is in breach of your rights to quiet enjoyment of your home.

Specify that you signed the new contract because you felt you had no option, but that with the rent increase the property is barely affordable.

Then ask if he will re advertise the property and you will vacate when new tenants are found. As an alternative, you will inform the council of the condition of the property and ask them to come and inspect it (I believe then can force the landlord to do the work).

He doesn't have to let you out of the contract but if you make yourself a bit of a nuisance then he may agree to let you leave early x

Thankyou xxx

 

[SarahP13]

Thankyou lovely!
I think the problem is we resigned since the month thing? So i don't think that carries over. BUT atm, he is still being unreasonable.
Its going to take a while for the boiler to be fixed again apparently.. so not hot water or heat still.

x

I see your point but it shows history. If I were you I would speak to the agent ASAP whilst you are still having problems with the boiler. Tell them you've had enough. Honestly I'd be as forceful as possible, you may not get anywhere but you may worry him enough to want to get some more 'stable' tenants.

Thankyou so much! Its so helpful to get your point on it as a landlord I know it seems shitty of us to want to get out of the contract, but, he honestly, is unreasonable and impossible to get hold of when its actually important.

No prob, hope it helps. We've had some really crappy tenants and it is so hard to do anything legally. We currently have a tenant that has not paid for three months, there are so many steps we have to go through before we will get our money- and that's with two other tenants being co-responsible for the rent and him having a guarantor! Meanwhile we have to find the money to cover the mortgage.

One tenant ruined a leather sofa of ours, it was ripped to shreds by his cat (every single part of it damaged, gaping holes is several places). DPS sided with the tenant and said it was 'fair wear and tear'. The really galling part is that our contract clearly stated NO PETS! Ridiculous.

Anyway, hope you get yourself out of there. As PP said- be a nuisance tenant, and take notes of everything.