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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Our tenancy runs out in 2nd May 2015. The landlord has not

Resolved Question:

Our one year tenancy runs out on 2nd May 2015. The landlord has not done any repairs which were reported 6 months ago as soon as we moved in (eg. lights flickering, unable to use lights in whole of ground floor plus more). On 20th October, the coving fell off the ceiling in the master bedroom narrowly missing our heads, we were lucky not to be seriously injured whilst sleeping.  The coving is 4 metres long, sharp and heavy.  We identified that other covings were also loose. We therefore gave our notice to the agent on the 29th October 2014 stating that "we have decided to vacate the property following a narrow escape from serious injury"because we felt that our safety and well-being were at risk in this property. We also indicated in the notice that the landlord had not followed through on his obligations to complete earlier repairs for many months. A day after this, the agent said that the landlord would organise for a carpenter and electrician to address these issues and that all covings would be consolidated. Unfortunately, not all covings were checked and the coving in our youngest child's bedroom still wobbles and could fall at any moment. Other repairs have still not been done.  Yesterday, the agent advised us that the landlord has not agreed to our request for early release. The landlord has not tried to look for new tenants since our notice.

We want to move out on our rent date - 2nd January 2015. What are our rights?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What does the contract say about termination please?

Customer:

1.1 Any notice to be served on the landlord by the Tenant must be served in writing.

Customer:

1.2 The notice period must be for a minimum of one calendar month to end no earlier than the last day of the Term of the Tenancy.

Customer:

1.3 At least one month prior to the expiry of the Term specified on the Particulars the Tenant shall give Notice to the Landlord or the Landlord's Agent specifying whether or not the Tenant will be vacating at the end of the Tenancy or whether the Tenant seeks an extension or renewal of the Tenancy

Customer:

4.1.1 Breach of Agreement - or, if there is a breach of any agreement or provision of the Tanancy Agreement on the part of the Tenant or,if the property shall without consent of the Landlord be left vacant for more than 14 days

Customer:

4.1.2 Breach of Agreement - if any of the Grounds listed in Schedule 2 of the Housing Act 1988 as amended by the Housing Act 1996 apply.

Customer:

Termination - The following clauses set out the ways in which this Agreement may be brought to an end by either party and should be read in conjunction with the attached Tenancy Particulars. In addition, these clauses set out the procedures which the tenant or Landlord shall use when the Tenancy is brought to an end.

Customer:

Sorry, but this web page keeps sending all my points every time I press enter. I cannot send a couple of paragraphs which has kind of messed up the chain. I wish I could edit but I cannot now.

Customer:

There are many areas listed as "obligations of the landlord" and "safety regulations" which the landlord has not adhered to.

Alex Watts :

Thank you. If you can show there has been a fundamental breach of contract, that is a breach or breaches are so serious then you can move out. HOWEVER you must show that it has destroyed the very trust between the parties because any breach is so severe. There is one problem though, if you want to claim this you must act straight away.

Alex Watts :

If you wait some time then the Landlord could argue you have affirmed the breach, or agreed it. The longer it goes on the harder it is to claim a fundamental breach of contract. Thereby if you are going to claim this breach you need to act sooner rather than later.

Alex Watts :

But if it is a fundamental breach then yes, you can leave early.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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