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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice.
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I moved into a rental property on the 30'th April , 2016.

Resolved Question:

Hi,
I moved into a rental property on the 30’th April , 2016. The tenancy is a fixed term tenancy of 12 months with a break clause of 6 months through one of the agencies. The tenancy is in my name only. This is the crux of the problem
a) The property had maintenance issues from the start namely
a. Balcony door handle broken and hard to open the balcony.( informed to landlord on 3’rd may )
b. The landlord did not provide the right key for the post box at the time of move in, initially she said the key should work and than later she told me that it was swapped by some other key and asked me to order. I ordered a new key.( initially informed on 3’rd may)
c. The dishwasher collects water and the water from the kitchen sink comes into the dishwasher even though it is not used.
d. The oven was not cleaned when I moved in and gives intense smoke when switched on. It has not been used till date (informed on 4’th May )
e. The bathroom glass shower door was broken and the water spi
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Want to break the contract and leave with minimum liability . Call on ***********
Expert:  Remus2004 replied 1 year ago.

Ok. So what is your question about this?

I will submit an offer for the call. We can carry on online without any extra cost though.

Customer: replied 1 year ago.
I have given my full condition here, if I am not satisfied by your response than I would arrange a call. Please reply online in great detail and tell me what should I do. I want to break the contract and not continue at this place and want to go with minimum liability.
Customer: replied 1 year ago.
I moved into a rental property on the 30’th April , 2016. The tenancy is a fixed term tenancy of 12 months with a break clause of 6 months through one of the agencies. The tenancy is in my name only. This is the crux of the problem
a) The property had maintenance issues from the start namely
a. Balcony door handle broken and hard to open the balcony.( informed to landlord on 3’rd may )
b. The landlord did not provide the right key for the post box at the time of move in, initially she said the key should work and than later she told me that it was swapped by some other key and asked me to order. I ordered a new key.( initially informed on 3’rd may)
c. The dishwasher collects water and the water from the kitchen sink comes into the dishwasher even though it is not used.
d. The oven was not cleaned when I moved in and gives intense smoke when switched on. It has not been used till date (informed on 4’th May )
e. The bathroom glass shower door was broken and the water spills on the bathroom floor. My girlfriend fell becoz of this and hurt herself. This was informed to the landlady.(informed on 3’rd May )
f. The main cupboard door does not open after closing.( informed on 3’rd May )
g. I have a mental neighbour who shouts in the middle of the night. I have emailed the compliant to the duty manager of my building at least 10 times and showed him the video recording of this shouting. He is alone and talking to himself. He is mentally sick. (informed on 11’th May initially )
h. The landlady left numerous objects which she asked me throw( some pans which are not induction, parts of vacuum and a broken iron). The apartment uses induction cooking pan.
Customer: replied 1 year ago.
Initially the letting agency guys came on 3’rd May and I had sent an initial notice on 3’rd May detailing all the problems. They subsequently sent an email to the landlady about all the maintenance issues.She has sent two times people to fix the problems but nothing has been fixed till date ( 1’st June ). They just came for assessment and nothing was fixed. She says she will let me know when they can come to fix the problem.Also I had sent her Breach of Contract notice on the 16/05/2016 telling them that none of the problems have been fixed and a subsequent Breach of letter on the 23’rd May telling that I would stop paying rent if things are not fixed.Also as the tenancy was registered only in my name the landlady has removed the access of the building access of gym, swimming pool , sauna etc from my girlfriend name and she deactivated her electronic key. She initially gave permission for her to have the key and now that I stopped paying rent , she has revoked my girlfriend’s access saying that she is not on the contract.The apartment would not be usable to me if my girlfriend does not have a separate key and is not allowed to use the facilities in the building.The agency and the landlady duped me into taking an apartment with hidden problems.The landlady has sent a breach of contract letter to me today saying that I would be evicted if I don’t pay. I want to break this and move out. She also has used abusive language calling me a child minder, telling me that she would call the police remove my girlfriend by force
Customer: replied 1 year ago.
DETAILS OF BREACH LETTERS SENT BY ME.
Customer: replied 1 year ago.
THE WHATSAPP CHAT SESSION INCLUDED
Expert:  Remus2004 replied 1 year ago.

What I need to know is what is your question about this?

Customer: replied 1 year ago.
is this automated reply or there is a real lawyer / barrister here. I am asking is how do I break the fixed term tenancy agreement contract in this situation and go out of this apartment with minimum liability.
Expert:  Remus2004 replied 1 year ago.

If this is an AST then you are liable. There is no way of terminating lawfully on this basis. Disrepair is not a ground to leave an AST.

Expert:  Remus2004 replied 1 year ago.

If you leave early then you are liable for the remaining months due under the contract.

The landlord is under a duty to mitigate his loss by seeking a replacement and you would no longer be liable when that replacement tenant is paying rent but you are liable until then.

Expert:  Remus2004 replied 1 year ago.

The points that you make above do not give you grounds to escape an AST.

Customer: replied 1 year ago.
but I have a mental neighbour who is shouting in the night
Expert:  Remus2004 replied 1 year ago.

There is a capacity to claim for disrepair although most of the points you make above do not get over that hurdle either.

I'm afraid that a reduction in rent is not going to be available because you could not use a balcony.

Customer: replied 1 year ago.
there are lot of maintenance issues which were reported from the beginning which have not been fixed.
Expert:  Remus2004 replied 1 year ago.

The neighbour and his conduct does not provide a reason to leave an AST.

A complaint can be made to the council or the police in the normal way.

Expert:  Remus2004 replied 1 year ago.

Yes, you mentioned the maintenance issues. They are not grounds to leave an AST.

Customer: replied 1 year ago.
what I don't pay rent and she evicts me
Expert:  Remus2004 replied 1 year ago.

Most of them are not even disrepair although things like the shower door would provide a claim for the cost of putting it right if you had done so.

Expert:  Remus2004 replied 1 year ago.

Then she will get a compensation order for the remaining months due under the contract until the time that she replaces you with a tenant and you will be liable for costs.

Customer: replied 1 year ago.
as the tenancy is agreed under my name , my girlfriend now cannot use the areas like gym , pool, business center etc, as she has told admin to remove my access. The property would not be usable by me if my girlfriend cannot use and have a separate key. She told me that she would call police and get her removed
Expert:  Remus2004 replied 1 year ago.

I'm not sure what she thinks the police will do.

I suppose that if your girlfriend is not on the tenancy agreement the landlady could start saying she doesn't want her living there.

It doesn't do anything about your liability though if you are named upon the agreement?

Customer: replied 1 year ago.
what I mean to say is that if my girlfriend cannot stay with me and use the premises freely than this apartment I would not be able to stay here.
Customer: replied 1 year ago.
also to remind you that my maintenance issues are pending for a month, even though she says she will get them fixed.
Expert:  Remus2004 replied 1 year ago.

Well, you can stay anywhere you choose.

The fact remains you are liable to pay.

Expert:  Remus2004 replied 1 year ago.

Yes, I understand. That does not affect your liability under an AST. Mostly these issues do not amount to disrepair anyway but even if they were never done that is not a ground to leave.

Customer: replied 1 year ago.
Is there any way out of this apartment with minimum liability
Customer: replied 1 year ago.
I have to leave as my girlfriend is not able to use the premises
Customer: replied 1 year ago.
now that she has disable the electronic key access in the apartment and we have only one key. She says visitor is allowed for few weeks but they cannot use premises without my presence
Expert:  Remus2004 replied 1 year ago.

Yes, you are still liable to pay.

The reality is that your girlfriend is not on the AST and not the landlord's problem and not really yours either. She is responsible for her own accommodation. The fact that she cannot live there is her issue.

It does not provide a ground to leave an AST if you are a named tenant.

Expert:  Remus2004 replied 1 year ago.

The only way to leave if you are intent is to give notice and vacate and accept that you probably will be liable for a few months until there is a replacement.

usually landlord's get one or two months to achieve a replacement.

Expert:  Remus2004 replied 1 year ago.

If they are genuinely looking then a replacement can be achieved in that time.

Customer: replied 1 year ago.
becoz of the bathroom shower glassdoor not closing fully, she fell down and hurt herself badly
Customer: replied 1 year ago.
if I leave with a notice to quit in 1 week, what would my landlady do
Expert:  Remus2004 replied 1 year ago.

Yes, I understand.

As I have said that is not a ground to leave for you and not really for her either.

Had you repaired the door then you would have had a claim for the cost of doing so. It is not a ground to leave.

Customer: replied 1 year ago.
tested?
Expert:  Remus2004 replied 1 year ago.

Sorry?

Customer: replied 1 year ago.
nothing in this apt basically works
dishwasher, oven, cupboard, balcony door broken, water from sink comes into the dishwasher and you are saying that I cannot vacate even they are not fixed for a month
Expert:  Remus2004 replied 1 year ago.

As I have said, these are not grounds to leave an AST.

Customer: replied 1 year ago.
what is a reasonable ground to break an AST, Give me some examples
Expert:  Remus2004 replied 1 year ago.

Well, it doesn't really matter. They don't apply here. That is the point.

Expert:  Remus2004 replied 1 year ago.

There are very few grounds to vacate. A property has to be literally gutted by fire damage or something similar before it is not inhabitable.

These are mostly just minor maintenance issues. The correct remedy would be for you to do the work and deduct from the rent.

Customer: replied 1 year ago.
my deposit is 1.5 months rent, if I leave now she can take it. I am okay with that. but she can come after me for the remaining months of the contract till she finds a new tenant
Customer: replied 1 year ago.
what if she doesn't find a new tenant and shows no initiative to find a new tenant.
Customer: replied 1 year ago.
I am planning to give a notice to quit and leave by this weekend.
Expert:  Remus2004 replied 1 year ago.

She will have to satisfy a court that she has looked for a new tenant and cannot find one.

I'm happy to continue with this but please rate my answer.

Customer: replied 1 year ago.
take the risk as this property is not usable by my girlfriend, now she is my only family and if she cannot use this place than it does not make any sense for me to stay here.
Expert:  Remus2004 replied 1 year ago.

...

Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 1 year ago.

I understand why you may not want to stay there alone.

The fact there is a broken shower door is not a reason to escape an AST for her or for you.

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