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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took out a tenancy on 30 Nov. This is residential

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Hello, I took out a tenancy on 30 Nov. This is residential property through a letting agent. Since the 12 Dec, I have had no hot water, the letting agent nor landlord are being forthcoming in getting this fixed.
I have taken out a 12 month lease.
Rent is due again on 30 Dec
Would I be within my right to only pay percentage of rent, terminate contract to leave on 29th Dec without any penalty clause being implemented?
Hello my name is ***** ***** I will help you.
Does the agreement allow you to reduce rent at all?
Customer: replied 2 years ago.
Not sure
Ok, if it does not allow you to do so and you need to check then you can't. This would lead you to breaching the tenancy and being evicted.
However under S. 11 of the Landlord and tenant Act 1985 states:
Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
So the Landlord has an obligation for hot water. So whilst you have a claim for breach of contract you can not reduce or set off rent.
You can certainly sue for breach of contract and would have a claim, but if you reduce rent you could be evicted.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
that if fine thanks, ***** ***** if I go down breach of contract, then I would be able to terminate the contract early, without any penalties to pay?
Yes, if it continues like this when its cold.
Does that clarify?
Customer: replied 2 years ago.
Yes, you are saying if the water remains cold, then they are in breach of contract, then I can terminate contract with out penalties.
Thanks for your help
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Alex.
Following your guidance we wrote to the agent, explaining the breach of contract, giving them a further 2 days to get it fixed. If not done will be terminating contract. Just in the process of writing termination letter, will be moving out on 29 as rent due again in I still remain without hot water.
I have another quick question, should I have been given the landlords address/telephone number when requested.....I was told this could not happen as the agent was acting on his behalf.
Thanks Llwyd
The landlord should give you an address yes, by not necessarily a number
Died that clarify?
Customer: replied 2 years ago.
Thanks for your help!
Customer: replied 2 years ago.
Hello again
As you may recall I have had not hot water since 12 December, I have terminated my contract in writing and handed the keys back to the agent today. They refused to sign for these, as they are saying this would mean they are accepting my termination of contract for which they aren't willing to accept. I have explained due to breach of contract, they are obliged to accept without any penalties, but they are stating I am still liable for rent due tomorrow.
I have suggested they discuss with their legal dept, but is there anything else you suggest I can do?
Thanks Llwyd
Just post the keys back and move out. That is all you need to do. They are in breach of the law.
Customer: replied 2 years ago.
Thanks for all your help
Customer: replied 2 years ago.
Hello Alex
Sorry to bother you again.
In our last correspondence you explained to me that as there had been a breach of contract, I would not be liable for any penalties for terminating my contract with the letting agent due to the lack of hot water etc
I have this week received a call from the letting agent asking for rent from the 30 December, when I terminated my contract on the 29th.
In addition to this I have received a letter stating that I am liable for rent until a new tenant can be located and that there will be an additional cost of £298.00 for the land lord re letting fee (I have tried to attach the letter but appear to be having problems with the add file tab on this website)
In the letter they have also explained why the boiler was not fixed which does not fully outline the correct timeline, what happened
I know they advertised the flat again on the rightmove website on the 29th Decemeber, knowing that the hot water was not working and has had another let agreed.
Can you please advise me on how to proceed - feel this is escalating and really unsure what to do!