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Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.
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Thanks for your message. Just to clarify, you have a contract in place until September 2021. But you wish to leave the contract earlier and stop paying rent from June, due to the issues outlined in your email? And you are asking if he can take you to court for the outstanding arrears? Is this correct?
Ok, thank you. I appreciate the issues you are going through and set out my advice as follows.
The bottomline with any issues when it comes to tenancy contract, is that rent is always payable despite the issue. It is a legally binding contract, so to address your question directly then yes you can be taken to court for rent arrears.
However, notwithstanding that, if there are issues you have concerns with then you in turn can take the landlord to court for those issues if it relates to the property and the conditions therein. Section 11 of the Landlord and Tenant Act 1985 provides for certain circumstances when a landlord has a duty to repair a property and, when they do not do so, damages or compensation can be recovered.
Going forward it will be a matter of negotiation, if the landlord wants to offset the outstanding rent payment to your potential claim against him for his failure to abide by the contract, but ultimately if he does not, then he can still sue you for rent arrears I'm afraid
I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.
Yes, if the landlord has breached his obligations, you have a chance to respond but that is outside the tenancy agreement itself which is legally binding. So practically, you could discuss with the landlord that due to his failure to abide by his obligations under the landlord and tenancy act you have a remedy to sue him in court. But you are willing to not do this, if he agrees you can exit the contract early. Negotiate with him and see what he says, then take it from there. Make sure everything is in writing.
Please keep in mind, if the landlord's behaviour is not meeting standards expected you can report him to your local council https://www.gov.uk/find-local-council
If you intend on proceeding and sending the keys, then it would be sensible to do so by regstered post, yes.
Perfect. I am glad I was able to help. Have a great day.