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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19451
Experience:  Solicitor
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I have left my tenancy a month early after seeking to

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I have left my tenancy a month early after seeking to surrender the property early due to disrepair of the property that was impacting my mental and physical health. I contacted the estate agent on May 13th and the landlord refused to answer which is symptomatic of wider failings to address damp, a fault boiler over 26 years older that required 5 call outs to be repaired and a leaky toilet waste pipe. After ignoring my messages I am now being asked to pay another month’s rent abs none of my complaints have been acknowledged. Please do advise.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Hopefully, we can get this resolved quickly.

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Now let me just take a look and your question and I will see if I can provide an answer for you.

11Repairing 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.

[F1(1A)If a lease to which this section applies is a lease of a dwelling-house which forms part only of a building, then, subject to subsection (1B), the covenant implied by subsection (1) shall have effect as if—

(a)the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and

(b)any reference in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—

(i)forms part of any part of a building in which the lessor has an estate or interest; or

(ii)is owned by the lessor or under his control.

As such the Landlord has a legal obligation to repair.

If they do not it is breach of contract. As such you do not have to pay the sums requested.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 11 days ago.
Thank you. With regards ***** ***** vacating the property a month early and the landlord not acknowledging my request, what are my rights?

You simply let them know and that's it. There is no further notice needed.

I hope that helps.

Customer: replied 11 days ago.
Because of the disrepair? There is a charge attached to surrendering the property early but again I have had no reply. Sorry to keep coming back but I just want to make sure I say the right thing! I have not requested my deposit back.

Correct. Its breach of contract because of S.11 disrepair.

I hope that helps.

Customer: replied 11 days ago.
Thank you very much Jamie!

My pleasure

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
Hi Jamie,It's me again.


Customer: replied 7 days ago.
I am still having difficulties with the estate agent. Please see below. Have I phrased something incorrectly?
/Users/sodunlami/Desktop/RE_ Vacation of Flat***** SE1 6RW.rtfd
Customer: replied 7 days ago.
As previously stated the landlord is in breach of the tenancy agreement, specifically S.11 disrepair [ has failed to keep in repair and proper working order the installations in the dwelling-house]. The disrepair has had an adverse impact on our mental and physical health.
Please see the below outline of Residential Realtor’s dereliction of duty with regard to the state of disrepair of the installations in question, namely the boiler and the toilet waste pipe:The waste pipe was clearly faulty from the day we moved in. We realised upon moving in that the resulting odour emanating from the toilet due to the fault was purposely masked at the time of viewing by the use of room scents. We spent many hours trying to locate the source of the bad odour that penetrated the whole property. As I pointed out when first assessing the situation, this fault with the pipe is a serious issue and can be hazardous to health. The issue was addressed by a temporary fix completed by one of Residential Realtors contractors and on being reported again on 27th April, was not acknowledged until 27th May at which point Residential Realtors had been made aware of our desire to vacate the property. On the form completed to report the issue, the website states that this disrepair is something ‘that should be repaired as soon as possible normally within 24 hours of notification..’Yet it was not until the 27th May, that I began to receive a barrage of phone calls demanding access to the property which we were unable to give, due to the sensitive nature of the work I was completing online whilst working from home.The boiler has been attended to on at least 5 separate occasions, the first occasion being less than a week after we had moved into the property. We were left without hot water and heating for a number of days during the height of winter. Each engineer who attended stated: the repairs they made were temporary fixes as the parts were obsolete and that the boiler needed to be replaced [the boiler is 26 years old]. Engineers were shocked to find such an old appliance still in use and were clear that we should expect to have to call them about out repeatedly until it was replaced. We clearly communicated this to Residential Realtors after each visit. On one occasion, in attendance at the property the landlord stated that the cost of the replacement was too expensive to replace immediately. Jay at Residential Realtors, stated that despite numerous attempts to encourage the installation of a newer model, the landlord had refused to replace it because of the cost. This was despite being aware of the interruption this caused to our working day being confined to the house.The brief overview provided above demonstrates Residential Realtors and the landlord’s clear knowledge of the disrepair in the property and negligence to their duty. This is a breach of contract which therefore voids our need to pay for any sums requested.
Customer: replied 7 days ago.
Dear Stella,
You are within your rights to complain to a redress scheme.
However, I would like to highlight, that although you had reported the problem again regarding the waste pipes on 27.04.21. The report was sent to the landlord and on the same day. By 30th April the landlord had spoken to the council who suggested there maybe a build up on the communal stack pipes and council would attend the following week. I had spoken to you on the phone to pass this message and followed up via email confirming whether someone form the council has attended on 10.05.21. we did not leave this till 27.05.21.
The deposit will be released in accordance to the tenancy ending.
I’d like to remind you that your rent is now over due by 4 days. Please can you settle this asap.
Customer: replied 7 days ago.
To be clear nobody from the council attended, no framework was given and no work has ben completed.

Just issue proceedings for damages.

Get the compensation you deserve

Do it tonight