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Lease Question - Do I have grounds to terminate the lease early?

(4 Posts)
theressomethingaboutmarie Mon 16-Jul-07 12:46:10

DH and I moved into a rented flat in late May. When we arrived, the place was absolutely filthy to the point that the toilets hadn't even been flushed (there was urine evident in each). We complained to the letting agent who admitted to a mistake somewhere along the line. They sent a cleaner in on the 17th of June (we'd long since cleaned everything we could due to it being just vile) who cleaned the windows and the carpet.

We complained about one of the loos making a really loud noise when you flush it (the noise goes on for about 15 mins and disturbs other residents) on our first day. Nothing was done about it. I complained again a week later and nothing done. I then rang the landlord directly on the 1st of June who promised to get it looked at. I rang him again last week - still nothing.

The boiler was broken for our first month and the second bathroom was unusable due to heavy mould on the walls and ceiling (I'm 28 wks pg so didn't want to risk breathing in something nasty). The smaller bathroom still has mould on the walls and a small leak from the shower cubicle.

We are on a 12 month lease with a 6 month break (with 2 months notice). Given all of the above, it's clear that neither the landlord nor the letting agents give two hoots. I've done some reading and believe that the landlord is in breach of section 11 of the landlord act 1985 which requires that they keep in good working order the boiler and loos (amongst other things). Am I within my rights to terminate the lease early due to his lack of adherence to the contract?

goingfor3 Mon 16-Jul-07 12:49:02

Did you look around the place before you decided to let it? If all of these problems were evident before you moved in I don't imagine you could do much but did they do a boiler saftey check as this has to be done yearly and if not then they could be in breach of contract.

theressomethingaboutmarie Mon 16-Jul-07 12:51:59

We did look at the place but hadn't seen the extent of the filth (or looked down the loos ). We were assured that the bathrooms would be dealt with prior to us taking possession of the place.

Also, we didn't run the water or flush the loos so those issues weren't evident. They claim to have carried out a boiler safety check in March of this year....

goingfor3 Mon 16-Jul-07 13:19:22

If you had in writing they would clean the place before you moved in and sort out the problems then you would be okay. A simialr thing happened to us, we were told the sofa would be changed and some of the furnitiure removed, it wasn't done and there was nothing we culd do as we had signed the contract. It's a harsh lesson and a mistake you will never repeat again, we didn't we bought our own place after our bad rental experince and opened and closed all of the windows and ran the taps, flushed the toilet and anything else we could think of.

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