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Can we terminate out tenant contract over this?

(25 Posts)
LIZS Mon 17-Jun-13 07:19:25

Windows and window ledges were filthy as the window cleaner was cancelled 9 weeks before we moved in. The window cleaner told me this.
That is pretty normal and hardly integral to the cleanliness of the property itself. So you had to pay the window cleaner to start again ? confused

^Kitchen cupboards were dirty, i had to wipe them all out before i could put our kitchen things in.

Dog hair was also all over the carpets.^

If it was actually spring cleaned beforehand I'd expect these to be done , however if he only paid for say half a day the cleaner probably ran out of time. Again in any removal you wouldn't expect the cleanliness to match your standards and redoing such as inside of cupboards is fairly typical.

The inventory should be the same as the closing one for previous tenants so keep pushing for it .

Mendi Mon 17-Jun-13 06:41:08

You should take advice from a lawyer, but unless your lease excluded common law rights of termination, I think you could terminate the lease on the basis of what is known as 'repudiatory breach' of contract. A repudiatory breach is an act or omission so serious as to go to the heart of the contract.

You may also be able to terminate for misrepresentation, again depending on the terms of the lease (may exclude the right to terminate for misrep, and/or contain an 'entire agreement' clause which effectively means you are not entitled to rely on the misrepresentation that the property was a luxury property.

You should try and get advice from a property litigator though. Or try Shelter's helpline, they are helpful.

flow4 Sun 16-Jun-13 22:50:04

"I have not seen an inventory, or gas safe certifcate or energy performance certificate despite being promised these by the letting agency." ... I hope you haven't signed a contract?!

GoingUpInTheWorld Sun 16-Jun-13 22:14:28

No didnt take photographs before we moved in.

But we did on the day of arrival.

Windows and window ledges were filthy as the window cleaner was cancelled 9 weeks before we moved in. The window cleaner told me this.

Sink was not plumbed in on viewing but landlady said her husband was doing it that weekend.

Kitchen cupboards were dirty, i had to wipe them all out before i could put our kitchen things in.

Dog hair was also all over the carpets.

formicadinosaur Sun 16-Jun-13 21:55:36

Did you photograph the interior/exterior before you moved in?

annh Sun 16-Jun-13 19:57:23

I don't understand why you moved in in the first place. Although furniture and pictures may cover up some problems, there is no way that the property went from luxury to an overgrown, filthy house in that length of time. Did you not notice that the sink was not connected when you were there? Or that the carpets were filthy and frayed? How did the windows become so dirty in nine weeks?

lalalonglegs Sun 16-Jun-13 19:48:14

That's appalling. Start kicking up a fuss now. They will no doubt try to stiff you when you move out and produce a fictional inventory saying that everythng was fab.

GoingUpInTheWorld Sun 16-Jun-13 19:36:11

I believe an inventory was done, i was told by the letting agency that they would email it over to me within afew days and i have 14 days to dispute it. I havent received it.

specialsubject Sun 16-Jun-13 18:01:00

lack of valid gas cert is illegal. Jump and and down for that. Ditto the deposit thing.

the landlord won't rehouse you - but with luck you can get out and then the problem goes away.

lalalonglegs Sun 16-Jun-13 17:58:51

BTW, was an inventory done? What did it say about condition?

lalalonglegs Sun 16-Jun-13 17:58:14

Start to make a nuisance of yourself. Write every day to agency with minor problems, demand the LL rehouse you during rewire (rewiring is grim, I don't think he'd have much choice). Chances are, hecwill cut losses and find another tenant.

Sunnyshores Sun 16-Jun-13 17:17:44

I dont think you can terminate the contract, the property is still liveable. Or is it with the electrical hazard? Has the house failed the check which although not illegal could be seen as unliveable.

If not, the best you can do is put all your complaints in a letter to the landlord and ask that he lets you leave, or.... rent reduction for the disturbance, repay you for cleaning, something? Also wait 28 days and if he's not protected the deposit the contract is technically invalid.

GoingUpInTheWorld Sun 16-Jun-13 14:33:40

Had verbal permission to decorate, yes pictures have been taken.

LIZS Sun 16-Jun-13 14:28:27

"luxury" is a subjective term , you need to have a clear definition of what is expected (ie particulars), how that has not been met and quantify how you have been misled. Electrical inspection is not a legal requirement unlike Gas. I think they have 28 days to give you the Gas Certificate, Deposit scheme etc at which point the tenancy is invalid if not - check Shelter's website. Presumably you noted the dilapidations on the day or took pictures when you moved in and had permission to redecorate ?

GoingUpInTheWorld Sun 16-Jun-13 14:19:20

I ve posted twice as realised the property sector is alot quieter than chat.

I decorated as it wasnt my colour scheme to match my furnishings etc.

Landlord didnt know about re wiring as ar as i know until the electrician came in.

But why wasnt the check done before we moved in?

SavoyCabbage Sun 16-Jun-13 14:12:15

Totally confused myself by posting on both of your threads!

SavoyCabbage Sun 16-Jun-13 14:08:53

So she would feel better about it as she thought it looked worse than when she looked at it before. Which is often the case as houses do look awful when they are empty. And walls are grubby, you just don't notice it when rooms are full of stuff. 500 pounds though. We just had our whole house done for two thousand.

To be honest, I don't think you can get out of your lease for dirty windows etc. the rewiring thing is a nightmare but it sounds like the ll didn't know about it before.

Goal Sun 16-Jun-13 14:01:17

But why are you paying to decorate a rental property?

WeAreEternal Sun 16-Jun-13 13:54:03

You would have been able to get out of it two weeks ago when you arrived at the property and discovered the problems, but as you moved in anyway that can been seen as accepting the issues and the LLs explanation.

I think you would have trouble getting out of the contract now.
You should have ensured the house was up to standard before moving in.

GoingUpInTheWorld Sun 16-Jun-13 13:53:07

I booked the decorator in before we moved, for him to start as soon as we moved in. I thought if he decorated the living room it would make me feel better about the property etc. as i nearly cancelled him.

Goal Sun 16-Jun-13 13:49:38

I am confused. You viewed a luxury property and between the viewing and moving in it has turned from luxury to a shit tip with in plumbed sanitary ware? Seems rather odd. Also why have you spent 500 pound decorating the living room.

GoingUpInTheWorld Sun 16-Jun-13 13:46:13

It was 9 weeks from viewing it to moving in though.

GoingUpInTheWorld Sun 16-Jun-13 13:45:27

It was fine, however the landlords had a lot of stuff which covered alot of things.

Goal Sun 16-Jun-13 13:43:15

Er what was it like when you viewed it?

GoingUpInTheWorld Sun 16-Jun-13 13:39:16

I ll try to keep this brief. Moved into a property 2 weeks ago, £1000 per month in north west area.

Landlord had told the letting agency that they would get commercial cleaners etc.

Arrived at the property on the moving date and was gobsmacked by what we saw. Property had not been cleaned, garden was over grown, windows inside and out were filthy, carpets had stains on them and are frayed at the ends, every single wall is marked which cannot be scrubbed off, the downstairs sink had not been plumbed in and had tape round it.

Contacted letting agency, explained all the above who contacted the landlords who said they have had commercial cleaner in (all paintwork is filthy) but they did come round to plumb in the sink the next day. No comment was made about any other complaints i had.

Spoke to trading standards who said that as the property is described as luxury, then its mis sold and to send an email to letting agents etc.

I have done this and had no response.

Landlords got a electrician in to do an electrical check a few days ago, the electrician informed me that he had been given a key which i had not authorised. Landlords had given him the key.

Electrian had trouble with the electrics, and left me with no electric all day whilst he sorted the problem, landlord came down to help with the problem, they got it working ok, but make a mess with dust etc, plaster etc.

Landlord informed me there and then that the whole of downstairs needs re wiring and they will have to chisle in the walls downstairs and take carpets up upstairs to get underneath the floor boards. I have just spent 500 pounds have the living room decorated, and now they want to chisle in the walls!!!

We are on a 12 month contract. Will we be able to come out of the contract ? I just want out, the house feels like hell.

I have not seen an inventory, or gas safe certifcate or energy performance certificate despite being promised these by the letting agency.

Can some one please advise me.

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