Landlord issues

[DumbledoresArmy]

We've requested a surrender within our fixed term tenancy but the landlord is not responding to us.
The estate agent keeps fobbing us off.
So we don't know what to do?

We've always paid rent on time. Really look after the house.
6 months ago we reported the windows broke upstairs. None open due to old age.
There is damp in the bedrooms, that has been there since we moved in over a year ago & we were told it would be sorted but nothing has been done.
So we have a fire risk upstairs & damp.

The heating broke last year. Reported that, they fixed it reluctantly saying it was unnecessary call out...

We've bought a new house as fed up with nothing being fixed etc. Hence the request to surrender.

I'm worried as they're not responding!!

First things first, you're paying to live in a dump with health and safety issues, contact your local authority's environmental health department and report the windows and damp (plausibly, there is damp due to lack of ventilation) but, before you make the report, drop Agents and LL an email that you intend to make a complaint to EH, that should, if anything, light a rocket under their arses and get them to acknowledge your request to surrender.

Then, I'd make the complaint anyway, so the next individual who rents the property won't get screwed over by a crap agent and LL.

If you're in a fixed term tenancy you can only end the tenancy early if there is a break clause that allows you do so or as you have tried- by mutual surrender.
If the LL doesn't agree there is nothing you can do and you will be liable for rent until the end of your fixed term or until the LL re-lets the property (if that is sooner)
Unless you have some leverage to negotiate. (ie if your belongings have been damaged due to damp etc - you could explain that you will take the LL to the small claims court for compensation but will settle for a mutual surrender for example.
Or you will contact environmental health to come and inspect the property and they may order him to do the repairs.... they may prefer to allow you to leave than do either of those things.

Otherwise, the issues you have mentioned are irrelevant in this situation. You would need to address these separately by contacting EH at the council.These issues do not legally get you out of the binding contract you signed.
I know it sucks and feels unfair though.

You've bought a house? Easy peasy then, just stop paying rent. I think you'll find that not only eill they get back to you, they'll suddenly be eagar for you to leave.

I'm sure they would soon be in touch when I don't pay rent.
But then they'll go off breach of contract etc.

When does your tenancy end?

October the tenancy ends. We're trying our hardest to get a response but there's excuse after excuse.

What does it matter if they come after you for breech of contract? The veryworstthat can happen is you have to pay them the rent that you are paying now. What will actually happen is that they start eviction proceedings and then you let yourself be evicted.

Barbarianmum it's really not that simple.
If you're in breach of contract for non payment of rent and get sued, you'll obviously lose and even worse, end up paying the court costs plus their legal costs too, which could very expensive.
I think you're better off starting with reporting the windows as a fire risk and then threatening to sue them for damage to belongings caused by damp. They're more likely to consider your surrender request more seriously at that point.

I assume you can't just sue someone though? I expect there would be notices/letters before requesting money? Court would normally expect all steps to have been made beforehand wouldn't they?

Most landlords usually serve a S.21 notice for non payment of rent.

I have still heard nothing from them.

demand address of landlord- legal entitlement.

read your how to rent. all legals in place? deposit protected? if not you can use as a bargaining chip.

if you stop paying rent then they will take you to court - either county or small claims and get an order for you to pay. this will either be an attachment to earnings order or an attachment to your new property (if you refuse court demands to just pay up). i think this is likely to come up if you ever want to borrow money or get anything in finance (though i could be wrong). You would also have to pay costs. plus of course you would lose the deposit from the payment protection scheme

So they're entitled to just ignore us so we don't know either way if they agree a surrender?

Yes, they can ignore and you must assume they do not agree to an early surrender.

Do report to the council, get EH to come out and have a good look.

Its's S8 for arrears, S21 asks to end a tenancy. Without a break clause your LL can't serve S21 before August!

Don't stop paying the rent. That'd only hurt you. How are you contacting them? Send 2 snail mail letters, 1 with and 1 without signature required, track them both, confirm in an email, phone the agent and tell them it is coming.

Offer half the remaining rent in a lump sum, perhaps. But do point out that you will be moving and the property will be empty for X months. They will have various insurances that make that a difficulty for them!

Good luck getting it sorted.

And, as they seem to be less than organised... did you get all the relevant paperwork, gas certs, deposit certificate, smoke and CO alarms etc etc etc?

The landlord is not obligated to enter into correspondence with you about changing the terms of the tenancy agreement after it is has already been agreed.

If you are in a fixed term contract until October with no break clause you cannot just decide to surrender the contract. They will ignore you because you have zero grounds to surrender from what you've said here.

Them being shitty landlords is a different issue.

So I gather a landlord can breach the contract but a tenant can't then?

A landlord can't breach the terms of the length of tenancy during the fixed period, which is what this is about though.

You've been quite naive to think you could just give notice during the fixed term period.

Please answer the questions about the deposit protection and gas safety certificates as they may give you more leverage.

I think that if you request your LL's address, the agent must provide it within 21 days. Check the law, or go to the MoneySavingExpert forum because if they don't provide it, that breaks the law.

I suppose we are quite naive then to think that we wouldn't be forced to stay some where unsafe & unhealthy.

I thought a Tenant was entitled to request a surrender?

If you have evidence of your many attempts to contact them and he lack of maintenance done then just stop paying rent - they are in breach of contact first and you are entitled to withhold rent for a substandard service.
Get lots of evidence both of communication and of the state of the house!

We have kept a record of all communications. Also took photos.

Be very wary of posters advising you to 'just stop paying rent'. It will rarely help you in these situations and may have longer term implications (as a pp has pointed out, you could end up with court orders and CCJs registered against you, which will affect your credit rating and may make it extremely difficult to remortgage in the future). Your best bet in this situation is to negotiate. Can you assign the tenancy if you find a suitable assignee?

We're trying to negotiate but. I response from owners!

You are able to request a surrender and they are able to say no to it.

Get environmental health round to the maintenance issues, they are totally unrelated items