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Legal matters

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Really need some advice about our tenancy agreement - desperate!

6 replies

LookAtMeImJennyDee · 27/04/2014 20:57

Hi all -

I know this may be a long shot but just looking for some general advice. As a side note it is just myself and a female friend living in the flat & I am currently pregnant which makes me worry for my safety even more.

It's a long story:

We have been renting our flat since last August and renewed our tenancy contract in January for another six months. Originally I assumed we had a clause in the contract that we could leave with a months notice but it turns out we do not and are liable for the flat until August 31st. The area is horrible and have had to call the police previously for things going on outside. There are 6 flats in the property - 4 of us are on the first floor and the other 2 flats are on the second floor. About a month ago I heard a lot of crashing and banging from the floor upstairs, was about to go up and investigate when a man I'd never seen before came downstairs and said "don't worry its nothing". Turns out both flats had been broken into and when the police turned up they told us that the doors are basically like chipboard, they were never built to be external doors and even the door to the whole building can be opened with a credit card. The policeman said that we should get on to our agency (we have no contact with the landlord, all rent payments and issues go through the letting agency). The woman who runs the agency pretty much does it as a hobby - the office is in her back bedroom and she has the customer service skills of a wasp. We were left without power for over 50 hours in January because she refused to acknowledge the emergency power company and said it wasn't her problem. Anyway, the estate agent left the upstairs tenants without a front door for two days & we have all been shrugged off when questioning the safety of the building.

To make matters even worse, bizarrely, there is a bathroom accessible on the first floor corridor. Apparently the off license down the road owns the key to this toilet which means they give it out willy nilly to their friends/customers and countless times I have bumped into random men in our hallway who've been to use the toilet or just used the corridor as a social club, smoking away. This is why I didn't question the guy who turned out to be a burglar as unfortunately we are use to strangers.
Neither myself nor my flatmate were told about this extra bathroom - we found out once we had been there a while and noticed strange men coming in and out. I would not have moved in if I had known this.

I have been away for a few weeks and it now transpires that chunks have been pulled out of our front door and big chunks of the door frame for our flat's front door have been prised out as tho someone has either been trying to get the lock out of the door or force the door open with something. We have e-mailed the pictures to the agency but I am really stuck as to what to do. We had already e-mailed the agency prior to this to see if we could move out in June and they said as a gesture of goodwill they will put the flat back up to rent. If suitable tenants can be found we are allowed to move out and if not then we are still liable right up until August.

I do not feel safe there at all and I do not want to be there. It is unsafe and I'm uncomfortable leaving the flat empty. I was actually home at the time of upstairs break in and a door that is on the upstairs landing and is parallel to my upstairs corridor (we have a duplex) was also booted. The thought that those men could have got into my flat when I'm home alone there terrifies me.

Anyway I was just wondering if anyone could suggest anything or knows what we could do!?

OP posts:
specialsubject · 28/04/2014 11:36

I hate landlords like this who give the rest of us a bad name.

first - you are legally entitled to the contact details of the landlord, i.e. the person that owns the property. Demand them in writing. Agencies are not regulated at all, and anyone can set up from their back room. Like yours.

now, all this is obviously wrong but it depends how far you want to take it. The fact that you are in a rough area is not a reason to break a tenancy. Nor is your pregnancy relevant, sorry.

Properties do need to be fit to rent, which means (among other things) they have heat, light, power, keep the water out and are reasonably secure. Also; is your deposit protected? If there is gas in the place, is there a current gas safe certificate?

I'm not a legal expert, get in touch with Shelter to see what they say. You may be best just cutting your losses and moving on now - but there may be a reason to break the contract early.

I am very surprised that you renewed the contract for this dump. You certainly should not do so again.

NickyEds · 28/04/2014 12:46

Nightmare. If you want to stay I'd get in touch with Citizens Advice Bureau. Take lots of pictures as evidence and e mail the agency detailing each of your complaints and what you expect to be done. Then explain that the rent will not be paid until you are AT LEAST secure. Demand landlords name and forward the e mail to him. What is the status of your deposit? TBH if I were in your situation I'd stop the rent, start looking for somewhere else and move. If they threaten to take you to court over your remaining liability until August I'd let them. Any judge worth his salt would laugh them out of court if the place is as big a shit tip as it sounds!!!

MooncupGoddess · 28/04/2014 12:51

Sounds horrid. Have you tried talking to the private lettings team at your council?

I'd be careful about following NickyEds' advice to stop paying rent; the issues at the flat are totally separate in legal terms from your liability for the rent, and if you stop paying it they can take you to court (and the state of the flat will absolutely not be a defence).

NickyEds · 28/04/2014 14:36

Only as a last resort. Get in touch with CAB or solicitor and obviously contact them giving them an opportunity to put things right. It may be that the landlord doesn't even know about these things. To be honest if you have details of unanswered, serious complaints, evidence of unsuitable living accommodation and a good record to date of paying rent etc-plus a months notice- I really doubt they'd chase you for the liability.

cestlavielife · 28/04/2014 15:48

SHELTER are best for this kind of thing.
you are best off moving - if six months since Jan give notice now that you will leave. .

TinyDiamond · 28/04/2014 19:59

Sorry to hear this. It sounds shit. Just one tip. Do not tell anyone at all that you left the property empty for a few weeks when you were away (was flatmate there?) This will invalidate your contract, check it now there is usually a clause about not leaving it empty, near the don't sublet bit.

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