Help! I desparately need to get out of a fixed term tenancy early - any ideas?

[AnarchyAunt]

We rent privately, and our current house is in an appalling state. We've been here 2.5 years and the landlady had basically refused to do anything - roof leaked for 18mths and she didn't get it fixed util the bathroom ceiling fell in, windows are on the verge of falling out as the frames are rotten, rotting kitchen units that are collapsing, doors don't fit/have missing panels, no central heating or boiler (she has refused to sign the forms to get a free system fitted through WarmFront), and we recently discvered she had been doing electrical work herself and made a potentially lethal mistake in the shower

Have had the council inspector round, who said the house does not meet Decent Homes Standard. This was a month ago, but still no word from the landlady about when she will do the work that has been ordered by the council.

So I want out. Have found the perfect house round the corner, same size and layout as mine, same rent, prepared to accept Housing Benefit, has a cast-iron woodburning range!!! But they want a tenant from early Jan, and my fixed tenancy runs til the end of March I can't afford to pay two lots of rent, or risk losong my deposit by just upping and leaving, so does anyone have any idea if I can get out of it on a technicality? Was wondering if she is in breach of contract maybe?

Anybody?

Have you tried calling Shelter?

Sounds like you have a case against her.

Maybe try the CAB?

Will try Shelter, thanks. I need to find a way out very fast if I am going to be able to get this house, otherwise will have to wait til March and hope for the best.

From googling I have found that the only way out is by agreement with landlady - unlikely as if I move out she can't re-let property til the work is done, and some of the grants she can get are dependent on my being there (ie the WarmFront - as I am on IS/HB)

If the council has condemned it then surely you can move out. Was there any agency involved with the let? If so, I would have them round to inspect. Could you just stop paying rent so that she evicts you come January and your deposit will cover missing rent?

Tbh, I think you have pretty good case for paying very reduced rent as it is but I'm no expert.

Don't pay the next months rent, but keep it in an account on stand-by.

Tell her unless she fixes the problems within the next month you are witholding the rent.

That basically gives you your deposit back.

Whether or not this is legal I couldn't say, but I have heard it done.

I'd also speak to the Council and CAB though.

Hmmm. The deposit is 6 weeks rent, to stop people not paying the last months rent iyswim. And we pay a month in advance too, so to recover it all I'd need to keep back 3 months rent and I don't have 3 months! Also I need a reference from the agent so am loath to stop paying.

The agent is shite tbh. He is not paid to manage the property, only to find tenants and do paperwork, and he appears not to give a hoot about the state. He does know, as I have informed him.

The council have not actually condemned it - its fit for habitation but not 'Decent'.

Am hoping to get her on breach of contract but think I need an expert to look over the agreement etc.

Oh, and because it is Housing Benefit, i would be in trouble if she reported me to the council for non-payment - I'd probably have to pay it back to them. They will not get involved in landlady/tenant disputes over deposits.

Do Not withhold your rent, that is the worst thing you can do.

Get advice from shelter.

Did the council give you a report or anything in writing?

why can t you go to the housing officer and explain..surely theyll understand and happily move you

God, that's awful isn't it? Not only do you have to live in a dump, its a dangerous one.

I think the CAB is the best port of call.

does this help?

advice from Shelter

They sent me a copy of the letter they sent to the landlady - it orders her to start a schedule of work (new windows, doors, full controllable central heating and a boiler) within 28 days, as the house does not meet the Housing Health and Safety Rating Standards. 28 days is up on monday, and no word from landlady.

I will be phoning Shelter first thing monday morning.

bambi06 - lol. I haven't got a hope in hell, basically. The most they will offer us is a B&B 5 miles away.

if she is ordered by the council to do the work adn she hasn't, follow up on it with them.

They have the power to then carry out the work and bill her for it.

Contact them on monday if she hasn't started at all by then as well as shelter. They should follow up anyway, but I would be on at them to check.

try posting on www.landlordzone.co.uk/forums There are experienced people on there who give free advice.

Would you be entitled to legal aid? Might be worth going to see an experienced property solicitor to find out if they can get out of the contract early.

Pah - landlordzone won't let me register. Will trawl through for similar situations though, thanks

Hoping Shelter will be able to advise for free, but will consider a solicitor if not. I've had enough of this house, its bloody freeeeezing, damp, draughty, rattly, and now we discover dangerous too