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Rental advice needed

5 replies

MaimAndKilloki · 27/10/2010 15:33

We have been told that our contract is up in February and the landlord is selling up, so we have no option to stay on.

Our flat is not in the best state of repair, large damp patches, holes in window frames etc. So with that in mind, and knowing that the rental market is crap in Jan/Feb (when we are already in a hard to house group - benefits/disabled/with pets) we asked if we could leave our contract early if we can find somewhere - seems the market is good right now.

Landlord has said no as he doesn't want to try and sell over Xmas (which helps us loads [hhmm])

Due to the state of the place do you think we have a case to force the landlord.

Here's some of the problems so far;

  • damp patch by door which is spreading
  • damp patch in living room
  • loose electrics in bathroom (!!!)
  • loose floorboards at top of stairs
  • holes in window frames

All of which were meant to be fixed, but we've now been told wont be as we wont be here much longer.

If we wait till after Xmas we are running the risk of not having a home on Feb. So any advice would be hugely appreciated!

Is there any way you can think of that we can force the landlord to let us loose?

OP posts:
wayoftheworld · 27/10/2010 17:40

Legally NO! You have signed a contract so you will have to respect it. But if he is not being helpfull, than you could try and put preassure for the repares to be done so that you have a comfortable stay. Just because you are no benefits/disabled/pets does not mean that Landlord gets out his responsability.

For you other accomodation you can start looking now with the set date that you have, or contact local councel and see if they have landlords on their books.

Jackstini · 28/10/2010 08:16

How long have you been in - is it your 6 months that is up in Feb if you are on an AST?
I would do 2 things - Firstly start looking now at what is/could be available so you have an informed idea. I would say that the market won't change much between now and early next year anyway, in fact it may be harder now with more people wanting to get in 'before Christmas'
Secondly, push like mad for the problems to be fixed as that is part of the landlord's responsibility to you. How on earth does he think he will sell it anyway if he doesn't?

MadAboutQuavers · 28/10/2010 08:29

The only thing you can "force" the Landlord to do is fix those things that are either dangerous, or infringing your rights to a basic standard of living.
The only thing on your list that could qualify is the loose electrics in the bathroom. It could be endangering your life to have them remain unfixed, put your foot down with him.

Unfortunately though your contract stands, unless you can prove the accommodation is unfit.

I once lived in a flat that flooded for the last 4 months of my contract, and there was no legal respite for me to get out of it early Angry

Start looking now for properties that advertise Feb occupation.

lalalonglegs · 28/10/2010 11:22

Is the contract a rolling one (ie, have you been there beyond the initial term)? If so, you can usually give a month's notice with no penalty.

BigBadMummy · 28/10/2010 11:27

The two things are very different.

None of those issues are urgent or life threatening, they are a nuisance, yes, but not really affecting how you live.

You can end the tenancy early, if you serve the correct Notice as per your Tenancy Agreement. That might only be a month (depending on your agreement) and so you cuold be out this side of Christmas.

Without knowing our situation or what your Tenancy Agreement states it is hard to advise you.

I would say that you make sure you can find somewhere before you serve Notice.

Sounds like you have a few factors against you and it might not be as easy to find as you think.

Dont get into a situation where you serve Notice and then cannot find.

Ignore the issue with things in the property not being right, they are minor and dont start arguing about them.

You want a positive landlord reference for the new place so do your best to continue being good tenants.

I suppose buying the place is not an option?

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