Another tenant wanting to leave early

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    Another tenant wanting to leave early

    Dear all,

    I would appreciate it if anyone could give me some advice or point me in the right direction.

    I am currently renting a property and I would like to leave early due to the landlord not carrying out repairs and generally being awkward. The landlord has supplied fixtures and fittings and the property is fully furnished. Most of these issues would not be grounds to terminate but I wanted to show that there was lots of issues.

    I have had the following issues:

    1)Washing machine rattling when spinning from point of moving in; still outstanding. Contract states that landlord will 'keep in repair and proper working order all mechanical and electrical item belonging to the lanlord'

    2)Gas boiler had water leak; we had to liaise with British Gas directly and arrange service visit and take time off work to wait in for engineer. He advised that Gas boiler had not been serviced since February 2007 but we moved in on the 9th May 2008.

    3)Gas Safety Certificate expired on 20th August and despite several reminders is still outstanding (no proof it has been done yet). Apparently this has been done but still waiting for our copy. If it was done it was after the renewal date

    3)Plumbing is noisy when hot tap is turned on; need to turn on cold tap in bathroom to eliminate. Issue still outstanding

    4)Radiators upstairs heat up when the boiler is running for hot water only, even though the heating is switched off. Told that this kind of system ‘always does that’ implying that we were stuck with it, but it can’t be that efficient if gas is being consumed to heat up radiators unnecessarily.

    5)Windows stuck fast following painting. Visit by decorator failed to resolve, . Follow up visit requested. In the meantime cannot open any downstairs windows and now the weather has turned colder, each morning the windows are running with condensation. Issue now mainly resolved

    6) Lock on downstairs side sash window is faulty, preventing the window being opened easily. Only ventilation from a extractor hood

    7) Not supplied us with a copy of his insurance as per the contract.

    8) Electrical items not PAT tested.

    Any suggestions from anyone would be much appreciated. We have two months left on the tenancy.

    Mark

    #2
    The gas safety cert is the biggy. Did an engineer actually call out?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      The law is very clear here. In the absence of a provision in the tenancy agreement (and I have never seen such a provision in a tenancy agreement or lease) a tenant does not have the right to bring a tenancy to an end early on account of a landlord's failure to comply with his obligations. The tenant's remedy is to sue for damages and/or an order requiring the landlord to carry out his obligations.

      Comment


        #4
        If there is no gas safety cert in place, the tenant could argue the property is uninhabitable. On the rest of the terms, I agree wholly LC.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


          #5
          Originally posted by markpnotts View Post
          Dear all,

          I would appreciate it if anyone could give me some advice or point me in the right direction.

          I am currently renting a property and I would like to leave early due to the landlord not carrying out repairs and generally being awkward. The landlord has supplied fixtures and fittings and the property is fully furnished. Most of these issues would not be grounds to terminate but I wanted to show that there was lots of issues.

          I have had the following issues:

          1)Washing machine rattling when spinning from point of moving in; still outstanding. Contract states that landlord will 'keep in repair and proper working order all mechanical and electrical item belonging to the lanlord'
          If it is working the L/L has no obligation to replace it

          2)Gas boiler had water leak; we had to liaise with British Gas directly and arrange service visit and take time off work to wait in for engineer. It is normal pratice for the tenant to wait in for tradesman He advised that Gas boiler had not been serviced since February 2007 but we moved in on the 9th May 2008. It doesnt have to be serviced (not very clever not to though) as long as it it safe and has a safety cert
          3)Gas Safety Certificate expired on 20th August and despite several reminders is still outstanding (no proof it has been done yet). Apparently this has been done but still waiting for our copy. If it was done it was after the renewal date You are supposed to have a copy of it

          3)Plumbing is noisy when hot tap is turned on; need to turn on cold tap in bathroom to eliminate. Issue still outstanding L/L is under no legal obligation to fix noisy plumbing (depends how noisy)
          4)Radiators upstairs heat up when the boiler is running for hot water only, even though the heating is switched off. Have you tried turning them off at the valve at the side of the rad? Told that this kind of system ‘always does that’ implying that we were stuck with it, but it can’t be that efficient if gas is being consumed to heat up radiators unnecessarily.

          5)Windows stuck fast following painting. Visit by decorator failed to resolve, . Follow up visit requested. In the meantime cannot open any downstairs windows and now the weather has turned colder, each morning the windows are running with condensation. Issue now mainly resolved

          6) Lock on downstairs side sash window is faulty, preventing the window being opened easily. Only ventilation from a extractor hood Except when the window is opened (with differcaulty)
          7) Not supplied us with a copy of his insurance as per the contract. I dont think he legally has to even if it is in the contract

          8) Electrical items not PAT tested. Dont need to be

          Any suggestions from anyone would be much appreciated. We have two months left on the tenancy.

          Mark
          Yes you do have a number of issues but i see the only way out is to wait until the end of the tenancy

          Comment


            #6
            Doesn’t sound like a week at the Hilton, but not really grounds for breaking the tenancy agreement. Stupid question, but have you asked if you can leave early? If the landlord agrees, then you have a deal.

            Maybe a letter hinting at the fact that you do not have a copy of the GSC means that the LL could face a fine or imprisonment, or worse if there is a gas leak? Perhaps he would like a little time to get all these issues sorted before the next tenant occupies?

            Otherwise, you will just have to sit it out.
            lettingaproperty.com
            Nationwide Online Letting Agent
            0844 567 0578

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