Can T end AST on medical grounds (anxiety attacks)?

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    Can T end AST on medical grounds (anxiety attacks)?

    i am currently letting a property 12 tmth AST 6 month break clause,

    i let the property with my 2 year old son and also work full time, i suffer quite bad with anxiety and panic attacks. before moving in to the property i spoke with letting agents numerous times as my anxiety is bought on with fear of being attacked and with the property being on ground floor and mid terrace backing on to gardens also mid terrace need to confirm safety of property as i am on my own need to reduce risks of of having panic attacks

    i was informed that nobody could access this property unless they came from the immidiate surrounding properties (assumed this information came from landlord as i had asked letting agents to check) since moving in i have found it there has been numerous breakins and that sumone on the run was hiding out at the back of my garden in my shed now im a nervous wreck have had numerous panic attacks since my naeighbour informed of this information and now my child and i are having to stay at my mothers due to me being so unsettled and on top of this

    the works that need to be completed in the property is unbelievable, the raidiator nobs are broken the hadles on the windows have fallen off as they wasnt attached properly the kitchen worktops have not been screwed in, and she has left screws poking out of floorboards i have requested manageing agents complete the work but 2 months on i have chased and still no answer. then on top of all of this the neighbour upstairs is sooooo noisey when i do stay in property would am not able to sleep anyway.

    basically i am paying £825 per month for the above i am only 2 months into tenency is there anyway i can terminate this contract i am amble to provide proof of anxiety from doctor

    #2
    No, your anxiety attacks themselves do not entitle you to go back on your word and escape your obligations.
    However, you might have grounds for termination of the Tenancy if you can prove that the premises are unfit for human habitation. Are they?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      not even if the medication i am pescribed affects how i am able to care for my child, work and basically live day to day life my anxiety is not a mild form i can be signed of work for weeks if i have to put on heavy sedatives and have previously been hospitalised for this condition in the past when it has got bad.

      is there really no grounds to terminae if property is affecting my health and well being (really this is true)

      Comment


        #4
        Jeffrey is right - although we may sympathise with your medical situation it is not relevant to the tenancy. Indeed, if the medication you are on is so strong that it affects your ability to look after your child, then you have much bigger problems to worry about than a loose knob or two.

        However - if you can prove that the property is unfit for human habitation then you might have a get-out.

        I would:
        1) Have a word with the housing officer at the local authority (maybe get him to come round if you can handle that) to discuss your problems & seek advice
        AND
        2) Start to make preparations to leave and take advantage of the 6-month break clause in your tenancy.

        You might also look at this with regard to your noisy neighbours: http://www.direct.gov.uk/en/HomeAndC...er/DG_10029682
        And this regarding property repairs:
        http://www.landlordzone.co.uk/forums...ad.php?t=22209

        Comment


          #5
          Have you approached your landlord requesting that you mutually agree to terminate the tenancy, citing the anxiety/health problems you are experiencing?

          If you have to go through the agent, insist that you'd like to contact/speak to the LL directly. Appealing to him personally may mean he can help you reach an agreement.

          Make sure if you approach the LL you mention that you would only terminate the agreement by mutual consent and not unilaterally.

          Comment


            #6
            i am not as worried about the works that need to be carried out as i am the anxiety attacks i have talked with the letting agents who have urged me to try and stay a bit longer, i am just a bit upset as my anxiety was explained before taking the property on and explained in great lengths what triggers my attacks and they advised there was nothing to worry about as nobody was able to access the garden but obviously was not true so am not sure who is at fault for the miss information but they was clearly told if the back garden cold be accesed i could not take the property on.

            i will try and contact landlord direct and see if we can come to some sort or arrangement.

            many thanks for your advise

            Comment


              #7
              My tenant has been causing me anxiety attacks due to the fact that he's not paying his rent... does that mean I can just evict him without notice?

              (not meaning to come over as flippant, just making a point...)

              Comment


                #8
                Mebbe you should sign the petition.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  It may not be possible to have a back garden that is totally inaccessible to someone who is determined to get into the garden. And I'm even discounting parachutes. However, the agents did say, according to you, that the garden couldn't be accessed except from neighbouring properties, which, I suppose, means that it can be accessed.
                  ASSUME NOTHING - QUESTION EVERYTHING!

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