is there anyway in which i can get out of this tenancy agreement? :(

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    is there anyway in which i can get out of this tenancy agreement? :(

    Me and my boyfriend have just moved into a new flat. We first saw the place about five days ago. We wasn't too impressed but the landlord said that he would do the place up, i.e paint it and clean the place up. It cost £400 a month so we were expecting an at least half decent place. We signed the tenancy agreement before we got the keys, because the landlord ask us to. I know now that we should of waited but we put trust into him. We got the keys yesterday, when we went the place was dirty, they hadn't painted some walls, there was lots of rubbish outside and we had no idea how to work the electric storage heating, or even if they worked (when asked prior to moving in he said they did work). We tried to clean the place up but there dripped paint everywhere and the place is a dump. We went again today optimistic that we could attempt to make the place a home when we discovered fresh rat poo on the floors. The carpet had been chewed and there where holes in the walls. In the kitchen there is also evidence of rats, however we haven't even had any food there yet; we don't have any of our things.
    Im five months pregnant and there's no way i want to live there. Im at the point where i want nothing to do with this landlord, and i just want to go back to my parents home!
    We really want to get out of the contract. Its a 12 month contract, and the when my boyfriend's mum asked the landlord prior to moving in if we could ever move out he said that we 'cant'. But ive heard about a two week period in which you can move out, or if there is anything we can do?
    Thank you for taking the time to read this

    #2
    Once you sign the T contract you are bound to the AST fixed term conditions, there is no 'cooling off' period. You inspected the property prior to signing and unless the LL agreed to certain repairs as a condition of T.......

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      #3
      There is no cooling-off period - you will be liable for the rent for the full 12 months.

      Talk to the environmental health officer at your local council - they will be able to check it out, and if it does not meet the minimum standards, they can make the landlord do what is necessary.

      I am not sure where you are in the country, but £400 a month for a flat isn't much, and although it should obviously be habitable, you are at the less-than-luxury end of the market.

      It would make it easier for others to comment if you could break up your post to make it more readable.

      From the tone of your post, I am guessing you are no older than your early 20s - don't worry, you will get over this, as you go through life you will realise that if you can't get away from a problem, the only thing you can do is knuckle down to get it fixed / make the best of it. What seems like a calamity to a 22 year old, may only be worthy of a shrug of the shoulders to a 50 year old

      Good luck

      Comment


        #4
        If the LL had agreed in writing - ie that it was a term in the tenancy agreement - to carryout the repairs prior to moving in then you would have a legal option to review the tenancy.

        But (I assume) they didn't so as already said you're liable to forefill you side of the tenancy.

        I have to agree with the above, you're at the 'low end' of the market (for sole occupancy) so it's never going to be the Ritz.

        Contact the Environmental Health about the rodents.

        Further to that, if it were me, I'd clean the place up. Block up the holes in the kitchen. Then give it one coat of paint.

        Yes, morally, this should have been done before you moved in and is ultimately the LL's (legal) responsibility but for a weekends worth of work (get your parents and friends to help) it's sorted and atleast you can live in it for the term of the tenancy. It sounds like you will most likely spend a lot of time trying to get the LL to forefill their obligations - all the time being liable for the rent.
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment


          #5
          Read through this
          http://england.shelter.org.uk/get_ad...n_private_lets

          Comment


            #6
            I have to differ with the advice given on this thread. There may be a right to cancel a tenancy agreement under the Distance Selling Regulations depending on whether you met the landlord or his agent prior to signing the agreement and if you signed the agreement in his physical presence or not. Unfortunately from your initial post it appears you did meet the landlord. If this was the case then you do not have the right to cancel under the Regulations.

            Nevertheless, if the LL induced you to enter into the contract by a factual statement that was incorrect (ie 'I will paint the walls and tidy up before you move in') this is a misrepresentation (or, less kindly, a lie), which entitles you to damages and/or the chance to repudiate the contract under common law and the Misrepresentation Act 1967. English law does not, nor should it, tolerate a landlord inducing a tenant into an agreement by half-truths or deceit.

            You should talk to the landlord and inform him that his misrepresentation entitles you to rescind the contract. Have my opinion confirmed by going to your local CAB or law centre and seeking free legal advice. Do not pay any rent until this matter is resolved; your landlord sounds at best dodgy and at worst a crook. In any event the health and safety of you and your baby must come first.
            Disclaimer:

            The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

            Comment


              #7
              You have another course of action. Obviously you need to put pressure on the landlord to do what he said he would do, and presumably if he does not do it, isnt that Breach of Contract as you would not have taken the tenancy if it had not been for his assurances. However if you cant get out of the lease, why dont you advertise the flat for rent and if you find another tenant surely the landlord would release you from your obligation as he would have the rent paid by somone else.

              Comment


                #8
                Don't despair

                [QUOTE=123mcg;288437]

                I'm really sorry to hear about your ordeal. I work for a television company and we are making a new television programme. At the moment we are looking for tenants to film for a taster tape and you sound perfect. It would be grate if you could contact me on info@chocolatemedia.tv and we could maybe arrange to come see your house if you would be interested in taking part in the taster tape. We are also meeting with some associations who deal with landlords and could ask what you should do in your situation. Hope to hear from you.

                Comment


                  #9
                  [QUOTE=chocolatelandtent;288774]
                  Originally posted by 123mcg View Post

                  I'm really sorry to hear about your ordeal. I work for a television company and we are making a new television programme. At the moment we are looking for tenants to film for a taster tape and you sound perfect. It would be grate if you could contact me on info@chocolatemedia.tv and we could maybe arrange to come see your house if you would be interested in taking part in the taster tape. We are also meeting with some associations who deal with landlords and could ask what you should do in your situation. Hope to hear from you.
                  It would be even grater if you could spell 'great', , but sadly I am struggling to believe your claims.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    It would be even grater if you could spell 'great', , but sadly I am struggling to believe your claims.
                    Your doubts are confirmed - there is no such domain as "chocolatemedia.tv" even though there is a UK TV production company called Chocolate Media. Emails to the addy shown will bounce back. The correct email for this user is chocolatetv1@hotmail.co.uk and the use of a free email address would worry me.

                    Domains ending in .tv are, despite their apparent links to the entertainment industry, simply the Tuvalu equivalent of .uk

                    Tuvalu is part of what was the Gilbert & Ellis Islands in the Pacific Ocean.

                    Comment


                      #11
                      You Can get out of tenancy under Supply of Goods and Services Act - or go through HHSRS and force LL to repair. Get your Health workers on side re rats etc. Good luck xx

                      Comment


                        #12
                        Originally posted by Snorkerz View Post
                        Your doubts are confirmed - there is no such domain as "chocolatemedia.tv" even though there is a UK TV production company called Chocolate Media.
                        [...]
                        Domains ending in .tv are, despite their apparent links to the entertainment industry, simply the Tuvalu equivalent of .uk
                        Not actually the case - the domain name is owned by Verisign (see http://www.verisign.tv/about-tv/index.html) although Tuvalu do get a pretty massive kickback in return for parting with it. So in fact it's perfectly above board for a media company to have a .tv domain name.

                        Also, the name chocolatemedia.tv has is in fact been registered by somebody, although the facts that (a) the URL www.chocolatemedia.tv doesn't have so much as a holding page, and (b) the name of the owner isn't even logged with the domain name registry, indicate that it's unlikely to be a kosher company.

                        Comment


                          #13
                          Originally posted by bhaal View Post
                          I have to differ with the advice given on this thread. There may be a right to cancel a tenancy agreement under the Distance Selling Regulations depending on whether you met the landlord or his agent prior to signing the agreement and if you signed the agreement in his physical presence or not. Unfortunately from your initial post it appears you did meet the landlord. If this was the case then you do not have the right to cancel under the Regulations.
                          The Distance Selling Regs wouldn't apply to an AST anyway, regardless of the method of selling I don't think, because an AST is itself shrouded in various legislation (Housing Act, etc), which would outweigh the DSR. Happy to be corrected, but I'd be amazed if this came under the DSR (had the T not met the LL).

                          Comment


                            #14
                            As others have said you potentially have an ability to require the landlord to carry out the works he stated would be done. The difficulty with your claim is evidence. You would need to show that a promise was provided by the LL, and that in reliance on that you entered the agreement.

                            You need to also check the agreement to ensure it does not have a provision excluding any oral representations.

                            I suspect you are bound to the fixed term of the agreement.
                            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                            Comment


                              #15
                              Originally posted by Ericthelobster View Post
                              Not actually the case - the domain name is owned by Verisign (see http://www.verisign.tv/about-tv/index.html) although Tuvalu do get a pretty massive kickback in return for parting with it. So in fact it's perfectly above board for a media company to have a .tv domain name.
                              Happy to be corrected, but I believe Verisign are just a domain registrar, they are authorised to sell the domain names by Icann. Anyone can use the .tv tld, in the same way as I could register a.fr (france) or .it (italy).

                              Also, the name chocolatemedia.tv has is in fact been registered by somebody, although the facts that (a) the URL www.chocolatemedia.tv doesn't have so much as a holding page, and (b) the name of the owner isn't even logged with the domain name registry, indicate that it's unlikely to be a kosher company.
                              I could not find chocolatemedia.tv on the whois at all - can you provide a link?

                              At the time of writing, I attempted to buy chocolatemedia.tv, and was advised that it was under offer to someone else - perhaps the real chocolatemedia?

                              Comment

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