Landlord Breach of Agreement

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    Landlord Breach of Agreement

    Hi,
    I am looking for reassurance on the legal side of the matter.
    I have rented a room in a house share and been living there for last 3 days.
    During the viewing I was randomly shown round the house and the room with tenants inside. On the day of moving in, when unpacking and cleaning I was told by my landlord that I can not take the fabric decoration off the wall as it is not really a wall - as it turns out the room is a living room separated by big doors - which were covered by this fabric and a huge wardrobe in the middle.
    Two days after moving in, as the level of noise is to high we decided that we need to move out. Now my question is will I not have problems with getting my deposit back as we signed the agreement for minimum of 6 months?? Pls give me an advice as from my point of view I think the landlord has a legal obligation to show a "special" feature like that to the future tenant or am I wrong??
    Thnan you

    #2
    You are wrong.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Has the deposit been protected in one of the approved schemes?
      What type of agreement have you signed?
      Does your landlord live in the property?
      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


        #4
        Even if you were buying the place, the responsibility lies on your shoulders. If you had asked 'is that a real wall?' (and yes, I know, who would) and the landlord had said 'yes' then you would have a claim, but in the situation you describe, you are commited for 6 months unless you can get the landlord to agree otherwise.

        The HMO officer at your local council may be willing to intervene to get the wall sorted.

        Failing that, what you might like to do (if the landlord will agree) is to get a couple of sheets of soundproof plasterboard and fasten them to the wall to cover the doorway. Won't look pretty, so you'd need to leave the hangings, but should quieten things down for you.

        Comment


          #5
          I'm not sure about this one. I think it is reasonable to assume that if the 'room' was advertised as a room and shown to prospective Ts as such, it was reasonable to assume it had four walls and the usual soundproofing and fireproofing measures associated with proper, solid or stud partition walls. The fact that the LL has tried to disguise the fact that it is just a draped off section of a living room and has not drawn OP's attention to the fact that it was a 'falsie', suggests deliberate concealment to me.

          In the cirumstances I would be kicking up a big fuss, demanding a real wall and if that doesn't materialise in 15 days, moving out. I doubt very much LL would pursue him for breach of contract - the use of large swathes of fabric if nothing else much put him in breach of fire regs in a HMO student property - they would throw the book at him.
          '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


            #6
            I'm still living in the 80's - my bedsit was half of a 'through-lounge' with double doors that separated the two halves. The doors were locked (Well a bit of 2 x 3 screwed into both sides).

            I think the HMO officer may be tedy31's best bet - after the HMO officer has rattled his sword, the landlord may be happy to let Tedy31 go without penalty.

            Comment


              #7
              Originally posted by Snorkerz View Post
              I'm still living in the 80's - my bedsit was half of a 'through-lounge' with double doors that separated the two halves. The doors were locked (Well a bit of 2 x 3 screwed into both sides).

              I think the HMO officer may be tedy31's best bet - after the HMO officer has rattled his sword, the landlord may be happy to let Tedy31 go without penalty.
              Eeh, lad, you were lucky! You had double doors! Bloody luxury. I had double glazing in my bedsit, but a big pane fell off in the night and nearly killed me! Unfortunately compensation did not exist in those days.

              Anyway, in OP's case, I suspect that the HMO office might also be very interested in how many tenants are actually supposed to be living in this property and whether the LL had planning permission and/or building regs to create an extra bedroom.
              '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


                #8
                I was thinking more that they were actually a Lodger so could effectively just leave.

                From a safety point of view that certainly wouldn't provide any fire compartmentation.
                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


                  #9
                  Originally posted by mk1fan View Post
                  I was thinking more that they were actually a Lodger so could effectively just leave.

                  From a safety point of view that certainly wouldn't provide any fire compartmentation.
                  OP does not make it clear whether LL is resident or not. I agree, it would be easier if they were lodgers, but even if they are AST tenants, I think they would be justified in leaving if LL did not get a proper wall sorted and soon.
                  '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
                    thanks, very helpfull... and I successfully got an agreement with my landlord moving out soon with the deposit full return.....

                    Comment


                      #11
                      Originally posted by tedy31 View Post
                      thanks, very helpfull... and I successfully got an agreement with my landlord moving out soon with the deposit full return.....
                      Well done, that's excellent news.

                      Good luck in finding somewhere else that's more suitable.
                      '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

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