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View Full Version : AST for 6 months- can T leave early because of defects?



ianbrown00
07-02-2009, 10:21 AM
I am currently renting a property for an initial period of six months, I am four months into my stay at the moment and there is so many things wrong with the property i want out and just want to know where i stand. the rental company say i need to give 2 months notice and stay there for the whole period. but as there is so many things wrong with it and i'm paying my rent on time each month and don't see any efforts to rectify the problems i feel cheated. The problems i've had with the property is when i moved in and they knew the exact dates they told me everything would be professionally cleaned which it wasn't, they said all of the utilities would be connected, which the gas wasn't connected for 13 days afterwards obviously this left me without heating, hot water and the ability to cook on the hob. Even if there was gas i wouldn't of been able to use the hob as it was faulty and to get it fixed it took from the 24th October to January 14th, which is ridiculous. The windows throughout the flat are useless as all of the seals are broken so water and condensation comes through and also the wind, so when we are able to use the central heating it takes most of the day to heat the flat as it goes straight out back through the windows. The balcony was full of the landlords items and rubbish which we were told would be removed prior to us moving in, it wasn't cleared for a minimum of seven weeks meaning we couldn't use a part of the property that we were paying for. The landlord and her partner used to live here until they divorced and she moved out leaving her husband here and since then he has racked up thousands of pounds worth of debt we have constant visits from debt collectors and mountains of post on a weekly basis. I have had to go to decorum borough council to prove that I live at the address as the gentleman was fraudulently saying he still lives here, this meant I had to take time of work and a loss in earnings for something which has nothing to do with me. Because there was so many bill un paid, our gas that goes through a pre-paid card gets charged to us at a higher rate because of the debt that’s un-paid. Finally when we viewed the flat there was a big hole in the living room ceiling that we were told would be repaired if we wanted to move forward with the property. We decided to take the property obviously not knowing any of the above problems and when we moved back in the hole had been very badly patched over and sticks out like a sore thumb compared to the rest of the ceiling, we thought that was the end of it until we came in from dinner one night to find a very large puddle in the living room floor, they had repaired the patch but didn't think of fixing the gaping hole in the roof. We still have water coming through into the living room and as i said i don't see why i am obliged to stick to this contract when the living conditions are so bad and there is very little effort from the landlord to help change things. Please Please Please tell me there is something i can do to get out of here.

Regards,
Rob Beech

Perplexed
07-02-2009, 10:38 AM
If it was so awful, why did you go in in the first place? :confused:

stresshead
07-02-2009, 11:58 AM
If it was so awful, why did you go in in the first place? :confused:

What a pointless and unhelpful response. T was obviously given assurances current problems were going to be fixed prior to moving in:

"they told me everything would be professionally cleaned"
"they said all of the utilities would be connected"
"The balcony was full of the landlords items and rubbish which we were told would be removed prior to us moving in"
"there was a big hole in the living room ceiling that we were told would be repaired if we wanted to move forward with the property"
And how on earth was T meant to predict that any of this was going to happen:

"the hob...was faulty and to get it fixed it took from the 24th October to January 14th"
"since then he has racked up thousands of pounds worth of debt we have constant visits from debt collectors and mountains of post on a weekly basis"
"I have had to go to decorum borough council to prove that I live at the address as the gentleman was fraudulently saying he still lives here, this meant I had to take time of work and a loss in earnings"
"Because there was so many bill un paid, our gas that goes through a pre-paid card gets charged to us at a higher rate because of the debt that’s un-paid"
"when we moved back in the hole had been very badly patched over...they had repaired the patch but didn't think of fixing the gaping hole in the roof. We still have water coming through into the living room"
???

From the post, it's clear that the only problem T could have foreseen was the windows!

Sounds like LL promised the earth to get you in there and was laughing as soon as the first month's rent arrived knowing you'd be stuck there for 6 months. ianbrown00 do you have any written proof that LL agreed to get works done prior to you moving in? If I were you, I would start to amass your evidence - keep all correspondence between you and L. Any serious problems that arise from now on (e.g. with heating/water/leak), notify LL in writing about them immediately. Then at least you can get the works done yourself and deduct from the rent if no action is taken. Well that's what I would do if I had no heating and no response from LL after two weeks. I doubt you will be able to get out of your contract early, but you might be able to claim some compensation if any of your personal property has been damaged by the leak, although my suspicion is that legally you're probably entitled to sweet FA.

Good luck, LL sounds like an a*se.

Oh, and I'm pretty sure you wont need to give any notice at the end of your AST (if it is an AST). Just up and leave at the end of the six months, i.e. last day of fixed term. LL does not deserve any notice IMO.

ianbrown00
07-02-2009, 12:07 PM
The above post was put on by my son and as stated the agents and landlord had promised that the work would be completed before he took occupancy, not only where they not carried out but no urgency was applied to the fact there were so many outstanding faults with the property.

It is apparent that the landlords have a financial issue, which means they don’t have the funds to keep the property in a state of adequate repair for occupancy!
Why should my son have to put up with substandard accommodation when he is paying top dollar, on time and also paying off the landlords fuel arrears!






Ian Brown
Concerned parent

Ericthelobster
07-02-2009, 12:47 PM
also paying off the landlords fuel arrears!On that point, your son just needs to contact the utility providers, explain thw situation and tell them he wants standard credit meters fitting. The utility co can insist on a preypayment meter for an existing customer who's in debt, but not on a new customer.

It won't cost your son to have them fitted, and the LL can't stop him from doing it.

ianbrown00
07-02-2009, 13:17 PM
I think he is past the point of trying to fight with the landlord, it has got him nowhere over the past few months, he just wishes to cut his losses and move.
This brings us back to the issue of having to give two months notice and pay up till the end of the agreement.

he has no faith that the deposit he has in place will be returned promptly if at all, despite having tidied the property throughout and kept it in good order.

Does he have any grounds to cut short the tenancy agreement, or use his deposit to cover his last two months rent?

Regards


Ian