Advice on 6month AST

[Moag]

Hi everyone,

I'm just after some advice please. I'll give you all the full story...

I moved into a flat that is part of a block of 20 flats owened by the same person/company on 14th July after signing a 6 month lease. Since then we have had nothing but problems.

Firstly, after moving in there was a few things that either didn't work or were simply badly fitted.

The list includes:

Faulty washing machine
Bedroom light switch broken
Interior kitchen door doesnt close properly
The lights in the communial stairway do not work (very difficult to see when coming in at night)
Carpets were not finished in communial stairway (LL promised this was being Completed first week of august)
Carpet uneven (badly fitted) in living room,
No post box (all letters were being delivered through a communial letter box)


Im sure there was a few more but cant remember now.

Anyway, this was all reported to the LL after a few days and when speaking to him, everything sounded positive and he promised to have everything fixed, starting with the washer.

Heard nothing from the LL after 2 weeks so I attempted to follow up and again was told that it is underway and everything will be sorted soon. After this I was unable to get in contact with the LL as he refused to answer his phone. Eventually, toward the end of September I managed to get in contact and he apologised for not answering his phone and the excuse was he didn't recognise the number :confused:

The washer was then replaced a few days after, however, all the other faults/Problems remain.


That is one side of our story, now for the other side to our life in the new place.

When we rented the place we were awere that it wasn't too far away from an area that was known in the past to be a bit dodgy. I queried this with the LL and he assured me that times have changed and they have had no problems with the flats.

About 3 weeks after moving in, the flat opposite ours was broken into. The police caught the 2 criminals inside so I assume they were charged etc.

There has been continuous problems with kids hanging round the flats (12-13 yr old at a guess) causing damage and ringing doorbells etc

Then at the beginning of this week we were awoken late at night to a car full of thugs smashing up my girlfriends car and also causing a bit of damage to mine. This was completly un provoked and we were absolutly stunned. The police wernt really interested either.

I spoke to the LL first thing in the morning and expressed my wish to move out of the property. He said he understands the situation and verbally agreed to allow us to leave, stating as long as we pay the rent up untill the day we move out. He also agreed that we would receive our deposit back.

Since the incident we have moved most of our stuff with only a few things left that we will get at the weekend.

Then yesterday, I get a text message from the LL saying "Hi, hope u both ok, just to let u know the bank is playing hard ball with regards to rent outstanding, They want paying in full"


What I dont understand is why he is mentioning the bank? I pay him rent, not the bank.

If the LL goes back on his word and decides not to let us end the tennancy, do I have any chance of getting out of paying the 3 months remaining?

If not, am I required to pay this all at once, upfront?
Any advice you could give me would be great?
What is the best way to proceed?

Many thanks in advance

[tom999]

He said he understands the situation and verbally agreed to allow us to leave, stating as long as we pay the rent up untill the day we move out. He also agreed that we would receive our deposit back.
Is AST in England or Wales, and annual rent less than £25k?
Were you given deposit protection info. at tenancy start?


If the LL goes back on his word and decides not to let us end the tennancy, do I have any chance of getting out of paying the 3 months remaining?You will be liable for rent as stated in your AST up to and including the last day of the fixed term, unless LL has given permission to end tenancy early; it's advisable to get this in writing. What does AST say regarding notice periods?

[Moag]

Hi Tom,

Yes this is in england and rent is under 25k, deposit protection info was not given but i am led to believe that it is protected.

He did give permission verbally but nothing in writing. I need to give one months notice to leave but this can only be given after 5 months to allow me to leave at the end of the agreed 6 months.

Has the LL fulfilled his side of the agreement? In my opinion, he has not?

Thanks

[tom999]

..deposit protection info was not given but i am led to believe that it is protected.Request LL gives you this info., as he is legally obliged to do so.


He did give permission verbally but nothing in writing.You'll need it in writing.


Has the LL fulfilled his side of the agreement? In my opinion, he has not?What does agreement say regarding LL's obligations to property maintenance (assuming this is what you mean)?

[jeffrey]

I need to give one months notice to leave but this can only be given after 5 months to allow me to leave at the end of the agreed 6 months.
If you simply wish to leave the premises on the day when the fixed-term (six-month) AST expires, no Notice at all is required (irrespective of what the AST's conditions provide)- but telling L in advance is a good idea nevertheless.
If the term began on 14 July 2009, it will end at the end of 13 January 2010.

[Moag]

What does agreement say regarding LL's obligations to property maintenance (assuming this is what you mean)?

Yes this is what I meant, I dont have the agreement with me to check at the moment but it was just a standard agreement.

Assuming he does go back on his word and does not allow us to end early, am I required to pay the entire amount remaining up front?

What happens if I dont pay?


Another thing I just found out, there is no Gas safety certificate in the flat, This is the first time i've rented somewhere and didn't even think to check. If there isn't one for the period i've been living there, is this grounds for the agreement to be canceled?

Thanks Again for the help. The LL is a complete waste of space, many other in the flats agree and are all having problems with him. I really hope I can get out of this without giving him any more money.

[Moag]

If you simply wish to leave the premises on the day when the fixed-term (six-month) AST expires, no Notice at all is required (irrespective of what the AST's conditions provide)- but telling L in advance is a good idea nevertheless.
If the term began on 14 July 2009, it will end at the end of 13 January 2010.

Hi Jeffrey,

I wish to leave the property now, 3 months eary due to the LL's incompetance and inability to deal with problems and more importantly, not feeling safe to live there.

Is there any thing I can do?

[tom999]

Assuming he does go back on his word and does not allow us to end early, am I required to pay the entire amount remaining up front?As mentioned above, rent is due as stated in your AST. e.g. if AST states monthly, then this is when it's due, not in advance.

What happens if I dont pay?LL can pursue you through the court system for unpaid rent.


Another thing I just found out, there is no Gas safety certificate in the flat, This is the first time i've rented somewhere and didn't even think to check. If there isn't one for the period i've been living there, is this grounds for the agreement to be canceled?Gas Safety Certificate does not need to be in the flat, but an annual gas safety inspection should have been performed within the last 12 months, and you should have been given a copy of the certificate.


The LL is a complete waste of space, many other in the flats agree and are all having problems with him. I really hope I can get out of this without giving him any more money.You may disagree with the LL, but looking for escape routes to end your tenancy early, and not fulfil your contractual obligations may be an unwise move.

[Moag]

Gas Safety Certificate does not need to be in the flat, but an annual gas safety inspection should have been performed within the last 12 months, and you should have been given a copy of the certificate.

If this has not been carried out and the LL is unable to produce this, where would I stand then?


You may disagree with the LL, but looking for escape routes to end your tenancy early, and not fulfil your contractual obligations may be an unwise move.

I am only looking for "escape routes" because it is not safe to live there, for some reason, it looks like we are being targeted by vandels. Ours were the only cars they smashed up. Who knows what they might do next...

Whether we can end the agreement or not, we are not going to live in the property.

What would you do in this situation?

[jeffrey]

Hi Jeffrey,

I wish to leave the property now, 3 months eary due to the LL's incompetance and inability to deal with problems and more importantly, not feeling safe to live there.

Is there any thing I can do?
No (re incompetence/inability of L; and re feeling unsafe) unless you want to sue L. Sorry!

[tom999]

If this has not been carried out and the LL is unable to produce this, where would I stand then?
LL is legally obliged to keep record of safety checks for 2 years and issue a copy to you within 28 days of the check being completed. If an inspection has not taken place, then LL could be reported to HSE (http://www.hse.gov.uk/), but this does not mean tenancy will end; if for example, there's an investigation, and gas appliances are unsafe/dangerous then LL may be prosecuted and you could sue.


What would you do in this situation?Agree with LL to end tenancy (in writing) as mentioned above.

[Moag]

Agree with LL to end tenancy (in writing) as mentioned above.


This is the problem, he initially agreed verbally but has now decided otherwise...

So it looks like i'm stuck with this untill january. If the LL can find new tennents before this, whould this effectivly end the agreement?

[tom999]

This is usually the case, but check your AST to be sure. This may also apply if you find replacement tenants.