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cathad83
07-02-2010, 17:33 PM
Hi,

I'm 4 months into a 12 month lease, and the Landlord has been in breach of the lease for almost the entire time (lack of repairs, mould and damp, not keeping the house in a fit state etc., despite numerous requests).

The landlord refuses to meet with us to discuss the ongoing issues, and so the only option it would seem is to terminate the lease on these grounds.

My questions are:
1. How do we legally terminate the contract?
2. How do we ensure our 6 week bond isn't witheld from us?

Any help would be greatly appreciated!

Catherine

susanne
07-02-2010, 17:45 PM
is your bond in a Deposit protection scheme ?

tom999
07-02-2010, 18:17 PM
1. How do we legally terminate the contract?
Without knowing the full circumstances of the disrepair, you cannot end the tenancy on these grounds. However, you may be able to withold rent if the landlord is breaching his obligations under the tenancy, e.g. repairing obligations; there is a procedure for this on the England Shelter website. I'd suggest writing to the landlord directly. If still no response, depending on the severity of the disrepair, you may wish to contact the Council's EHO dept.


2. How do we ensure our 6 week bond isn't witheld from us?Ensure it's protected in one of the three government approved schemes*.


* If annual rent is no more than £25k.

Above answers assume tenancy is an AST in England and Wales.

jeffrey
08-02-2010, 12:26 PM
Hi,

I'm 4 months into a 12 month lease, and the Landlord has been in breach of the lease for almost the entire time (lack of repairs, mould and damp, not keeping the house in a fit state etc., despite numerous requests).

The landlord refuses to meet with us to discuss the ongoing issues, and so the only option it would seem is to terminate the lease on these grounds.

My questions are:
1. How do we legally terminate the contract?
2. How do we ensure our 6 week bond isn't witheld from us?

Any help would be greatly appreciated!

Catherine
If you seek to terminate early, without L's agreement, you'd need a Court Order- and the burden of proof would be on you.

dominic
08-02-2010, 16:52 PM
If you seek to terminate early, without L's agreement, you'd need a Court Order- and the burden of proof would be on you.

Do you?

I thought the right of recission on repudiatory breach (assuming LL is in repudiatory breach) does not need the court's sanction to be effective (although a dispute may arise which may lead to the court's intervention).

jeffrey
08-02-2010, 16:56 PM
But, even if you're right, can you find any instances ever of L's repudiatory breach? I rather think that this is rare or even non-existent in L&T cases.

dominic
08-02-2010, 16:59 PM
I probably won't be able to any, by definition, as instances where this has happened successfully, the court hasn't got involved, and therefore no case law exists.

However, there may be obiter remarks littered throughout various decisions.