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slicecbr
22-02-2010, 13:59 PM
I am a tenant currently in a 12 AST. A few months into the tenancy a damp problem occurred in the flat. I contacted the LA and work was carried out to solve the problem (took 3 weeks longer than anticipated to complete). A few months later and the problem is re-occurring and the builders who came to the flat aren't sure whats causing it and offer to do remedial work to temporary solve the problem. The damp problem does not allow me to use one room in the flat and I am weary about letting more work being carried out as last time alot of disruption occurred and the problem was not solved. What are my options if I wanted to leave? Would I still be bound to the 12 AST or does it come down to LA discretion on leaving early?

Thanks

tom999
22-02-2010, 14:03 PM
Does the AST have a break clause, i.e. a clause which allows you to end the tenancy early, e.g. 6 months after the tenancy start?
Have you discussed the problems directly with the landlord (contact details should be on AST)?
Is tenancy in England or Wales?

slicecbr
22-02-2010, 14:07 PM
Does the AST have a break clause, i.e. a clause which allows you to end the tenancy early, e.g. 6 months after the tenancy start?
Have you discussed the problems directly with the landlord (contact details should be on AST)?
Is tenancy in England or Wales?


Not sure about the break clause will check soon, but on memory don't think so.

Yes I have discussed the problems with the landlord and is of the same opinion of the builders, not sure what the problem is but will do remedial work.

Wales

Thanks

tom999
22-02-2010, 14:21 PM
If there is no break clause in the AST, you will be liable for rent for the fixed term. If you wish to end the tenancy, there are at least two possible options:
(1) Agree with landlord to end the tenancy and pay for any re-letting fees (e.g. marketing costs for finding a new tenant & legal costs for a Deed of Surrender).
(2) Find a replacement tenant yourself, that's acceptable to the landlord.

dominic
22-02-2010, 14:26 PM
If there is no break clause in the AST, you will be liable for rent for the fixed term. If you wish to end the tenancy, there are at least two possible options:
(1) Agree with landlord to end the tenancy and pay for any re-letting fees* (e.g. marketing costs for finding a new tenant & legal costs for a Deed of Surrender).
(2) Find a replacement tenant yourself, that's acceptable to the landlord.

Only if the LL asks you to do and you agree to it. LL may be happy for you to leave early without such reimbursement.

slicecbr
22-02-2010, 17:35 PM
If there is no break clause in the AST, you will be liable for rent for the fixed term. If you wish to end the tenancy, there are at least two possible options:
(1) Agree with landlord to end the tenancy and pay for any re-letting fees (e.g. marketing costs for finding a new tenant & legal costs for a Deed of Surrender).
(2) Find a replacement tenant yourself, that's acceptable to the landlord.

So even though there is an agency involved, if the landlord agreed to let me leave the contract early, I could do so?

Or does the LA have to agree also, as they are managing the property for the AST?

JK0
22-02-2010, 17:38 PM
Why not ask the agent if they will find you a new home? Then they will want to cooperate with your surrender.

slicecbr
22-02-2010, 17:54 PM
So even though there is an agency involved, if the landlord agreed to let me leave the contract early, I could do so?

Or does the LA have to agree also, as they are managing the property for the AST?

Reason I ask this is that I have had conversations with the L and he says that the agency has basically leased the property from him for the AST and the final decision comes down to the LA and he has no input, e.g. states he wanted to reduce rent for AST due to problem but LA refused.

Is this the case? or is it dependant on an individual basis?

JK0
22-02-2010, 17:57 PM
Sounds like porkies to me. Why not try what I suggested about asking agent to find you a new home? Then you will have no need for new referencing and credit checks.

slicecbr
22-02-2010, 18:06 PM
Sounds like porkies to me. Why not try what I suggested about asking agent to find you a new home? Then you will have no need for new referencing and credit checks.

The agency is a small agency and has very little choice. I will ask though.

So you think the L is lying? Could what I said happen though (LA 'lease' property for AST and have the control over L)?

JK0
22-02-2010, 18:10 PM
Well I suppose it is possible, but sounds a bit unlikely. Probably told you that, so you would not ask him for a rent reduction.

tom999
22-02-2010, 18:14 PM
So even though there is an agency involved, if the landlord agreed to let me leave the contract early, I could do so?Yes, if the tenancy is between you and landlord; in which case, the agent only acts for landlord.


Reason I ask this is that I have had conversations with the L and he says that the agency has basically leased the property from him for the AST and the final decision comes down to the LA and he has no input, e.g. states he wanted to reduce rent for AST due to problem but LA refused.Whose name is on the AST as 'the Landlord'; agent or landlord?


Could what I said happen though (LA 'lease' property for AST and have the control over L)?There are scheme's where the LL lets the property to a company, e.g. the agent, and the company sub-lets to the tenant. In which case, the landlord has very little control of the tenancy. If this is the case, I suggest you seek legal advice.

chappers2341
22-02-2010, 18:21 PM
I think the answer lies in the fact that the LL is supervising/arranging for the remedial works to be carried out, in which case it is pretty clear that the agents are only his agents and he is responsible for making decisions with regards to the tenancy.

tom999
22-02-2010, 18:27 PM
I think the answer lies in the fact that the LL is supervising/arranging for the remedial works to be carried out, in which case it is pretty clear that the agents are only his agents and he is responsible for making decisions with regards to the tenancy.If a lease agreement exists between LL and agent, LL may have repairing obligations.

Poppy35
22-02-2010, 18:51 PM
.... Why not try what I suggested about asking agent to find you a new home? Then you will have no need for new referencing and credit checks.

not necessarily true, we credit check our tenants when they move to other properties with us even if they have been with us for some time, very easy to accrue ccjs in the space of 6 months plus they may of changed jobs.

Duty of care to the landlord to carry out full references each and every time.