House in bad state,want out.

[L.Prince]

Hi there,

I am hoping for some advice. Myself and my 3 young children have been in a private rent property since september (till sept 2010). There have been problems which needed fixing since then with new ones cropping up every few weeks and none getting any attention. We have damp,slugs,leaks,need two new main doors for security and draught/weather reasons. Basically,in my contract it states that if I do not honor my responsibilties as a tenant the lease/contract may be terminated and as I have this doesnt apply. However, could I turn it round and use that same statement to give my notice on the property and move out?
I have contacted the CAB and the Environmental health dept.
The bottom line now though is, that I really have had enough.

Please advise, I really want to be able to move my children out of this place.

Many thanks.

[mind the gap]

I'm sorry to hear of your problem but getting out of your tenancy is not quite so simple as you suggest. Please could you clarify:


Have you written to your LL demanding that he comply with his statutory repairing obligations?

Has the EHO visited the property?

What did CAB advise?

Then we may be able to advise you more specifically what your options are.

[jeffrey]

Have you written to your LL demanding that he comply with his stautory repairing obligations?
Explanation to L. Prince: see countless LZ threads about section 11 of the Landlord and Tenant Act 1985.

[L.Prince]

Hi again,

Have been in constant contact with the letting agent,I have no direct contact with the landlord.
I contact the letting agent by telephone rather than letters,there is always an excuse as to why the repairs,etc cant be done.
The CAB basically said I am stuck here and the E/H came out,looked round and said he could send a letter 'gently' requesting that the main doors are replaced and the other problems be dealt with asap,so we'll see what happens there as it would have only been sent monday gone.

Regardless of the repairs,etc now though, I want out.

Many thanks.

[mind the gap]

Unfortunately unless the place is uninhabitable or dangerous (e.g. live electricity cables sticking out, malfunctioning gas appliances, leaking sewage, etc), you cannot break your contract by leaving early.

Your only hope is to approach your LL via the LA if necessary, (address the letter to your LL personally), tell him how unhappy you are in the property and ask if he would consider an early surrender of the tenancy. He may or may not agree.

If he does not agree, unfortunately you are legally liable for the whole of the rent for the whole of the fixed term.