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worldsend
09-10-2011, 14:32 PM
Hope someone can help
I rented a property via LA and had to pay double deposit as i had a dog and as i am disabled on benefits had to have guarantor, it was 6month ast but just before contract due to be signed the la rang and said LL wanted to do 12 month in view of my circumstances, i agreed and moved in
It all went downhill from there...agent said and advertised allocated parking space but as on a public bridleway everbody parks there as no signs etc so cannot park car and as disabled have to try walk uphill to get my car, the boiler was leaking and took them 2 weeks so no heating/water until it was repaired and at the start i reported soot/cinders covering the room from an open chimney falling onto open grate gas fire, a plumber came and told me not to use the fire even though it passed gas safety check but stated on the report chimney requires sweeping, he said if i light fire it will give off co2, 6 months down the line despite hundreds of emails/phone calls to LA still not been swept, i have had chest infections and my personal items have soot all over , i also reported other issues glass in window loose, sofia boards fell down and rotten, pipe leaks when flush toilet out into back yard still none have been fixed, also on the advert posted on well known site it shows a picture of the EPC for that property which has a top rating on further inspection all their propertys have the same photo of epc, i requested a copy which i have just received and it is not the one they used for the advertising, i have kept all these, cut long story short i have handed in my notice and asked for surrender but they say no i have to pay rent etc till March next year...or will that be down to the guarantor as I claim HB and have moved out for health reasons and cant cope with the stress upset of trying to get repairs done, they refuse to return my deposit and i really dont know what to do any help please

Snorkerz
09-10-2011, 14:59 PM
Lets see if we can sort this out.

As things stand at the moment, your landlord is correct, you have an agreement (contract) for 12 months and you are obliged to pay rent until the earliest of:
1 - The end of that 12 months
2 - A new tenant moves in
3 - You agree a surrender with landlord.
The landlord does not have any obligation to get involved with 2 or 3.

If you were sued, you may have a defence that it was 'reasonable' for you to break the contract in view of the disrepair etc, but no one on here can tell you what the judge will say on the day.

You can run that risk or complete your contract.

You have gone for 6 months in poor conditions when help was aailable from the start. The Environmental Health Officers at your local council have powers to get any h&s related things fixed - they have to follow a due process but they can even organise repairs if the landlord doesn't agree.

Things like the EPC and (shall we say) misleading advertising can be dealt with the Tenancy Relations Officer in the Houing Department at the council. Before you call them, decide what you want doing about the situation :)

Have you considered applying to the council for a 'disabled bay' adjacent to the property? Any 'blue badge' holder could use it, but it would narrow down the competition. We use a notice like this: http://www.officesafety.co.uk/shop/safety-signs-and-posters/disability/disabled-parking-only-sign.html?gclid=CMjtudPt26sCFcMOfAodahLmRA attached to he railings. It has no legal effect but it does discourage inconsiderate parking.

Any repairs not covered by the above should be dealt with here: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/tenants_doing_repairs

Returning to the issue of you breaking your contract, anything that you are legally due to pay, that you don't, would not only have to be paid by your guarantor (if the paperwork is right) but could result in you getting a CCJ which will ruin further tenancy applications. Are you happy for your guaantor to be liable for such a large amount?

I take it you have told the HB office you have moved out? If not, they will want rent repaying for when you weren't there. That doesn't affect your current liability to the landlord.