PDA

View Full Version : Ending tenancy early



shan408
10-10-2011, 06:24 AM
Hi,
We recently moved into the property and are would like to ask if we can do the following

1. The contract is on both of our names, I signed the contract and paid the deposit, my wife was on call working and the agent send her contract on email and she signed and email it back but agent says you must come to their shop and sign the contract, which she will do shortly. But now as I have moved into the property I realised that it's very noisy outside environment and lots of cleaning issues, and the Central heating components are making noise. Any ways my question here is this can we pull out of this contract?

2. On the contract it says this can be terminated before 8 months, if we really don't want to live in this property how we can proceed now or after 2 3 months.

3 is it possible to hire a solicitor who can help us indeed we know we gonna lose money

Please help

Regards
Shan

athair_siochain
10-10-2011, 07:48 AM
You have only one choice, you have to deal with the landlord, try to buy your way out of the contract. as your wife has still to sign the contract, it is not valid, you could try legal advice, WARNING the majority of solicitors are landlords or moneylenders. so try to find one that does not have a tenant financing their property investment.
dont sign the contract, I assume the landlord has not as yet signed, regards athair_siochain

shan408
10-10-2011, 08:59 AM
Thank you for your reply.

I will appreciate if some one here can tell me about good solicitor

Please!

jjlandlord
10-10-2011, 09:22 AM
I don't see why the contract should be invalid...


2. On the contract it says this can be terminated before 8 months, if we really don't want to live in this property how we can proceed now or after 2 3 months.

You should quote the exact wording to us and tell use if this is in England or Wales.

Apart from using a potential break clause, the only way forward to approach the landlord and negotiate. But the landlord has no obligation to agree to anything as the contract binds the tenants.

shan408
10-10-2011, 12:31 PM
Hi,

I am not sure a contract is not infornt of me but the contract reads that this contract can not break before 8 months. with tenant having 1 month notice and landlord 2 months.

How can I tell lanlord to fix the below stuff:
Radiator are making noise
2nd shower in bathroom is working
toilet seat is not fitted and is moving

And yes the back side of the peroperty is not double glazed but it is now i realeazed how bad the train noise is. So what are my rights to request landlord to change the windows.

I am paying quiet hige amount for my rental and very distrub to see the proeprty condition after I moved in, it was also said that the property will be professonal clean bt got too much stuff that needs to be clean.

What are my options I have explain the situation to the letting agent and they saying that the contract is signed, as i explained earlier my wife sign it over the internet through email does thsi gives us any edge ? OR how can I approach the land lord

mariner
10-10-2011, 15:13 PM
The AST (contract) is not invalid, one T has signed it and moved in.
The defects you mention appear minor, <£10 for self fit loo seat at B&Q
The train noise/lack of double glazing should have been evident when viewing. You cannot force LL to upgrade the windows. You should notify all defects/problems to LL/LA requesting they be fixed.
I suggest contract has a 6 month break clause, meaning you give notice after start of month 6 and T will end 1 month later. If you want to leave earlier, the only way is by written mutual consent and LL could claim rent amount due to end of month 7 as compensation.
You can ask LA for LLs address or address & post a sealed letter with LLs name written on envelope. I assume LL contact details for service of notices on AST is the LA address?

westminster
10-10-2011, 17:58 PM
I am not sure a contract is not infornt of me but the contract reads that this contract can not break before 8 months. with tenant having 1 month notice and landlord 2 months.
Then you cannot unilaterally end the tenancy earlier than this break clause allows.



How can I tell lanlord to fix the below stuff:
Radiator are making noise
2nd shower in bathroom is working
toilet seat is not fitted and is moving
If the radiators/heating system are working, then I doubt LL has any obligation to make the heating system quieter - most central heating systems make a certain degree of noise.

I assume you mean that the 2nd shower is not working? LL is obliged to repair it.

A loose toilet seat would usually be the tenant's responsibility to fix.


And yes the back side of the peroperty is not double glazed but it is now i realeazed how bad the train noise is. So what are my rights to request landlord to change the windows.
No rights at all. The LL is not obliged to replace the windows.


What are my options I have explain the situation to the letting agent and they saying that the contract is signed, as i explained earlier my wife sign it over the internet through email does thsi gives us any edge ? OR how can I approach the land lord
You have entered into the tenancy contract regardless of how your wife signed the contract - for a short term tenancy in England/Wales, the contract doesn't even need to be in writing to be valid and binding.

If you wish to end the tenancy early, then your only option is to make an offer to the LL - for example, offer to pay him the equivalent of, say, two months rent, if he agrees to an early surrender of the contract. If he does not agree to your offer, then the tenancy will continue (until you serve notice under the break clause and that notice expires) and you will remain liable for rent till then, even if you move out.