Please help me, how can I break my contract and leave my disgusting flat asap (uk)?
Saturday, October 9th, 2010 at
7:13 pm
There is a collapsing ceiling, faulty electrics, mice, broken window, broken washing machine and no curtains or heating. It has been a hell hole since I moved in and they are taking way too long to fix it up. I just want to leave I’ve had enough.
Everytime they fix one thing, something else goes wrong it is disgusting here. I have been assured that my landlord is breaching the contract, so I can do the same by leaving, but they will withold my deposit (£750) and they could take me to court to claim the rest of fixed term rent (£7500) I am getting environmental health etc involved, but they will write letters to push my landlord to do the repairs. I feel it’s gone on too long I don’t want to wait anymore. I have to pay my rent romorrow - I really don’t want to I’m not even staying there. Should I cut my losses, not pay and get evicted? Or risk having to stay here while they slowly do repairs. Thank you so much for any help.
Rent Back
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Filed under: flat rent
leave now! I think under the Short-hold Tenancy agreement you should be entitled to withhold rent until the landlord has fulfilled his end of the contract, i.e. made the flat live-able. Was it like this when you took it on, did you have a full schedule of condition / inventory done and did you sign it. If you signed an inventory that clearly states the problems you have mentioned you might have less room for manoeuvre as by signing you accepted the condition of the flat as was.
i know in the us, there’s a clause in the lease that says if you write to maintenence three times and do not get the problem fixed w/in a reasonable time, you can break your lease..check to see if your lease says anything like that..if you don’t have one, then ask for a copy from management..
If you can go to your local CAB. It doesn’t sound right that they expect you to pay rent for living in such a sh!thole.
MOVE now!!!!!!!! Do it NOW!!!!!!!!
You need to contact the police. I don’t know about overseas laws, but I know in America that landlords have to keep a building in a certain working order. I bet it’s the same way where you live. You need to document everything (dates, problems) and contact a housing agency. You probably have a nonprofit agency where you live that protects tenants.
Maybe go to citizens advice as soon as you can. I am no expert but no way should you have to put up with those conditions. You might even be able to claim off him in time as he has charged you all this rent but hasn’t kept to his word about repairs.
Hmmm… That flat must be colapsing. It may be very old and the flat is kinda like crubling. I dunno.
if they havent kept to there side of the contract which from what you say they havent done then your within your legal right to withdraw, your best bet would be to call citizens advice bureau who could tell you the facts, id also suggest taking pictures and making a note of how long its been so if they put it right and say it was you who renaged youd have evidence on your side, hope this helps
Contact citizens advice to get your legal position but I would of thought if you could prove they were breaching the agreement you have by not supplying basic decencies then you could avoid the contract. All deposits after some point this year needed to be put in a trust and so if it is in this you should be able to get it back, if not then you should be able to take your landlord to the small claims court to get it back and as long as you win they would have to stump up the cost of doing it… BTW sounds horrible better to leave than get ill from the mice etc!!!
did you not see the house before entering it? honestly.
If you have asked the landlord to make the repairs and he has not you are entitled to seek refund of your deposit and cancellation of your contract.
Sounds like your landlord is not very good! Did you not see these things when you viewed. My advice is, if you do not think the landlord will do things, like within 14 days, you should not pay your rent this month, and before it is due again move out, then the deposit will pay the arrears and you can use this months rent for a deposit on a new flat. Take loads of pictures and make a written inventory of the house, and list the problems.
If the landlord asks about his rent just say your withholding it. You then will just have to hope he does not take you to court, if he does you have the evidence.
Never EVER stop paying/withold your rent without FIRST knowing your rights and what can happen if you do withold rent.
It can sometimes backfire and can go against you as it makes you break your end of the lease and landlord could take you to court.
Waltham Forest Council website
“Withholding rent to pay for repairs:
If you tell your landlord about repair problems but nothing is done within a reasonable time, you can carry out minor repairs using future rent to cover costs.
However, it is extremely important that you get advice from a specialist solicitor first so that you follow the correct procedures as well as understand what can go wrong.
If you fail to carry out the correct procedure, your landlord may take action against you for rent arrears and could start possession proceedings.
You should never withhold your rent just to protest against disrepair.
You said you have contacted environmental health, but if you contact your local CAB or Shelter they will tell you about moving out now and if you can get the deposit back.
Do NOT do anything without seeking help first.
This is what the shelter website says:
“If you’re living with serious disrepair, sometimes moving out may be the best option. And if the landlord needs to carry out major repair work, you may not have much choice. Either way, you need to understand your rights and responsibilities.
It’s worth speaking to an adviser if you’ve been asked to move out. They can check whether it is really necessary for you to move out. They can also make sure that your landlord follows the correct legal procedures and that any rights you have are protected.
What if I want to leave?
If the disrepair in your home is really bad and your landlord is refusing to cooperate, you may want to look for somewhere else to live.
If you’re planning on doing this, make sure you end your tenancy properly. Otherwise you may be liable for the rent, even after you’ve left. You can still take court action to claim damages if you’ve already left.
If you still have a few months to go on your agreement (for example, if you have a six-month assured shorthold tenancy and have only lived there for two), your landlord may say you have to pay rent for the whole period. However, you will be able to counterclaim for damages if your landlord is breaking your tenancy agreement by refusing to carry out repairs. Contact a local advice centre or solicitor, or call the Community Legal Advice helpline on 0845 345 4 345 for more information and advice”
Good Luck!