Need some advice

[SKipRat]

Hello. Hopefully this is the right site to be on...

We are renting a 2 bedroom flat in clacton on sea essex for 550 pcm.
Ours is the middle of a 3 floor building.

Now as far as I am aware we did not return the contract given to us by the landlord, we have found a much nicer house in a better area and are planning on making the move soon.

My landlord informs me that I must pay the monthly rent up untill the end of april if i wish to vacate the property.

Now as I say as far as I'm aware we are under no contract to him IE the 6 month agreement. The house is full of damp which has been an issue for months now. The damp in the property has caused damage to my bed, wardrobes, countless items of clothing and obviously is generally not a nice thing to have to put up with.
hes "solution" was a dehumidifier which I must leave on full 24/7. This has upped my electricity bill by about 15 pounds a week and has had minimal effect on the damp in the walls.

The tennent below me has been let off a months rent because he is out of work and has a rent cut down to 450 a month. Constant noise coming from him and the front door is constantly left open, Again this isnt a nice situation for me and my partner both who work full time and are being kept awake up untill 5am each morning with music, door slamming and chavs shouting/pukeing outside the house.

Also we have a firealarm system installed within the flats which has been non operational for about 9-11 months now. When we first moved in just over a year ago there were storage heaters, these no longer work and the windows are letting in icey cold blasts of wind. So I really am sick of living in this place paying over the odds

Now, I am just wondering where we stand? I REALLY do not want to spend another day in this flat, Never mind staying untill the end of April.

Should we just leave the building voiding our deposit? Or is this going to cause us problems with rent owing if it happens that the contract has been signed by us (im 99.8 percent sure that this is not the case as we have 2 copies of the agreement one which was supposed to be returned to the landlord signed)

Any advice would be brilliant. As I've said I don't want to spend another 4 months in this place - Do we have any other options, to loose out on this decent property we have found to let for just 100 pounds more and its 100 times better would be such a shame.

I am already prepared to give up the deposit if it means we can leave the property.

I will try and go to our local CAB but its just finding the time out of work to visit.

Cheers in advance.
Jon

[MrShed]

On what date did you move in? What was the initial fixed term agreement you made with him? Impossible to answer without knowing these answers.

[SKipRat]

Thanks for the reply.

We moved in just over a year ago and about 2 months ago the property changed hands. My previous agreement had run out about 3 months before the new landlord took over.

I would hazzard a guess that the firealarms not working is illegal as the council made sure they were installed a year ago.
Also the damp has just been ignored causing damage to our property. I literally cannot use my bedroom at the moment due to the walls being covered in mould.

As I say as far as I'm aware we are not under any contract at all with the current owner

[MrShed]

In that case, you need only give 1 full months notice, to expire at the end of a rental period.

[SKipRat]

If in the unlikely chance we are under contract what can we do?

The place isnt what we originally rented and the fact that ive had to shell out for a new bed,wardrobes ect.
The front room and bedrooms are pretty much out of bounds due to the damp.

[MrShed]

You are not under contract unless you have been given and have signed a new contract. Your initial contract has expired. You are currently in what is called a "statutory periodic tenancy". This means that you are out of the fixed term. However, you are still obliged to give notice, which is a minimum 1 month notice, to expire at the end of a rental period.

[SKipRat]

Like I said in my previous post - if he does have a signed contract from us untill April are we bang out of luck if we want to move out?
Concidering all the problems and damages caused by the property.
I've been informed that the issue with the fire alarms is indeed illegal also.

[MrShed]

I dont understand how he could have such a signed contract unless you signed it? There appears to be something more here. There either is or isnt a signed contract....and you must know this answer. If you are telling us there isnt one when there is, then you are only preventing yourself from gaining a true answer...

Sorry skeptic in me coming out, but I really dont understand the question if there is no signed agreement.

[MrShed]

As a THEORETICAL answer, the other problems do not entitle you to unilaterally end the agreement, so yes you would be liable for the rent until April if that is the tenancy you have signed.

[SKipRat]

Sorry. What I'm saying is as far as I am aware there is no signed contract by me or my partner. On the phone earlyer the landlord says he is sure we signed a contract.
I have asked him to bring round the contract we have signed. When I contacted him he wasn't at home and I'm thinking he just assumed he has a returned contract from us.

So what I'm saying is I'm just wondering what would happen in the event he does have a signed document from us.

Isn't he at all liable for the damages caused and the disrepair the house is in?

If I offer to take it further about the damages and the fire alarms I'm hoping he will just let us go.

This is assuming we are under contract which I really do not think we are.

So yeah its a bit vague but I'm at the end of my teather being messed about with a damp,cold and overpriced flat

[MrShed]

Damages - yes he is liable for. Fire alarms, yes he is liable for. Enforcing these is a whole different kettle of fish, and does not entitle you to end the agreement. However, you should speak to your local environmental health department, as I'm sure they would indeed be interested to hear about the fire alarms, as this would appear to be an HMO(house of multiple occupation).

[SKipRat]

So in your opinion what are the chances if I threaten to speak to the EHD He will just let us move out before the end of the agreement.

I'm just praying that we are right in thinking there is no signed contract between us. I will update this when I know for sure about the contract.

[MrShed]

It really depends on the landlord. I think the first thing you need to do is establish whether there is a signed agreement in place, as if there isnt you have no real problem anyway. And by the way, maybe this is just me , but I would be amazed if there was a signed contract as this really is something you would tend to remember!!

Just one thing to bear in mind. If he actually agrees to let you go as long as you dont contact EH, GET THIS IN WRITING.

[SKipRat]

Okay thanks a lot for your replies mate

I'll get back to this thread when I find out more.

[MrShed]

No problem, let us know how it goes!

[SKipRat]

Okay I am shocked He insists we are under contract.... Neither of us remember this.

Anyway we have agreed that If I redecorate the house (make everything magnolia) He will allow us to leave whenever we want.

Such a worry off my mind. Going to look at a house in an hours time.

Further Property Details

[MrShed]

I would not be accepting him saying you are under contract unless he shows you the signed contract...

[SKipRat]

Of course mate I've asked him to bring it round.