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Wannaknowmore

Wanna get out of tenancy, can I?

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Hi

 

Any advice appreciated.

 

Estate Agents

 

Gave me wrong info and not enough. Reason I took the flat was because of garden square for myself and two dogs. Was assured by agents this would not be a problem. It was and there is a waiting list of six dogs before mine. Fitted television in property but found out after moving in no ariel so have had to install Virgin and not able to have box downstairs in bedroom because cables will run throughout property. Not informed induction cooker so had to buy all new pans. Inventory never arrived until six weeks later and rent not deposited into secure scheme by them.

 

Too many emails to them to show here.

 

 

Landlord

 

Continuous repairs needed in last three months. No hot water or heating for eight days. Now fixed but engineer advised new valve needs to be fitted. Window broke, (large sash one of two in lounge) and not repaired just nailed up on landlords instructions. Landlord not willing to address these issues. Various other problems throughout time here and contrctors showing up with no prior appointment sometimes 10pm.

 

Compensation of £200 offered but not seen yet. Rent £780 per week.

 

Again too many emails but this is the latest to landlord and I now wanna get out of tenancy, can I and if so will this be easy?

 

 

 

 

Hi xxxx

 

Thank you for your email.

 

As you are aware there are still a number of issues outstanding re Square and although xxxx and I have tried our best to resolve these since moving in we have not been able to. We have repeatedly phoned and emailed to request that repairs be completed within a reasonable time scale and that an appointment prior to your contractors arriving can be arranged that would be both convenient for them and ourselves. On numerous occasions we have asked for a statement to be sent in relation to all money transactions as we believe you are holding more than four weeks rent in advance, have adjusted the account with your offer of compensation and have not paid our deposit into a secure scheme.

 

Unfortunately none of the above matters have been addressed and therefore I have had no alternative but to contact other people in order to help me with these problems.

 

In your email you suggested that I have had a number of council officers visit the property all of which have given a glowing report about the flat and its condition. I am a bit confused to this as I have only had one environmental health officer visit who was certainly very concerned about some the conditions of the property and felt it necessary to contact you the same day. You also state that you feel it was inappropriate of me to contact him over the noise coming from the smoke alarm. Please bare in mind that given the length of time it has taken you and your staff to fix the minor problems let alone the major ones I was not prepared to put up with very high pitched bleeping that was not just having an effect on me but also on my dogs. They were terrified and resorted to staying in the bedroom for two days.

 

If you believe that you and your staff have always been courteous and acted promptly to our many requests I am sorry but beg to differ. Had this been the case we would have been able to sort everything out amicably and would not be in the position we are in now. This whole experience has been very draining, inconvenient and expensive.

 

You have mentioned twice in your email that under no circumstances will you terminate my twelve month contract without a break clause and will defend your right to this most rigorously. Of course you are entitled to do this but I do hope you will understand that I also have rights and the main one being able to live in peace and comfort which I have not been able to do since taking up the tenancy. I did love this flat when I found it and would have been happy to stay here long term but because of bad management from the start I am totally disillusioned and not at all satisfied.

 

I will be seeking further advice in order to find out landlords/tenants rights/responsibilities in relation to my tenancy agreement.

 

Sincerely

 

xxxx

 

 

 

 

 

Hi xxxx

 

 

 

Under no circumstances will we terminate your contract early, you have a 12

month contract with no break clause.

 

This runs until 27/08/2010. You have had a succession of council officers

visit your property all of which give a glowing report about the flat and

the condition of the flat.

 

Every time you have had a problem with the flat we have resolved the

problems whether it was in your opinion a major issue or a minor issue and

we do feel that you informing the council about a bleeping in your smoke

alarm is inappropriate. I believe myself and all my staff have been

courteous and acted promptly to your many requests. Baring all this in mind

I will under no circumstances terminate your 12 month contract early and

will defend my right to this most rigorously.

 

xxxx

Edited by Wannaknowmore
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Have a look at this sticky thread.

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/74057-disrepairs-privately-rented-accommodation.html

 

Probably, I would say you need written evidence from environmental health of problems at a minimum. Unilaterally breaking a tenancy is very difficult I believe.

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Thanks for replying Steve M.

 

Bit confused as to wrong thread, any chance of posting the right thread pls?

 

I have read some sticky threads and it does appear it would be almost imposible to have this tenancy contract terminated and resigning myself to staying another nine months which does go by quickly.

 

What about the deposit not going into a secure scheme, have you any other threads to this too pls?

 

Obviously it would be nice to get three times the amount but still not clear if it was agents fault who I gave the money too or the landlord.

 

I know there must be answers on here but heck there is so much reading to go through, you may know a quicker route!

 

Thanks again

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Steve M

 

The CAB informed me that my deposit of 3600 was too much to be paid into a secure scheme.

 

Is this correct?

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All Assured Shorthold Tenancies should have there deposits secured in a TDS. There is an upper limit for a rent value that can constitute an AST but I haven't heard of a maximum limit for a secured deposit amount. The rent limit per year is £25,000


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Sorry the "wrong thread" bit was because I posted something else. My post above it stands.

 

I see your rent is £780 per week! Deposits do not have to be protected if annual rent is more than 25000 I understand.

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