Early release from AST due to unlawful entry and heating issues

[tenantt]

My tenancy (london) began 7 days ago and the day we moved in we raised issues regarding the inadequacy of the heating in the living area/ kitchen. We offered to share the electric bill in case extra heaters would be necessary. It was decided that we would wait for a few more days to see if the flat would heat up to sufficient levels as she advised that it felt cold due to the fact that it had been empty for a number of weeks and would get warmer over the next few days. L also said a release would be possible but that she would check with agent what release terms would be.

 

 

On the 3rd day of the tenancy she entered w/o notice and claimed it was necessary in order to drop off the Inventory. I was in my bath towel and did feel shocked at the time since in my 20 years of living in london nothing like this has ever happened.

 

 

Because of the ongoing heating problem and the way in which she made excuses for her entry and did not acknowledge this as a breach on her part (raising the liklihood that it could happen again since she didn't respect this right) we decided that we wanted to leave the tenancy. After we informed her of this she required that we move out within 24 hours and pay 10% of the 6 months rent upfront that we paid.

 

We packed all our stuff and said that we would move in 24 hours (even though it was her breach) provided the 10% fee was waived. She did not agree so we have not moved out and want to get directions from the county court to approve the early release without any penalty due to landlords breach.

 

Also there is no cold water in the flat - it is the same temperature as the hot water.

 

The L has made it clear that we can not leave w/o her taking a 10% fee (for the agent) but in our view she should pay this.

 

Whats the best way to approach this and is there any ADR service that might be useful here?

 

Or can anyone advise the best way to approach this?

[rebel11]

Hi ten

 

Welcome to CAG

 

The guys will advise as soon as they are available. In the meantime some great advice here:-

 

http://england.shelter.org.uk/get_advice

 

http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/index.htm

[Planner]

Unfortunatley you dont really have a leg to stand on, the LL entering on one occasion, while annoying is by no means serve enough in the eyes of the law for you to end your tenancy without penalty.

 

If the heating water is still a problem then your LL is obliged to repair this. Set out the issues in writing and the timescales you would like to resolve them in. Add to the letter than 24 hours prior notice must be given and accepted prior to her entering again.

 

I think the LL stance is reasonable - 10% - as your 'breach' of the tenancy agreement, if you do leave, if far more significant than the LL single entery.

 

I cant help feeling theres something more here - your reaction seems compleltey out of propotion to the LLs 'breach'?

[tenantt]

I cant help feeling theres something more here - your reaction seems compleltey out of propotion to the LLs 'breach'?

 

I have been renting on and off for 20 years and have never encountered issues like this- I guess I have been exceptionally lucky or maybe I overlooked them previously...the rent here is 1000pw for a 2 bed and I do feel strongly that basic things like hot and cold water should have been checked at the start by the landlord. If I were to go to every viewing and run the taps in every bathroom before I decided whether that flat was right or not I think agents would quickly tire of it and yet this is what it seems necessary to do to play it safe.

 

Its possible I may have reacted alot to the intrusion but it is quite a frightening experience to hear footsteps in your home when no one but you is there just coming out of the shower and not having heard anyone come in..

 

I read on the forum that I am allowed to change locks provided I change them back at the end of the tenancy.

 

Do you know - can I do this after a single breach already? It would give me alot of peace of mind when Im here alone as the landlady said that she did not regard entering part of the flat as a real entry- meaning (at least to me) that she may do it again if it suited her- especially since now there are linked works/ repairs issues (even though these also require 24 hr notice).

 

 

An engineer came yesterday and fixed this a little by closing the valve of the hot water (pressure was too high so was coming back down) and long term measure is to put a non return valve in. I say a little because the 'cold' taps are now giving lukewarm water which when it is run for more than 5 minutes starts to get hot again... sorry I am now rambling into the detail of the plumbing but maybe it helps towards getting an idea of how serious it remains. Whilst the 'cold' water tap water is no longer scalding it is also by no means cold....

[tenantt]

Since the consensus seems to be I do not have a leg to stand on the next question would be - what about compensation for the condition or lack of these basic needs such as cold water/heating - if they can be independently established as inadequate can we claim to pay a lower rent until they are fixed and also for the intrusion by builders that will inevitably necessary to resolve this?

 

Does anyone have any experience of this?

[tenantt]

Hi ten

 

Welcome to CAG

 

The guys will advise as soon as they are available. In the meantime some great advice here:-

 

Thanks and very glad to have come across such a comprehensive forum since the last place you really want to be is taking matters to court but without any guidance/ discussion that doesnt involve heavy lawyers fees it can end up seeming unavoidable. Looking forward to using this site more.

[Steve__M]

I think it is normal that landlords are given "reasonable" time to fix issues - reasonable depends a bit on the seriousness of the issue. Given that you have had one engineer visit within a few days, that does not sound unreasonable, I suppose.

 

Is it possible that the heating problem is related to the cold/hot water problem?

 

Hopefully, the LL has learnt not to disturb you in future...

[bellijayne]

Just picking up on the thread here. As a consumer surely you still have the statutory rights of 28 days cancellation of a contract or is it the 14 day cooling off period? You could site the water problem as well as the invasion of privacy in that you were not given 48 Hrs Notice. It's quite simple, no I wouldn't be paying anything, I'd site the above & leave. If any money has been paid over then I'd look in to the Bills of Exchange Act 1882. Within this act is a section on paying money when threatened, in that this will void the contract. Hope this helps.

[45002]

Just picking up on the thread here.

 

From February 2011 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[raydetinu]

Again trawling through old threads.

Answer of absolute no use this late and incorrect anyway!