Tenant Break clause - Tenancy Agreement

[Rosat]

Hi All,

 

can anyone give me some advice on my legal right regarding the below please?

 

I have a standard tenancy agreement with 6 month break clause (1 month notice) a the condition that "the heating in the flat is not enjoyable for the Tenants as mutually agreed by the Landlord and Tennant"

 

This clause was put into place as the flat don t have central heating neither double glazing (back in 80/2010) -

following cold winters I have requested in several occasion to have the window replaced or for a secondary double glazing to be put in place but nevertheless the management agency attempts to insulate the flat with other cheaper solution no much did improve -

secondary double glazing were not put into place as the landlord want to sell the flat this summer.

 

Due to the very low rent I still have put up to live in the propriety and to pay more on heating to try to keep warm. This anyway did result in me been ill constantly and having to take time off work consequently.

 

Following been diagnosticate with Cervical Artois and Chronic Sinusitis I have tried to give my notice as I did not want o jeopardise my health any further.

 

Unfortunately the Management agency don t agree with us giving notice and they are stating that now is warm.

 

I am challenging that in the break clause isn t specificity that the temperature has to be agree to be enjoyable or that I have to allow additional time for repairs as this "has already been mutually agreed"

 

Can anyone give an opinion on our right?

Many thanks

[rebel11]

Hi ros

 

Welcome to CAG

 

Heres some info in the meantime:- http://www.direct.gov.uk/en/homeandcommunity/privaterenting/repairsandstandards/dg_189195

 

Also read number 15 in my signature.

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[Planner]

The breakclause seems pretty straight forward to me and is in fact worded in your favour (assuming you have written it as worded).

 

Its clear that if you and the landlords cant agree that the temperature is acceptabe then you can serve one months notice. From what you have written, you and the landlords (agents) cant agree that the temperature is acceptable, therefore you have given one months notice. The fact that the agents think the temerature is acceptable is neither here nor there because the breakcaluse doesnt require their agreement, only their disagreement with you.

[raydetinu]

how long have you been in the flat? and how long is it for; the clause refers to 08/2010?

[Rosat]

Hello and thanks for your replies - I really appreciate your help.

 

- In response to Raydeitnu: I have been there since the 18th August 2010 - contract renewed under the same terms and condition (so including the Tenant Break) in 2011.

 

Expiry date of the contract 18/08.

 

- In response to Planner: here as the Tenant Break is written exactly :

 

"No less then 1 month such notice no to expire before the 19th November 2010" and " provided that this notice should only be effective in the event that at the expiry of such notice the heating within the propriety is below habitable enjoyment as mutually agreed by the Landlord and Tennant"

 

In my understanding as it said agreed this should mean past / done already? so no to be agreed now ?

 

The Management agency and Landlord are challenging that they were not aware of the problem (nerveless 2 years of email also were they were stating that there was noting else that could be done) plus the fact that now is not that cold ... but it was when the notice was given and they are not sleeping in the propriety so how they can judge?

Moreover as my fiscal condition are now not 100% perfect due to the cold in the past months the flat I surely will resent more than a fit person would - should not be at "my enjoyment " not their?

 

I am not sure I understand what you mean by" The fact that the agents think the temperature is acceptable is neither here nor there because the break-caluse doesn t require their agreement, only their disagreement with you"... sorry

 

Thanks very much again

 

Ros

[raydetinu]

It certainly is not a standard break clause as it is purely dependant on the heating being below habitable enjoyment!

This would not apply now in the summer and even in winter it could be satisfied by installing lots of electric heaters ( at some cost to run ).

Has it got central heating? gas certificate.

If it is cold in winter have you got a damp problem?

It would seem the best solution would be to find somewhere else to live as it the tenancy is due run its course in August.

Is there any deposit involved and has it been protected and you have been advised as such.

[Rosat]

Hello,

 

in reply to raydetinu:

 

there is no central heating or gas but just some electric hater that are very expensive to run. propriety is generally humid (bed sheet for example in winter were nearly wet at the touch) but there is no dump in the walls or anything.

 

The enjoyment of the heating should not be at my discretion not up to the opinion of the landlord (or at least is what I understand from this contract) as I live in the flat ? is not what the break clause state? "agreed" as past so should not be in dispute?

 

I have already give my notice(when 10 days a go was still 7 degree!) in fact the problem is that the letting agency and landlord don t agree and I don t want to loose my deposit so I was writing to ask what were exactly my legal right in this specific situation.....

 

Please let me know what do you think....

[raydetinu]

IMO you cannot implemnt or rely on that clause to release you from the contract.

However if you do leave and do not pay the rent to end of the term, you could certainly lose you deposit and LL may sue for the unpaid rent.

You could counterclaim for the return of your deposit, so it would be upto a judge to decide.

Is the deposit you paid protected and have you been notified of the details?

[Rosat]

Hello,

 

in reply to raydetinum: many thanks for your reply - can you please advise why I can t enforce the break clause that is in the contract?

what make this invalid?

 

Reason for giving the notice is that the flat is cold and window are not sealed - this was following been diagnositcate with cronic sinusitis so why the law state that i need to soffer fisically and be penalized finacially if the insulation of the flat are not suitable for my health? (and we are going back to the clause "enjoyment" of the flat)

 

Thanks for your time

[raydetinu]

The reason IMO you cant invoke clause now is that you have been there nearly two years and if it was a problem you should of used it in the first winter, you cant use it now in Summer when heating is not a problem? but that would be up to a judge to decide.

Is the deposit protected? if not, you may have something to negotiate with.