Leaving rental contract due to disability

[shineygirl]

Hi there,

 

We have a really good landlord but I am in a 3rd floor flat and have found out I have MS.

 

Increasingly I am finding the stairs difficult, both with vision and energy.

 

We still have 8 months to go on a 12 month contract. At the moment we are thinking of staying until the lease is up but we keep seeing ground floor properties with adaptations and are worried that nothing suitable will be around in 8 months.

 

(last time we were looking there were no ground floor properties)

[citizenB]

I will try and find someone who can help.

[citizenB]

I have moved your thread to a more appropriate forum. You need do nothing, it was purely an administrative move.

 

I am sure there will be caggers who will be able to advise what you can do.

[mariner51]

You need to discuss poss of early surrender terms with LL asap. You never know, he might have a suitable ground floor flat in his portfolio avail in next few months.

[Honorsmum]

I agree with Mariner - the sooner you discuss this with your landlord, the better.

Hopefully, he will be sympathetic but don't forget he stands to lose money if you leave early, so may ask for some kind of financial settlement in return for surrendering the lease. Or he may require you to continue to pay the rent until a new tenant moves in.

Make sure all communication is in writing.

[SabreSheep]

Does the single equality act help you here I wonder?

 

I would be looking to contact an MS support group and see if they can help you

[mariner51]

#SS. why should Equality Act be relevant, unless OP is registered/qualifies as disabled?

MS is a slow progressiive, debilitating disease of the nervous system. As a newly diagnosed MS sufferer, OP is suffering early symptoms of fatigue, so I can understand need to vacate 3rd floor flat (no lift?).

A compassionate LL may offer amenable terms for accepting early surrender if suitable alt can be found. T can vacate at end of fixed term anyway.

Many HA's have difficulty in sourcing ground floor flats for their deserving Ts. PRS LLs not have similar obligation to their Ts

Ultimately it isTs resp to find suitable alt accom and negotiate terms for T release

[ericsbrother]

You could ask for termination due to frustrated contract, no longer able to get up stairs so cannot occupy the flat. A month's notice should allow LL to find someone else and not suffer any substantial loss. Managing agents are a bit trickier to persuade as they like to add a few quid to everything for their troubles so you may have to consider paying them a fee, even if LL happy enough.

[SabreSheep]

#SS. why should Equality Act be relevant, unless OP is registered/qualifies as disabled?

MS is a slow progressiive, debilitating disease of the nervous system. As a newly diagnosed MS sufferer, OP is suffering early symptoms of fatigue, so I can understand need to vacate 3rd floor flat (no lift?).

A compassionate LL may offer amenable terms for accepting early surrender if suitable alt can be found. T can vacate at end of fixed term anyway.

Many HA's have difficulty in sourcing ground floor flats for their deserving Ts. PRS LLs not have similar obligation to their Ts

Ultimately it isTs resp to find suitable alt accom and negotiate terms for T release

 

It was an area to explore, not only regarding LL but maybe also to assist in finding somewhere else.

 

FYI "unless OP is registered/qualifies as disabled?" from what the OP has stated already, they qualify as disabled. " I am finding the stairs difficult, both with vision and energy"

 

1. Does the condition impact on their every day living? - YES

2. Is/has there condition likely to/have lasted more than 12 months - YES

 

Remember, the single equality act not only applies to employment law but also in the provision of goods and services.

 

Not sure how it can be used, but I thought I would mention it as it is an avenue worth exploring

[SabreSheep]

IN this case, if a Disabled Tenant makes a specific request, the LL is duty bound to investigate it and see whether it would be "reasonable" to grant it.

 

IF the T found a suitable property that catered for them and then offered 1 months notice to surrender early on the grounds that their disability prevents them from "Enjoying and Accessing their property", the LL would struggle to argue refusal is reasonable.

[Honorsmum]

You could ask for termination due to frustrated contract, no longer able to get up stairs so cannot occupy the flat. A month's notice should allow LL to find someone else and not suffer any substantial loss. Managing agents are a bit trickier to persuade as they like to add a few quid to everything for their troubles so you may have to consider paying them a fee, even if LL happy enough.

 

As a landlord, I'd also ask that the outgoing tenant pays the fees involved with signing up a new tenant - our agent charges £240.

[Lea_HTH]

There is no 'frustration' of contract here. There is also no 'duty' for the LL to investigate this particular request (flat is on the third floor, no lift, there's nothing to investigate - the issue is not INSIDE the rented property, but where the property is located); an AST doesn't account for a LL having to be 'reasonable' in a request to break a fixed term tenancy. The flipside of that would be that the tenant also would have to be 'reasonable' if the LL wanted the flat back sooner - you can see where that type of 'logic' would lead...

 

The disability issues are for discussion and negotiation with the landlord, they do not, in themselves, provide an out from a perfectly valid contract (even death doesn't end a fixed term AST - a s21 notice still has to be served). The LL remains entitled for the contract to be seen out to 12 months - and the tenant remains entitled to that contract being seen out to 12 months. OP can no more use his/her disability to get out of the contract than the LL would be able to use that disability to get the OP out of the flat. There are no breaches of either Equality or Disability laws from the OP's description of the situation.

 

Negotiation is the only legitimate way to proceed - which will probably lead to agreement from OP's 'really good landlord'. Remember, the LL is entitled as of right under the contract, to the rent until the end of the term, so he/she does not need to agree, but if they do, the OP will almost certainly be required to continue paying rent on the property until it is re-let (if it's a nice property, it won't stay on the market long).

[stu007]

Hi

 

I am afraid I would have to agree you are going to have to negotiate with the Landlord on this matter.

 

You also need to consider getting as much medical evidence as possible that they need to move from present flat location to a suitable ground floor flat. Doctors letter, Consultants letter and also

 

get onto your local councils, social work dept and request an Occupational Therapy Assessment for the property you are in at present.

 

(They need to be specific in the letters that it is a Ground Floor property, How many bedrooms and the medical reason if an extra bedroom required and any specific medical requirements the property needs to have)

 

Also have a look on the net for Housing Associations etc in your local area and get application forms into them so you are added to their waiting list.

[shineygirl]

We have been told that our property is no longer suitable, health wise by an Occupational Therapist and a Neurologist.

We have been offered another house, with a lift. Much more suitable for health.

Only problem is we still have several months left on the contract (12 month contract) - 9 months left.

This has a second issue of getting a landlord reference when we are leaving early.

The landlord is aware of the situation. In that stairs are making it so I can't walk any more. Ending up stuck upstairs.

I'm almost thinking of passing it up because of the money if we have to pay two rents over 7-8 months.

[legalistic]

I assume this is a private rental. Are you sure that the Fixed Term is for a whole year. Sometimes tenancy agreements are drawn up for a year but the Fixed Term is only 6 months. Your best bet it probably to negotiate with the LL. If the property gets relet LL cannot usually get the rent twice.

[mariner51]

Legally all you can do is to offer 'early surrender' on LLs terms. He may allow you to leave to move in to new flat at end of current rental period in exchange for cash amount equiv to rent to end of month 6 (or less). He may be relieved to get property back early rather than wait for month 12 end.

If accepted, get a Deed of Surrender signed by both Parties to end the T on that daY.

NEGOTIATE with LL.