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andy.mc07 | Problems with our tenancy agreement? |
My tenancy agreement states that i have 2 give 2 months notice before i leave. however, my landlord hasn't rectified the following problems that we have advised of: 4 heaters not working (hence very cold for my 2 year old daughter who is constantly not well), windows that don't actually fit the surrounds, cooker not working 100% and extremely dodgy electrical wiring meaning that light bulbs blow on a daily basis. I have found a new property with immediate entry. I asked to give 1 months notice but landlord won't budge. Any suggestions what I can do legally?
Additional Details
BTW. We signed a 6month tenancy agreement over a year ago but haven't signed any new contract since |
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lunah_c
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You should only need to give 1 month. Why not call his bluff and tell him if he won't let you leave without notice you will get the council involved on the charge of unsafe housing. He probably will just let you go!
For extra advise see the Shelter website as it has lots of info on rights. |
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CRAZYMOM1966
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Really there is nothing you can do because it is in the agreemenet, but if it was me i would rather move to a better place for the sake of my child. With your two year old been sick i would get out and not worry about it...But i know you will lose your depoist but your childs health more important.. |
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Sagebrush Kid
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Be careful. You are under a contract, just as he is. But just as you have to fulfill YOUR end (pay rent, be quiet, be clean) he has to fulfill HIS end (make repairs, leave you alone. etc)
IN WRITING, notify him of the problems and give him a certain number of days to repair. If he doesn't, you will terminate the lease.
PLEASE CHECK YOUR LOCAL LEGAL CLINIC. They usually have all the details on these things, like how many days he has to make repairs, what you have to do to terminate the contract, etc. Where I live, the owner has 72 hours to begin repair on things like heaters, stoves, etc.
Note: If he DOES the repairs within the time limits, you're bound by the contract and must honor it. |
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stanthemansmum
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I was in exactly the same position just over a year ago. My advice would be give him the notice and just go. Do not give him your new address and forget him.
With your notice letter, list all the problems and the dates you told him about these. Also, if you are in the UK, legally he has to have the gas checked every year. Has he done this? Mention in the letter that you have not seen a gas safety certificate - this is really important, because if he does think about taking you to court, not having this certificate will cost him far more than one month's rent! and could mean a court appearance and fine or even imprisonment for him.
Also, if you know he rents out other properties, mention that in your letter - if he is not paying tax on his earning from these, then he will be in even more trouble.
Good landlords deserve good treatment but there are so many scum landlords out there who do not look after their properties, act illegally towards their tenants and then charge exhorbitant rents for doing nothing! These landlords deserve all they get.
It sounds as if taking you to court could open a massive can of worms for him and if he does - so what? the courts are not that stupid. They do not like scum landlords either. I was told to pay two weeks rent at £5 a month - in any way I wanted. I paid £1.25 a week in cash - put through the door of his offices and asked for a receipt to be sent to me. It cost him even more money.
Write the letter, get out of the property and enjoy your life. |
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Phil McCracken
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Go to the local "fair rent" tribunal. If he refuses to do repairs on heating, windows etc, you may be paying too much rent.
Do it without delay, and in the meantime, just move. You gave him 4 weeks notice, he wants 8, so at the worst he can only demand 4 weeks money. Get the tribunal to look into these repairs, and don't give him any further money until it becomes obvious you have to. |
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alan v
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Contact your local enviromental health office, explain the situation and tell them you have found a new place to live, they should be able to help you leave with no legal ties as the property as it stands is not fit for living in |
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MUSCLES
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Check with your local Code Enforcement office. |
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shih tzu lady
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If you have no tenancy agreement you can leave whenever you like. Your landlord should have dealt with the provision of a new contact and he seems very lax in this as well as his responsibility of adequate living arrangements. No heating in this day and age? Ridiculous.
Why dont you look for somewhere else especially given that you have to consider your child. There are plenty of decent landlords out there willing to let to you if you have a deposit and one months rent.
Report this situation to Environmental Health Dept of local council and see if they can enforce the landlord to improve things. Or go to Citizens Advice.
Good luck. |
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Yeah I Said IT!!!
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nowt
it has nothing to do with the notice period is it, so he does not have to agree to 1 months notice as you have already agreed in writing (contract) and he can take you to court and get the remaining monies owed if you leave after 1 month even when you give notice my freind. |
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Cheryl G
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Gracious! Sounds like the place is not really in livable condition. Is there a landlord/tenant authority in the town where you live? If not, seek legal help. Check with the local sherrif or constable. Document everything that is wrong with the property, send a letter to the landlord saying you are leaving and why and then go. If he trys to stop you tell him that you are leaving because of the unsafe conditions and that you plan to contact the local police. He can't force the issue under the circumstances. If all you claim is true, he has an unleasable property which must be repaired before another tenant occupies it. |
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