Jump to content
House Price Crash Forum
Sign in to follow this  
bambino06111

Advise On Getting Out Of Contract

Recommended Posts

Hi I wonder if anyone would be able to give me some advice on a renting issue please.

Moved into 2 bed terrace, signed 6 month rental contract with EA's. As soon as we started living in propert it became apparent that the windows were inadequate both in terms of noise protection and draught prevention. There's a carpark right outside the front of the house and get woken up at 5am each day with people starting cars.

The wooden frames on the windows are rotten and extremely draughty, we have a 14 month old daughter so this is a concern for us.

I wrote to the estate agents, they wrote to the landlord, landlord wrote saying he plans to put double glazing in at some point but not in the short term as he can't afford to.

Noticed today there is a 2 bed semi, with double glazing just 100metres away, up for long term rent for just an extra £25 a month ontop of what we're paying now, gutted. We have 4 months left on our contract at the current place.

Any suggestions on whether we would be able to leave the property early without losing our deposit ? trouble with renting is I gurantee when the contracts up in 4 months there won't be any other decent properties available.

Share this post


Link to post
Share on other sites
Hi I wonder if anyone would be able to give me some advice on a renting issue please.

Moved into 2 bed terrace, signed 6 month rental contract with EA's. As soon as we started living in propert it became apparent that the windows were inadequate both in terms of noise protection and draught prevention. There's a carpark right outside the front of the house and get woken up at 5am each day with people starting cars.

The wooden frames on the windows are rotten and extremely draughty, we have a 14 month old daughter so this is a concern for us.

I wrote to the estate agents, they wrote to the landlord, landlord wrote saying he plans to put double glazing in at some point but not in the short term as he can't afford to.

Noticed today there is a 2 bed semi, with double glazing just 100metres away, up for long term rent for just an extra £25 a month ontop of what we're paying now, gutted. We have 4 months left on our contract at the current place.

Any suggestions on whether we would be able to leave the property early without losing our deposit ? trouble with renting is I gurantee when the contracts up in 4 months there won't be any other decent properties available.

It's very unfortunate, but the problems you have described probably do not give you grounds for terminating your lease.

However, it may be worthwhile involving the Environmental Health Department of the local authority as the problems with your windows (the draughts and the rot, but probably not the noise) may trigger a response from them under the Housing Health and Safety Rating System regime instituted by the Housing Act 2004. They may write to the landlord recommending repair/replacement, or if the problems are serious enough, force him to do so.

Nevertheless, as a matter of tactics, you probably should wait until you have signed a new, longer term agreement on the expiry of your 6 month tenancy, because if you cause problems for the landlord now, that issue will be fresh in his mind when it comes to deciding whether or not to renew. In any event, this weekend's awful weather aside, it should be starting to get a bit warmer now.

Finally, have you tried suggesting a compromise solution of some form of secondary glazing?

Share this post


Link to post
Share on other sites

Ask your LL direct (not through the agent) if you can leave the flat. Explain that you are concerned about your daughters health. Offer to find another tenant for them and pay any expenses. You can advertise locally on noticeboards and vet them first.

Good luck. I've been stuck in crummy flats before and it's miserable.

Share this post


Link to post
Share on other sites

Agree, a frustrating situation. My suggestions:

1. Draughty windows. Were they always like this, or are they in disrepair? If in disrepair, you have a good negotiating stance with the LL.

2. Go talk to your LL or LA anyway about this. Normally six months fixed term contract means just that - fixed for six months but some LLs are flexible if they have a conscience and the flat really is in poor conditiion.

3. If you're getting nowhere on 1&2, then how about draught proofing the windows - draught strip is cheap and will at least make u more comfortable shor term.

4. A lesson for next time - ask for a break clause to be inserted into the tenancy - so either party can give notice early. Too late for this tenancy though, but some LLs will accommodate this, especially if you explain the background and the problems you've had previously.

Depending on yr circumstances, you may be so unhappy at the present accommodation, that you are prepared to breach the tenancy and move anyway, and risk losing the deposit and more.

Not something I'd generally recommend as you could held liable for the entire rent as well - I don't know your circumstances. Its a risk that only you can assess.

In practice, if you are fair with LLs and leave with as much notice as possible, and rent fully paid up to date, many LLs will not bother to pursue you for the outstanding term of the tenancy.

They'll just try and hold onto yr deposit. Just not worth the hassle of legal proceedings ... but it is a risk and you may just find yourself up against that smart agent who wants every pound of flesh and is prepared to bother to take legal proceedings to enforce the contract.

With the new deposit legislation, even the landlord might have difficulty in getting the deposit back if you can fight a good case on the windows being in disrepair. So this may be a further bargaining point.

Share this post


Link to post
Share on other sites

I suspect you are in a weak position legally - presumably you knew about the car park before you moved in and you could have inspected the property early in the morning to check noise levels. Similarly you knew there wasn't double glazing.

I sympathise with your position, but these two factors aren't the landlord's "fault" in any legal sense.

If the windows are in disrepair then he is supposed to do something about it within a reasonable time, but for draughty windows that would probably be a month or so by which time some of the problem will have gone away.

Can't you sleep at the back of the house? Try the baby at the front - babies often wake at a sneeze from parents but happily sleep through demolition work!

Sometimes landlords just can't win with the Environmental Health Office - we had one warm snug room condemned as "potentially too hot" BECAUSE it had double glazing, was south facing & had a (well-lagged) immersion heater in a cupboard!

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

  • Recently Browsing   0 members

    No registered users viewing this page.

  • 292 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.