home
in

Apartment lease. How do I get out?

Last post Thu, Nov 15 2007, 5:10 PM by Graeme Delap. 2 replies.
Sort Posts: Previous Next
  •  Wed, Nov 14 2007, 7:39 PM

    Apartment lease. How do I get out?

    I have signed a 12 month contract for my apartment.. due to finish in August 2008.  Since moving in in August I have had endless problems and was wondering if there was a way out of the contract without having to continue to pay the rent until the end of the fixed term.

    In August and September I did not have consistent hot water due to the boiler constantly failing, the letting agent sent out maintenance to "fix" the bolier only for it to break again the next day. Over the bank holidays I had to go days without hot water. 

    In September and October I had my electricity cut off due to previous tennants owing Powergen thousands of pounds; desite my informing powergen that I had moved in and the old tennants no longer living here. I requested the letting agents to fax off my tenancy agreement to Powergen twice; powergen are adament that the letting agent did not fax these off.  As a result of this a pre-pay meter was installed by Powergen (while I was out at work and without getting my permission to enter my block of flats) The letting agents response to this was "you'll have to sort it out yourself because we cannot do anything". I am now receiving debt collection letters for the previous-previous tennant and Powergen will not remove the pre-pay meter.

    The boiler has broken again, and the letting agent now say that it is up to the landlord to fix the problem; i have not yet heard anything from either of them (despite my constant phoning/leaving messages); its been a week!

    Is it possible to end the contract on this basis? The apartment does not work and I did not sign up to the apartment with a pre-pay meter/so many debt collecter knocking at the door! Im finding it hard to deal with all the trouble and am now constantly wondering what is going to go wrong next!

     Thankyou for your help!

    • Post Points: 35
  •  Wed, Nov 14 2007, 7:43 PM

    Re: Apartment lease. How do I get out?

    Read your tenancy agreement, if its a standard contract under the Landlords & Tenants Act amd it states a landlords duties to maintain the property, then you can stop paying your rent as the landlord would have breached his duty.

     Im sure once you stop paying your rent they will sit up and take notice, you can also terminate your contract provided youve taken all 'reasonable' steps to communicate the problem with the landlord. However, if youve paid a deposit, you would probably lose this!

     Hope it helps.

     Let us know how you get on!


    Shehzad Ilyas
    • Post Points: 5
  •  Thu, Nov 15 2007, 5:10 PM

    Re: Apartment lease. How do I get out?

    Hi Becshep,

    Sorry to hear about your trouble. There are several issues here...

    Firstly, you need to speak to and/or write to Powergen regarding the meter and the unpaid bills. Make copies of your tenancy agreement and your council tax bill - anything that proves that you are a new tenant and not the person/people they should be chasing for unpaid monies which are owed by previous tenants. Send copies of the documents by post or fax yourself with a covering letter. Write down everything in detail - in order - in a clear format. This should include correspondance via email, letter or by phone. This issue of who provides your electricity or gas [and the type of meter in the accommodation] is your responsibility as a tenant.

    Regarding the boiler, landlords must ensure that any gas or electrical appliances in the accommodation are safe. As a tenant you have the right to have your accommodation kept in a reasonable state of repair. If you think they are not taking the issue seriously or you do not feel they are acting quickly enough and you cannot sort it out by speaking to them, speak to your local Citizen's Advice Bureau - you can find them by clicking here.

    It's also a very good idea to speak to the CAB regarding the possibility of ending the tenancy agreement. This will be determined by what exactly is contained in the agreement that you signed. Book an appointment and talk the issue through with them as soon as possible.

    Also, I would strongly advise against stopping any payments that are due to your landlord or letting agent. If you do this, you may well be in breach of contract and may put you in all sorts of legal difficulties. Speak to the Citizen's Advice Bureau before taking any action. They may also be able to advise you regarding your difficulties with Powergen.

    You can find more information from the CAB website by clicking here. For information on dealing with disrepair in rented accommodation, you can access their website by clicking here.

    Hope that helps. Let us know how you get on.


    Cheers,
    Graeme Delap, Community Editor,
    graeme.delap@moneysupermarket.com

    Vote for your Community Star: Community Stars 2009
    • Post Points: 5