Ask an UK Law Question, Get an Answer ASAP!
Can you confirm when the term of the current tenancy agreement expires?
Did you give a deposit to the landlord when you moved in and has this been protected in a tenancy deposit scheme?
no deposit was paid however I paid the last months rent at the beginning of the tenancy
the current tenancy ends 29th June 2011, the six months ends 29th December 2010
" the six months ends 29th December 2010"
Do you refer to the 6 month ending because there is a break clause permitting you to terminate?
In order for you to terminate the tenancy prior to the expiry of fixed term or break clause you would have to show that the landlord has committed a repudiatory breach of contract which is so serious that it goes to the root of the contract to deny you all or substantially all of the benefit of the contract. Effectively this must mean that the property is unfit for human habitation.
Your difficulties with the boiler are, in my view, not sufficient to constitute such breach because you are still able to have heating/ho water. Were you to unilaterally terminate then the landlord would probably be able to sue you for the remaining rent up until the point at which he could relet the property.
You do have a right to a boiler in repair and you can enforce this by writing to the landlord specifying the disrepair and asking that he repairs it within 14 days otherwise you will pay for the repairs yourself and then seek to claim the expense from him using www.moneyclaim.gov.uk though I accept that this does not help in getting out of the tenancy.
If you suspect that the landlord would not sue you for the rent or would not realise that the boiler problems are not sufficient to entitle you to terminate then I suppose you could take a risk and terminate in the hope he would not sue, but this seems too big a risk considering that you have the option of a break clause coming up.
Better in my view, to make sure you exercise the break clause OR perhaps offering to leave early and pay a fraction of the rent for time remaining until break so he can attempt to relet immediately to make a small profit.
Obviously though you should write to him as above stated in respect of the disrepair.
If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).