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Thomas
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Category: UK Law
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we live in a rented property for the term of 1 year to end

Resolved Question:

we live in a rented property for the term of 1 year to end in july 11 but the earliest commencement of termination is 31st december 10 but we have a wheelchair bound son who is profoundly disabled and access to the house is a major problem. occupational therapists will not do any adaptions to the property as they class it as a nightmare and they adviced us to move and we have been given a letter to clarrify this. We think we may have a problem getting out of our tenancy early as the agency who the landlords are using are not being helpful in this matter. could you tell me if there is any legal way out of the tenancy
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

The basic positions is that unless the landlord agreed to make adjustments suitable for your son to the property as a term (orally or in writing) then you will be bound by the length of the tenancy agreement. He is under an obligation to provide accommodation fit for human habitation, rather than habitation for a particular human (ie. your son) unless this was expressly agreed.

 

You can terminate under the break clause obviously, but the only other way you could terminate would be is the property is unfit for human habitation - this would be a repudiatory breach by the landlord which denies you all, or substantially all, of the benefit of the contract. In these circumstances one would usual invite he enviro dept. of the local authority to make an inspection in he hope they would declare it unfit thus entitling early termination.

 

The landlord is under a duty not to unreasonably refuse a replacement tenant that you can produce to him and if you think this is a possibility before the break clause then you can use www.gumtree.co.uk to attempt to find one. Private landlords use the service all the time.

 

If you are occupying the property under an assured shorthold tenancy and the rent is less than £25k then any deposit you passed to the landlord would have had to have been placed in a tenancy deposit scheme. If you have not received details of this then you should ask for them from your landlord. If it has not been so placed then you have right to apply to Court for the return of the whole deposit and a fine of three times the deposit amount payable by the landlord to you. You could use this as leverage to get him to agree to vacation prior to the break clause.


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.

Kind regards,


Tom

 



Edited by Thomas on 9/9/2010 at 11:37 AM EST
Thomas, Lawyer
Category: UK Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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