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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i live in a student house which is a joint tenancy, the property

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i live in a student house which is a joint tenancy, the property has been a problem since day one with repairs promised not being doen for when we moved in. The council has required a number of jobs to be done for the house to be safe including fire regulations which 6 months on have only half been done. There is more repair work including blocking holes in the external walls which have allowed rats into the house. We are now infested with these rats and for 3 weeks now the holes are still there so we cannot get rid of them, also the cold running water does not work nor the toilet flush correctly or the washing machine. Numerous other problems have now been dealt with after waiting for months for this to happen including damp and unsafe windows. We pay £308 a month each i though have only paid £100 a month which was agreed with the landlord as the house was such an unlivable state. I do not have a guarator like the other three occupants so have been able to do this. Please help
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Do you want to know how whether you can terminate your tenancy, or how to compel the Landlord to make the repairs?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
id like to know whether i am liable to pay rent to a landlord that doesnt make any repairs that the house isnt livable in i personally am living smewhere else, can i get out of the contract is it voided in anyway due to the standard of living we are forced to deal with the landlord has obligations to keep the house in a certain way and isnt dointg therefore does that void my contract so we can all walk away or just me as the other tenants have guarantors he can get the rent money from their parents? its a joint tenancy. Ideally i want to get my stuff and go but not be liablefor rent arrears. I wouldnt pay someone to live in the house there must be rules etc?

Thanks

Sorry to be vague
Expert:  Thomas replied 4 years ago.

Hi,

 

You are liable to pay the rent until you legally terminate the tenancy, it is a separate obligation to the landlord's obligation to provide a property in reasonable repair. You can terminate the tenancy if the property is unfit for human habitation because this is a breach of the landlord's obligations that is so fundemental it entitles you to treat the contract as at an end.

 

If you intend to terminate based on uninhabitability then the safest way forward is to request an officer of the environmental health departments make an investigation of the property. If they find that it is unfit for human habitation then you can ask them to either make a declaration of this and give you a copy or otherwise give you a written acknowledgement of uninhabitability. You can then use this as evidence to terminate the contract. You may wish to also document the problems with the repair by using photographs just in case.

 

Your other housemates can stay even if you terminate for uninhabitability and will be liable for the rent until they terminate (and so will their guarantors).

 

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 ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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