How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6655
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

We feel our landlord has breached our contract with them, they refuse to do essential

Resolved Question:

We feel our landlord has breached our contract with them, they refuse to do essential repairs. They now won't answer our calls. We have notified them we are leaving without giving 2 months notice as we are not going to live in bad conditions? We are fully paid up in rent, where do we stand? Environmental health have got involved and found in our favour, but the landlord refuses to act.
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi

 

Is this a residential tenancy?

 

When does the fixed term end?

 

What specifically did Enviro health say?

Tom

Customer: replied 4 years ago.

Hi Thomas,

 

Yes its a residential tenancy. We started tenancy in June, 12 months with a two month break clause.

 

Essentially the property has a really bad mould and condensation problem, its ruined bedding, clothing and shoes. Its so bad its coming through the wardrobes, furniture. One bedroom smells horrific and is unusable.

 

The landlord sent in builders who reported back, the landlord basically said we were the cause, and that we had to ventilate the property properly by leaving windows open all day, even when we're out. Its a ground floor flat. Recently our Landlord has refused communication and had her partner call us. They refuse to give me an email address to send photos, etc. Its just got really petty. They also live in Northern Ireland, so it makes it even trickier.

 

Enviro health attributed the cause to lack of extractor fans, air bricks, trickle vents and agreed its impossible for us to vent it properly without leaving ourselves open to burglary. He said he would write to them, again.

 

Its contributed to my wifes illness and we've appealed to them on a number of occasions. The last thing they did was to send us a letter asking if we wanted to activate the two month notice period. We can't stay here that long and so are moving out on Friday.

Expert:  Thomas replied 4 years ago.

Hi

 

If the property is unfit for human habitation then you can terminate without notice as this is a repudiatory breach of contract by the landlord - one which is so serious that it does to the root (ie. the heart) of the contract so as to deny the whole, or substantially the whole, of the benefit of contract from you.

 

You can run in to difficulties proving this though. Ideally one would have a declaration of unfitness from the enviro health department so I would get on at the officer and ask him to confirm in writing to you if this is the case. Also take pictures and if your wife has suffered medically from this then see if the doctor is willing to confirm this in writing. This will help

 

If you consider this is the case and can prove it either by a statement from the officer/doctor and photos then you could terminate immediately which is something you might consider do (I would do this in writing to the landlord setting out specifically why). If the Court holds that it was not unfit then you may be liable to the landlord for having quit early and would have to pay him some money up until the Court decides he could have relet the property.


Even if you do decide to terminate on the grounds of unfitness and there is a break clause entitling terminate afterwards then I would avail yourself of that break clause as a fail safe option if the Court finds against you.


This assumes that the landlord will actually issue proceedings if you quite early and he contends you did not have grounds to do so, he may not - particulaly as he is in NI, but you should obviously be aware of the risk that he could.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom



Edited by Thomas on 12/6/2010 at 6:14 PM EST
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1293 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor