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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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If the landlord has not declared certain flaws in the property

Resolved Question:

If the landlord has not declared certain flaws in the property that the renter could not reasonable have known before signing the contract (a oil boiler that fills the house with oil smells, showers that cannot provide hot showers because of piping problems), does the renter have the right to break the agreement.
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What type of contract is it?
Customer: replied 1 year ago.

assured shorthold tenancy of 23 months. If we broke now, with notice, we would be breaking after 11 months


 

Expert:  Jo C. replied 1 year ago.
Is there no break clause under the AST at the 12 month point?
Customer: replied 1 year ago.

No, we asked for 11months when we negotiated because we were signing (sudden move) at end of Aug. We could not risk a move forced on us just before the start of the school year. They refused.

Expert:  Jo C. replied 1 year ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I was hoping you might be able to rely on a breakclause but clearly not so here.

Unfortunately, there is no duty to disclose things of this nature. As long as the heating system is working and providing heat that is the extent of the landlord's responsibility.

On a more positive note though, if you do decide to leave early then, although you would be acting unlawfully and liable for a certain period, the landlord is under a duty to mitigate his loss by seeking another tenant and he will not get forever to achieve that. Most likely he would just keep your deposit although obviously that is not attractive.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64456
Experience: Over 5 years in practice.
Jo C. and other UK Property Law Specialists are ready to help you

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