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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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can I break my lease Im in an AST, moved into the property

Customer Question

can I break my lease? I'm in an AST, moved into the property in October and have had to call the landlord 4 times to bring things up to standard. I'm wondering if the landlord has obtained an EPC for the home as we have spent £560 on heating since we moved in and 2 weeks of this we were on holiday. We now have a condensation problem in the bathrooom, a leaking radiator, lights in dining room that don't work feel as if this is just going to go on and on please help!!!
Submitted: 7 years ago.
Category: UK Law
Expert:  Thomas replied 7 years ago.

HiCustomer

 

Thank you for your question.

 

Unless the disrepair of the property is such that the property could be said to be uninhabitable then you will only be able to termainate in accordance with the terms of the AST. If you suspect it is uninhabitable then I would suggest contactin the environmental health department of your local authority. They can issue an enforcement notice and you will be able to treat that as sufficient evidence that the landlord has repudiated the AST and you can therefore terminate.

 

As to disrepair, issue a formal notice of disrepair on the landlord asking him to complete the specific repair works within a reasonable time (14 days), failing which you will complete them yourself and seek to claim the expense from him and are willing to issue a claim if necessary. You can issue a claim yourself through www.moneyclaim.gov.uk

 

If you're that desperate to get out you could of course withhold rent until the landlord serves a notice for possesion on you, though your deposit could be at risk and he will almost certainly sue you for the outstanding rent (and his costs).

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Customer: replied 7 years ago.
Thomas, thanks for the reply. What about if the property has no EPC? I believe that this is now a statutory requirement? Is there anywhere that you can check if your property has one? The reason I ask is the landlord is planning to knock our house down to build a new development, I'm sure this property does not have one, can I not break the lease because of this omission?
Expert:  Thomas replied 7 years ago.

Gb1976s,

 

EPC's are required by regulations when a landlord rents out his property and he runs the risk of being fined for not having one, but it is not a repudiatory breach of contract that would entitle you to treat the contract as discharged. You can use it as leverage and throw your weight around a bit but he likely knows you cannot terminate because of it.

 

I'd prefer to have better news for you, but if this has clarified please kindly click accept.

 

Tom

 

 

 

Thomas and other UK Law Specialists are ready to help you
Customer: replied 7 years ago.
thanks thomas
Expert:  Thomas replied 7 years ago.

You're welcome, thank you for the kind accept.

 

Good luck.

 

Tom