Issue with Landlord - can we leave?

mejulie805

Hi,

We have been living in rented accommodation for almost 5 months.
The landlord has always come across as not giving a care in the world about the house.
It took us three days to clean it when we moved in, there was a shopping trolly in the back garden we had to get rid of, and all the beds were so disgusting and smelly that there was no other choice but to buy new beds ourselves. Also, the smoke alarms did not work, and the gas boiler broke and it took him >2weeks to get this replaced!

The main issue we now have is that he obviously has a key of his own, and has repeatedly let himself into the house, provided electricians/plumbers/etc with keys to come and fix things in the house that we did not report to be an issue.

We never receive notice when he comes, and he will only call when he is outside (pretending he isn't)

We are at our wits end and think its time to move out! Does anyone know where we stand here? Our problem is, if we call him up on it and basically say the lease agreement is void, can he kick us out immediately?

dory

Get onto Threshold. They're the people who can give you the best advice. Also the PRTB should be able to help you sort things out if he refuses to give back the deposit.

Just go through the lease and see all the things he has not done kept to. Any one of these should help you get out of the lease.

COYW

Sorry for asking but why did you sign a lease for a place that was in such bad condition? Anyway, take your time and read your lease again, I hope you did before you signed it! That landlord sounds like a right _. If the lease is a standard lease then it will say that he cannot simply let himself into the house when he decides. He has broken the terms of the lease.

Go to the PRTB if he refuses to give you back your deposit but be prepared for a long drawn out process with them. Hope everything works out for you.

Mountjoy Mugger

To address your main concern; he cannot kick you out immediatley. He must go through due process.

odds_on

You must first advise the landlord in writing (keep a copy) that he is in breach of the landlord obligations in the lease (quote the clause) and that unless he desists from continuing to breach the lease with immediate effect, you will leave (following a Notice of termination, duly completed in the required manner) and require your full deposit on that date.

You must give the landlord the opportunity to correct/refrain from entering the property without your consent.

You will also find the relevant clause in the RTA 2004, which must apply to all residential leases.

Treehouse72

mejulie805 wrote: »

The main issue we now have is that he obviously has a key of his own, and has repeatedly let himself into the house, provided electricians/plumbers/etc with keys to come and fix things in the house that we did not report to be an issue.

That is absolutely outrageous and is in explicit breach of most leases (certainly every lease I've ever signed forbids this). If it is not stated in your lease that this is forbidden then the lease you signed is abnormal and a pup. My bet would be that it is in contravention of the lease, assuming the LL uses a pro-forma, which most LL's do.

Also, leaving you without hot water for 2 weeks is another breach of most standard leases.

I would get on to Threshold and look to move out as soon as possible, including getting your deppsit back. The LL has likely broken 2 terms of your lease, and has in fact probably broken a third by denying you "quiet enjoyment" of your property. Get the hell away from this creep as fast as you can.

mejulie805

thanks guys- taking all that advice!
Thank god am viewing two houses this evening so fingers crossed- and at least now EVERYTHING has gone wrong so I'll never be shafted again!

JaneyMacker

mejulie805 wrote: »

thanks guys- taking all that advice!
Thank god am viewing two houses this evening so fingers crossed- and at least now EVERYTHING has gone wrong so I'll never be shafted again!

Make sure you know what you are getting into before signing anything this time.
Never sign a lease and then ask for changes.
Ask for changes before signing the lease. if they are not agreeable to the changes you want to it then you go rent somewhere else instead.

If what you are asking for is reasonable then the landlord will make the changes and you will rent the property. If they feel you are not being reasonable in what you ask for then they dont rent to you. Everybody wins.

odds_on

JaneyMacker wrote: »

Make sure you know what you are getting into before signing anything this time.
Never sign a lease and then ask for changes.
Ask for changes before signing the lease. if they are not agreeable to the changes you want to it then you go rent somewhere else instead.

If what you are asking for is reasonable then the landlord will make the changes and you will rent the property. If they feel you are not being reasonable in what you ask for then they dont rent to you. Everybody wins.

And don't take their word for any changes (especially if it is an agency - they just want the sale and will promise anything verbally), get it in writing and stating by when it will be done. Failure to adhere to this would a breach of the landlord's obligations and you could leave.

Treehouse72

mejulie805 wrote: »

thanks guys- taking all that advice!
Thank god am viewing two houses this evening so fingers crossed- and at least now EVERYTHING has gone wrong so I'll never be shafted again!

Make sure you play it by the book though. Don't just walk out until you have advice that you are within your rights and that the deposit is refundable. IMO, it's an open and shut case, but you'll need more official advice than that.