Notice period for new tenancy?

pog it

Hey there,

I signed a new 6 month lease for an apartment I've just moved into and have paid a month's rent in advance up front and am due to pay the deposit at the end of this week.

Moved in to the apartment a few days ago and the heating is not working and/or broken. Landlord was late calling out this evening to fix it and he looked at boiler and said if it's still not working this evening, he will send plumber in 'next few days'. Frankly, that is just not good enough. The weather is freezing and this should have been sorted before I moved in.

To add to the insult, they left the shower floor and washing machine dirty. When I viewed it they were still finishing up renovations and told me it would be ready when I moved in, which I accepted as it is a reputable estate agency. The landlord was completely indifferent, throwing it all over to the estate agency and I'm sat here paying for an electric heater to keep warm.

I've signed a 6 month lease but noticed on the last part of it, which refers to the Residential Tenancies Act 2004, that I can give notice of 28 days without giving grounds.

Is this true, despite my having signed a 6 month lease?

the world wonders

pog it wrote: »

I've signed a 6 month lease but noticed on the last part of it, which refers to the Residential Tenancies Act 2004, that I can give notice of 28 days without giving grounds.

Will need to see exactly what the lease says. However, in general, the fixed term in the lease takes priority over the notice provisions of the RTA, so you would not be allowed give notice.

pog it

I'm not sure that is the case.

The Residential Tenancies Act does not say that the lease has priority over it and in any case, ehy have the Act if you can't actually follow through on what it stipulates?

It seems like I can legally give 28 days notice.

There is no working heating here. Surely they are in breach of legislation here for that much anyway. He turned up over two hours late without making any apology, I had come back early to apartment to meet him, and I had postponed dinner while he was probably sitting back having his, making me wait.

D3PO

hes clearly making an effort to sort the problem. If you signed a fixed term lease then no you cannot hand in 28 days notice.

that refers to part 4 tenancies. as for legislation yes there are certain things your entitled to including heating but the landlord is also entitled to a "reasonable" period to resolve issues. Hes been out to try and fix it (you haven't even mentioned if its working since hes been out)

and if its not fixed he said he will get a plumber. He cant click his fingers and magic one up. Despite the recession tradespeople are not at peoples beck and call.

sunnysoutheast

pog it wrote: »

I'm not sure that is the case.

The Residential Tenancies Act does not say that the lease has priority over it and in any case, ehy have the Act if you can't actually follow through on what it stipulates?

It seems like I can legally give 28 days notice.

There is no working heating here. Surely they are in breach of legislation here for that much anyway. He turned up over two hours late without making any apology, I had come back early to apartment to meet him, and I had postponed dinner while he was probably sitting back having his, making me wait.

Does the lease agreement have a specific clause referring to the RTA rule regarding termination before the first six months? (most sensible landlords include this clause these days).

If so I expect you can invoke it. Bear in mind it works both ways though, so you can equally be given your notice without grounds.

I don't know the specifics of whether you can pay for the boiler etc. to be fixed yourself/go to alternative accommodation and deduct from the rent etc. Sorry.

pog it

There is also a note saying:

'Both parties agree:
Termination or continuation of the Tenancy Agreement by the Landlord or Tenant may only be made under the provisions of the Residential Tenancies Act 2004'

pog it

D3PO wrote: »

hes clearly making an effort to sort the problem. If you signed a fixed term lease then no you cannot hand in 28 days notice.

that refers to part 4 tenancies. as for legislation yes there are certain things your entitled to including heating but the landlord is also entitled to a "reasonable" period to resolve issues. Hes been out to try and fix it (you haven't even mentioned if its working since hes been out)

and if its not fixed he said he will get a plumber. He cant click his fingers and magic one up. Despite the recession tradespeople are not at peoples beck and call.

It's not working, no. And he had a good idea it wouldn't work.
It means I cannot shower either until it gets fixed.

I am a new tenant, he should have had this sorted before I moved in. It's not like it stopped working after my being here 3 months or something.

pog it

sunnysoutheast wrote: »

Does the lease agreement have a specific clause referring to the RTA rule regarding termination before the first six months? (most sensible landlords include this clause these days).

If so I expect you can invoke it. Bear in mind it works both ways though, so you can equally be given your notice without grounds.

I don't know the specifics of whether you can pay for the boiler etc. to be fixed yourself/go to alternative accommodation and deduct from the rent etc. Sorry.

Yes, it seems that it does. I've just quoted that part of the agreement form in my previous post.

Thanks for your reply. I'm absolutely freezing and woke up with a headache this morning. The night before that I had the fan heater on all night and the heat was just going out the window. Wearing a scarf, hat, wooly jumper and jacket at the mo and it's still really cold. He had the nerve to say 'Brrrrr' as he walked up the stairs.
Made no apology for calling out so late either.

Mentioned the dirty shower floor and washing machine too, and he really could not care less.