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Tips on breaking UK lease agreement - The Beast1 - 10-05-2015
Greetings everyone,
I seem to have found myself in a pickle. I recently moved into a new apartment with three Spaniards. When I first met them and interviewed with them they seemed very nice and friendly. I enjoyed talking with them and they seemed like they'd be fun to live with. I was told that I would need to go through my one room mate for discussions with the landlord since he doesn't like to be bothered.
Fast forward almost 4 days into the lease, I send a text message to my one room mate about getting our dish washer and oven fixed both of which are on their last legs.
Long story short, Spanish woman says that it is unreasonable to expect the landlord to fix the oven as their are many other things ahead of it that are more important and need to be fixed. I refuse and ask why she hasn't given a list to the landlord and ask for all of them to be fixed as this has been done previously when I had problems with my apartment in every situation. Apparently she staggers repairs to keep the landlord happy? It really doesn't make any sense.
She also refuses to let me contact the landlord. I even went so far as to ask my neighbor who also has the same landlord. He called him and the landlord went so far as to REFUSE to have him give me his number saying I need to go through my room mate.
Frankly I am fed up and after our exchange which I have saved she said some not nice things to me. I don't trust the safety of my belongings and am trying to GTFO as quickly as possible.
I've contacted and scheduled time with an attorney who specializes in contract disputes tomorrow to see what my options are. I've reviewed my contract and it does not have a break clause. However my room mates discussed that if I wanted to move out I would need to give them 2 months notice. Frankly I don't want to stay here for 2 months and want to leave as quickly as possible.
As I've said, i'm meeting with an attorney to see what my options are tomorrow. However, if there are any UK gents who have any tips I would greatly appreciate it.
Thanks everyone.
Tips on breaking UK lease agreement - PeruLover12 - 10-05-2015
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Tips on breaking UK lease agreement - The Beast1 - 10-05-2015
I paid 590 pounds in as my deposit. Frankly I don't care to get it back if it means I can leave immediately. I don't feel safe here.
Are there any consequences such as a ding on my credit or getting sued for the remained of the lease?
Tips on breaking UK lease agreement - Foolsgo1d - 10-05-2015
Get yourself a solicitor/lawyer who specialises in lease agreements, landlord & tenant law.
There are requirements both the leasor and leasee must abide by. If one breaks the clause then the contract can be seen to be void at common law. Been a while since I took it up.
It is a messy process and the landlord sounds like he will give you a hard time which a good legal advisor should see a mile off if you have evidence to prove.
If all else fails you may have to sub-let your contract (if it allows) to another person and have them pay off what you owe.
There are plenty of cases you can look up with regards to lease agreements. Pretty easy to learn the basics so I would do that for now until you get legal advice.
Tips on breaking UK lease agreement - The Beast1 - 10-05-2015
Quote: (10-05-2015 03:31 PM)Foolsgo1d Wrote:
Get yourself a solicitor/lawyer who specialises in lease agreements, landlord & tenant law.
There are requirements both the leasor and leasee must abide by. If one breaks the clause then the contract can be seen to be void.
It is a messy process and the landlord sounds like he will give you a hard time which a good legal advisor should see a mile off if you have evidence to prove.
If all else fails you may have to sub-let your contract (if it allows) to another person and have them pay off what you owe.
One step ahead of you. Called a lawyer and scheduled an appointment for tomorrow.
Tips on breaking UK lease agreement - porscheguy - 10-05-2015
Consider whatever money you've paid already to be long gone. Pack your shit and leave. If they expect more, tell them to eat a dick. If you've got a lot of stuff and are worried that they may fuck with you if you attempt to leave, find some friends to help you move out, or find some day laborers. If your checks have been cashed the money is probably gone and getting it back will probably be more trouble than it's worth. If they haven't been cashed, you can call the bank and have them do a stop payment.
Tips on breaking UK lease agreement - Foolsgo1d - 10-05-2015
Quote: (10-05-2015 03:33 PM)The Beast1 Wrote:
Quote: (10-05-2015 03:31 PM)Foolsgo1d Wrote:
Get yourself a solicitor/lawyer who specialises in lease agreements, landlord & tenant law.
There are requirements both the leasor and leasee must abide by. If one breaks the clause then the contract can be seen to be void.
It is a messy process and the landlord sounds like he will give you a hard time which a good legal advisor should see a mile off if you have evidence to prove.
If all else fails you may have to sub-let your contract (if it allows) to another person and have them pay off what you owe.
One step ahead of you. Called a lawyer and scheduled an appointment for tomorrow.
But does he specialise in landlord & tenant law? Contracts?
Do not pack your stuff up and leave. The landlord can dick you with a court order for arrears you owe which could be the entire contract in a lump sum.
Tips on breaking UK lease agreement - The Beast1 - 10-05-2015
Quote: (10-05-2015 03:47 PM)Foolsgo1d Wrote:Yes I found an attorney locally who specializes in such disputes. That's particularly what I am afraid of hence why I reached out to find one.
Quote: (10-05-2015 03:33 PM)The Beast1 Wrote:
Quote: (10-05-2015 03:31 PM)Foolsgo1d Wrote:
Get yourself a solicitor/lawyer who specialises in lease agreements, landlord & tenant law.
There are requirements both the leasor and leasee must abide by. If one breaks the clause then the contract can be seen to be void.
It is a messy process and the landlord sounds like he will give you a hard time which a good legal advisor should see a mile off if you have evidence to prove.
If all else fails you may have to sub-let your contract (if it allows) to another person and have them pay off what you owe.
One step ahead of you. Called a lawyer and scheduled an appointment for tomorrow.
But does he specialise in landlord & tenant law? Contracts?
Do not pack your stuff up and leave. The landlord can dick you with a court order for arrears you owe which could be the entire contract in a lump sum.
Tips on breaking UK lease agreement - H1N1 - 10-05-2015
Trained as a lawyer in the UK, never practised but have dealt with a lot of landlord disputes for friends.
The great thing about landlords is that they are a bunch of fucking pirates, which means that most of them are in breach of the contract many times over. No landlord wants a legal fight when he can easily replace you with another tenant. Lawyers fees could easily run him £200 per hour outside London - ie your entire first month's rent gone in a couple of hours. It's not in his interests to make a fuss.
A stroppy letter from your lawyer demanding instant mutual termination, with a few areas mentioned where the landlord has failed to perform his duties, should quickly get you to a point you can draw a line under it and move on. EG if you paid the deposit more than 2 weeks ago, the landlord should have put the deposit in a special government backed account and given you written notice of where it is being stored. If he has failed to do so, as most landlords do, then that is a serious breach. As with most legal matters, it should mostly be a matter of making his life difficult until he agrees to your demands.
Tips on breaking UK lease agreement - Lizard King - 10-05-2015
I think there will be some organisations who will offer you free advice. Possibly Shelter 0344 515 1860
Sounds like you have every reason to leave and claim your deposit back. Don't do anything rash, get some good advice and proceed as they suggest,
Tips on breaking UK lease agreement - Benoit - 10-05-2015
Quote: (10-05-2015 03:54 PM)The Beast1 Wrote:
Yes I found an attorney locally who specializes in such disputes. That's particularly what I am afraid of hence why I reached out to find one.
Your deposit should also be in an accredited protection scheme https://www.gov.uk/deposit-protection-sc...s/overview
It it's not, that's another mark in your favour.
Tips on breaking UK lease agreement - The Beast1 - 10-05-2015
Quote: (10-05-2015 04:01 PM)H1N1 Wrote:
Trained as a lawyer in the UK, never practised but have dealt with a lot of landlord disputes for friends.
The great thing about landlords is that they are a bunch of fucking pirates, which means that most of them are in breach of the contract many times over. No landlord wants a legal fight when he can easily replace you with another tenant. Lawyers fees could easily run him £200 per hour outside London - ie your entire first month's rent gone in a couple of hours. It's not in his interests to make a fuss.
A stroppy letter from your lawyer demanding instant mutual termination, with a few areas mentioned where the landlord has failed to perform his duties, should quickly get you to a point you can draw a line under it and move on. EG if you paid the deposit more than 2 weeks ago, the landlord should have put the deposit in a special government backed account and given you written notice of where it is being stored. If he has failed to do so, as most landlords do, then that is a serious breach. As with most legal matters, it should mostly be a matter of making his life difficult until he agrees to your demands.
Unfortunately it seems that he did deposit it into a deposit protection scheme (depositprotection.com) but I have no record of the account yet. It's only been 4 days into my lease and I paid the 1st month and deposit about 2 weeks ago. My copy of the lease is missing one of the tenants signatures but the actual executed copy should have his signature on it. Don't know if that counts or not.
Like I said, i'm getting ready to pay 231 pounds out to a lawyer for an hour of his time. I'm incredibly nervous this will drag on and since i'm a foreigner in a different country and I'm afraid of being financially ruined if the landlord decides to be a dick. I really don't need this right now as work just started getting super difficult.
H1N1 thanks for your advice. I'm nerved to kingdom come right now.
Tips on breaking UK lease agreement - PeruLover12 - 10-05-2015
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Tips on breaking UK lease agreement - NewMeta - 10-05-2015
Some landlords/property management companies offer a termination fee to break the contract especially student accommodation.
My experience with property is as such, landlords will not be arsed to take you to court if you do not pay your rent. They would much rather cut their losses and replace you because the process takes years to go though completely.
So if you are willing to take the risk this is what a friend of mine did. Call the landlord and say you have come under tough financial times and that you may not be able to pay the rent and that he should start looking for a replacement because you are unsure you will be able to keep up. Sure enough proceed to not pay rent and continue to state that you cant, it forces them to find a replacement for you because obviously they are losing easy money at this point.
It's not immediate but it at least attempt to get you out of there by some point, you will lose your deposit though.
Tips on breaking UK lease agreement - Lizard King - 10-05-2015
Beast. You don't need to pay a penny. Contact Shelter tomorrow, they will advise you for free.
Tips on breaking UK lease agreement - The Beast1 - 10-05-2015
Thanks Lizard king, I will call them tomorrow before my appointment.
Also, I should add that the oven partially works. There's two bays for heating in and the one that works is the upper one but is significantly smaller than the big one. Real pain in the ass to us.
Dishwasher also works, but the front panel breaks off exposing the circuitry underneath if you try and open the dishwasher door. It also leaks water all over the kitchen floor. She told me that people shouldn't open it so hard and it wouldn't be a problem.
I was told that there's also many other things that need to get fixed that i'm unaware of and that the oven won't get looked at for a while. Frankly I find this bullshit and expect 100% working appliances or else I wouldn't have bothered staying.
Expecting this isn't unreasonable correct? This woman I get the impression is used to men rolling over for her. Not going to do that.
Tips on breaking UK lease agreement - porscheguy - 10-05-2015
If the lease states working appliances, then the appliances should operate as designed without having to employ trickery and whatnot to make them function. At least that's how it works in this state in the US. In all likelihood, the landlord probably isn't going to make a big deal out of this if you're willing to walk away and consider the money gone. He'll just find another tenant, and get another security deposit and first months rent paid.
Tips on breaking UK lease agreement - Saweeep - 10-05-2015
I'm with H1N1 on this one.
Most landlords are businessmen. They aren't going to fight this for a loss, especially if they are in the wrong and don't care. Sensible businessmen don't try and gain pyrrhic victories.
My sister is a typical early 30s City corporate lawyer (you all know the type). I suspect she only left the UK due to being blacklisted by every landlord in the country for bullying them
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Tips on breaking UK lease agreement - Lizard King - 10-06-2015
I think the lawyer you plan to see is rubbing his hands with glee at the prospect of charging you £231 for a consultation that will take 10 minutes. Save yourself some money and speak to Shelter instead, they are the largest housing related charity in the UK, and have people working for them that specialise in housing/tenancy law. They deal with situations like yours everyday.
Best of luck, and let us know how you get on.
Tips on breaking UK lease agreement - worldtraveler3 - 10-06-2015
I understand the BEST option is probably to just pack up and leave, like the majority of the posters suggested.
You loose the deposit, but they will probably find another tenant as well to replace you, sooner or later considering its London, fair enough.
But.
Is there a way to get some money of the deposit back? (assuming the landlord didnt breach contract, for example, the appliances were pretty much working, etc)?
Tips on breaking UK lease agreement - Lizard King - 10-06-2015
The best option is NOT to leave.
The best option is to be patient, follow advice from experts and leave with deposit when the matter is sorted.
Tips on breaking UK lease agreement - Tyler Belfort - 10-06-2015
Don't just move out, it will destroy your tenant check for future rentals.
Did you get a photographed itinerary when you moved in? I'd be more concerned of them flipping it on you that you broke those things if not. Plus if you haven't requested the repair of appliances in writing then he's going to deny all knowledge.
I'm guessing £590 is one months deposit and so that's your rental price. He won't take you to small claims court over that monthly amount. The cost/benefit isn't there. If he loses he has to pay claims fees, allocation fees and hearing fees. Plus your loss of earnings to go to the hearing, any expert fees that are called on and any travel expenses for all parties including witnesses etc. The upside if he wins is limited compared to just finding a new tenant.
Don't pay a solicitor £230 bro, stop panicking you'll be fine. You're not near that stage yet.
If it were me I'd put it in writing that I request all appliances to be fixed to a normal operating standard as per the contract or will be forced to consider legal proceedings for a breach of terms within 14 days. Alternatively you will consider a mutual termination of the contract as a gesture of good will. Keep all correspondence with the woman too and keep it as your trump card. Fear for your life trumps everything in court. Just become that annoying tenant who it's easier to get rid of than to deal with.
Not legal advice, I've just dealt with these shady fucks forever. On a commercial let I've had them try to push contracts that say the unit should be left 'as new' at the end of the contract. The building was basically falling down. Don't let them bully you, he has much more to lose in court than you.
Tips on breaking UK lease agreement - CodyB - 10-06-2015
My understanding of UK tenancy law is that it is similar to Australia.
There will be a tenancy tribunal or intermediary agency that favours heavily towards the tenant.
Your lease sounds like it is not a properly binding contract, especially if you cannot deal with the landlord directly. Chances are this is a 'slum landlord' who banks on ignorant foreigners becoming his tenants and living under his squalor. A threat to go to the relevant agency would see your bond and rent returned rather quickly.
Forget about solicitors. 590GBP will go very quickly and when you hit up your landlord for costs, he will all of a sudden be destitute or not the real owner. I'd say the latter is the case actually. He's probably leasing and subleasing at a profit.
Tips on breaking UK lease agreement - roberto - 10-06-2015
Whoa. What paperwork for this lease do you have? Have you considered the possibility that your roomates are subletting to you on the quiet, hence the attempts to keep you from contacting the landlord? Not sure if they would go to the efford of faking a contract, I just find it odd that you are dealing with one of them rather than a lettings agent.
Tips on breaking UK lease agreement - worldtraveler3 - 10-06-2015
Why does she refuse to let u contact the landlord? Sounds fishy.