Sticky Situation with lease

Abiel

Hey Boarders!

So, I live in an apartment that I moved into about 5 months ago, I like it but sadly I'm having some issues that mean I want to flee away from the place!

Basically, I've been waiting 5 months for three major necessary appliances to be repaired (they were broken when I looked at the place, told they'd be repaired before I moved in...and then told it'd be done asap when I did move in).

It's not been done despite the Landlord saying several times it will be. I really don't want to have to go down the awkward route of paying for it and spam posing copies of the invoice - Basically I want to leave so after that long into, here's the Q

Additionally to "forgetting" to repair the appliances they also never gave me a copy of a lease to sign so, nothing has been signed. What do I have to do in terms of notice to up and leave?

Is it still 28 days or is it different when there's no lease?

Thanks in advance!

goldenhoarde

if noting is signed then there is no lease - Are you sure nothing was signed?

I months notice should be fine - use your deposit as the final month as otherwise by their actions i doubt you will get it back

Abiel

The only thing signed is a receipt for the deposit and one months rent when I initially moved in on a piece of note pad paper.

I'm definitely going to use the deposit as the last months rent! I honestly doubt I'd get it back.

Is a months notice what I'm legally required to give even without a lease?

goldenhoarde

Not sure but as you'd unlikely get the deposit back you'd be just as well to stay the moment as it would cost you either way if you don't get the deposit back.

Abiel

Well, I honestly don't mind losing my deposit if I get to leave! Pay day is soon and I like the opportunity to move and have the ability to wash and dry my clothes and cook in the place I live in asap! :P

The landlord is a disgrace, no working washing machine or oven? Presumably the tenancy is not registered with the PRTB, give the landlord a months notice.

Abiel

Yeah, the only thing that sucks is this is the first place I've ever rented so a reference is out the window *Sigh*

It's been hard having to go to friends houses to get things washed and it's a bit embarrassing.

Interestingly enough, the deposit is registered with the PTRB!

super_furry

Give a months notice, don't pay the final months rent, let him keep the deposit and leave.

Abiel

Makes me wish I'd given in my notice a few weeks ago! Sucks.

Abiel

Abiel wrote: »

...........
Interestingly enough, the deposit is registered with the PTRB!

If you have a fixed term lease the landlord could pursue you for the remaining monetary value of it. But a washing machine and oven are mandatory essentials that are to be provided so he hasn't kept his end of the bargain.

Still, if you haven't signed a lease you have no lease I suppose.

Abiel

RoverJames wrote: »

If you have a fixed term lease the landlord could pursue you for the remaining monetary value of it. But a washing machine and oven are mandatory essentials that are to be provided so he hasn't kept his end of the bargain.

Still, if you haven't signed a lease you have no lease I suppose.

Nothing was signed, no length of lease was ever discussed because the day I moved in the landlord was supposed to go and get the lease, bring it back and we'd sort all that out but that never happened

I'm kind of in limbo.

odds_on

goldenhoarde wrote: »

if noting is signed then there is no lease - Are you sure nothing was signed?

I months notice should be fine - use your deposit as the final month as otherwise by their actions i doubt you will get it back

Absolutely INCORRECT.

Ignore 'signed'/'unsigned' point; even an oral Letting Agreement can be valid.
The question is whether Landlord and Tenant have entered into a binding contract. Are there the three basic requirements present? They comprise:
1. Offer.
2. Acceptance.
3. Intention to create legal relationship- usually evidenced by contractual consideration passing.

You don't necessarily need to sign a contract to be bound by it. All you need to do is accept it; it is the acceptance that is the essential step.

As you have paid a deposit and rent for several months, a lease exists and because no lease was signed, you are thus under all the laws of a Part 4 Tenancy and the can use the advantages of the PRTB. I think a claim here would not only have the faulty items repaired or replaced but may also award you damages for the length of time without the use of essential (and obligatory) equipment.

All complaints should be submitted to the landlord "in writing" and should give the landlord a reasonable time (say one week) to fulfill his obligations. Failure on the landlords behalf allows the tenant to terminate the lease giving the appropriate number of days notice (in your case, because you have be in occupation less than 6 months the notice period is 28 days - occupation of 6 months to 1 year is 35 days notice).

Abiel

odds_on wrote: »

Absolutely INCORRECT.

Ignore 'signed'/'unsigned' point; even an oral Letting Agreement can be valid.
The question is whether Landlord and Tenant have entered into a binding contract. Are there the three basic requirements present? They comprise:
1. Offer.
2. Acceptance.
3. Intention to create legal relationship- usually evidenced by contractual consideration passing.

You don't necessarily need to sign a contract to be bound by it. All you need to do is accept it; it is the acceptance that is the essential step.

As you have paid a deposit and rent for several months, a lease exists and because no lease was signed, you are thus under all the laws of a Part 4 Tenancy and the can use the advantages of the PRTB. I think a claim here would not only have the faulty items repaired or replaced but may also award you damages for the length of time without the use of essential (and obligatory) equipment.

All complaints should be submitted to the landlord "in writing" and should give the landlord a reasonable time (say one week) to fulfill his obligations. Failure on the landlords behalf allows the tenant to terminate the lease giving the appropriate number of days notice (in your case, because you have be in occupation less than 6 months the notice period is 28 days - occupation of 6 months to 1 year is 35 days notice).

Thanks so much for all that information I don't know what to do in terms of a claim because obviously I need the reference. *Sigh* It's so awkward.

It also happens that the people I've dealt with in terms of the property, despite doing nothing promised, have been lovely.

Abiel

Just another question that is completely hypothetical.

What would happen if I gave 10 days notice instead of the legally required 28?

zeds alive

My advice , move out and don't pay the last months rent and let them keep the deposit, its illegal but I have done it I the last 3 houses I have lived in as the landlords were piss takers , not bothering to fix leaking roofs , fixing heaters(when it was -14 out side) and other shady stuff. the odds of you ending up in court are very very slim

odds_on

Abiel wrote: »

Thanks so much for all that information I don't know what to do in terms of a claim because obviously I need the reference. *Sigh* It's so awkward.

It also happens that the people I've dealt with in terms of the property, despite doing nothing promised, have been lovely.

You said that you liked the apartment - so why move out?

Follow the code, write to the landlord stating the problems and that they should be fixed within 7 days. Failure to do so and you will, regrettably, have to make a claim with the PRTB claiming damages as well as the repairs to the appliances.
That should get some action from the LL.

Do you have any written evidence that the appliances were not working at the start of the tenancy, that you have requested that they be repaired or replaced while you are in occupation - that is why it is always best to do everything in writing (keeping a copy for yourself); this is one of the great failings of tenents, they do this kind of thing by phone; text messages can be useful but nothing better than a written letter.

It is also illegal for a landlord to penalize a tenant for making a claim with the PRTB. Therefore, a reference at the end of the tenancy should be OK, if you make a claim.

You may like to quote the following in whole or in part (i.e. those parts which apply to you circumstances) which comes from
S.I. No. 534 of 2008 HOUSING (STANDARDS FOR RENTED HOUSES) REGULATIONS 2008 and the Housing (Standards for Rented Houses)(Amendment) Regulations 2009.
These Regulations require landlords of rented houses (including flats and maisonettes), ..... (i.e. where you read "house", this term also includes flats, apartments and maisonettes etc but not bedsits).

8. Food Preparation and Storage and Laundry
(1) Notwithstanding Article 4, this Article shall not apply where the house is let or available
for letting by a housing authority under Section 56 of the Housing Act 1966 (as amended) or by a housing body approved under Section 6 of the Housing (Miscellaneous Provisions) Act 1992 .

(2) Subject to sub-article (1), there shall be provided, within the habitable area of the house, for the exclusive use of the house:
(a) 4 ring hob with oven and grill,
(b) Suitable facilities for the effective and safe removal of fumes to the external air by means of a cooker hood or extractor fan,
(c) Fridge and freezer or fridge-freezer,
(d) Microwave oven,
(e) Sink, with a piped supply of cold water taken direct from the service pipe supplying water from the public main or other source to the building containing the house and a facility for the piped supply of hot water, and an adequate draining area,
(f) Suitable and adequate number of kitchen presses for food storage purposes,
(g) Washing machine, or access to a communal washing machine facility within the curtilage of the building, and
(h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.
(3) All facilities under sub-article (2) shall be maintained in good working order and good repair.
(4) Responsibility for maintenance of facilities under sub-article (2) shall rest with the landlord.

Abiel

I have my heart set on moving out now! Seen some lovely new places where all the appliances appear to work and at least this time it'd be with an agency rather than private individuals.

Ray Palmer

odds_on wrote: »

(h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.
.

To clarify that clasue is not applicable on places rented out prior to 2006. The end of this year it then applies to all property.

OP dealing with an agency is actually a little worse than dealing with an individual. Basically it means an extra layer of people to get the job done. They are notorious for not being truthful to both the tenant and LL.