Question for the Landlords on here.

conny · 4 Aug 2015

I am in an Assured Short Tenancy rented property.
The lease is due for renewal on 22nd Oct this year but we are planning on moving out at the end of August. We are willing to fulfil our obligation of paying the rent to the end of the lease but the letting agency are saying we will also be responsible for the upkeep and security of the property until that date along with the utility bills and Council Tax.

As far as I am concerned when we give the keys back at the end of August, and given the utility companies final readings of the meters, then our obligations for anything else cease.

How can we be held responsible for the security of the place when we are living elsewhere and do not have access to the property?

What are your views on tenants leaving before the end of the lease date, bearing in mind they agree to pay the full rent outstanding?

freddiemercurystwin · 4 Aug 2015

Because nowadays landlords have to pay for council tax even though the property is empty. Up until a year or two back if a tenant vacated the property the council would give 3 months or so grace whereby they did not charge for CT, not so now. The utility bills will be negligible but the council tax is not. If the property is let before the end of your lease expiration then obviously liability switches to the new tenants.

OwainDIYer · 4 Aug 2015

conny said:
How can we be held responsible for the security of the place when we are living elsewhere and do not have access to the property?

Because you agreed when you took on the tenancy that you would be responsible for the property, including utilities and council tax, until the end of the tenancy. In exchange for that, you were given security of tenure for the duration of the minimum period of the tenancy.

Simply returning the keys does not end the tenancy - in fact depending on the terms of the tenancy it is likely that it will continue on a periodic basis after 22 October unless you give specific notice of your intention to quit. So if you don't give your landlord formal notice before 22 Sept you could remain liable for rent and utilities into November (for 1 month notice effective from 22 Oct).

conny · 4 Aug 2015

I can understand the CT point but once I have left a property in the past I have never been responsible for the utility bills or the security of the property. It was even mentioned that we may have to continue mowing the grass regularly until the end of the tenancy!

EFLImpudence · 4 Aug 2015

Are you still in the initial six months of a six month tenancy agreement?

conny · 4 Aug 2015

We have told letting agents that we are moving before the end of the lease due to the insurmountable problems we have had with the plumbing/heating.

The final straw came today when we reported water dripping into the dining room from the area of the en-suite.
We reported it yesterday, plumber turns up today and, to cut a long story short, climbed into the loft, poked a miniature camera down the wall void where the shower pipes run and said the bathroom wall has to come down as the leak is behind it. Both bathroom and en-suite walls are fully tiled, my house sharer is physically disabled and cannot use a bath and her son is autistic and double incontinent and needs two or three showers a day.

We can't live in a house without the amenities we specified in the rental agreement and we can't live here when they rip walls down. Hence the reason for getting out 2 months before the end of the tenancy.

conny · 4 Aug 2015

EFLImpudence said:
Are you still in the initial six months of a six month tenancy agreement?

Into the 16th month of an 18 month contract.

EFLImpudence · 4 Aug 2015

That's unusual.

Was it you at the start who wanted eighteen months?

WalksWithTurkeys · 4 Aug 2015

It sounds like the landlord might be in breach of contract, hence you have a let out. Citizens Advice or whatever they are called today can be helpful.

bernardgreen · 4 Aug 2015

Contact Citizens Advice Bureau for contact details of the local housing enforcement officers. The HEOs might be able to assist you in terminating the tenancy without you having to pay the rent / bills from the date you vacate on the basis that the property is no longer suitable for your needs. They might suggest to the landlord that he agrees to that to avoid any risk of further problems that might be discovered if they did a random inspection of the property.

conny · 4 Aug 2015

Yes, the house looked ideal when we looked around it so we opted for the 18 months instead of the 12.
If we had been told about the plumbing/heating being a bit dodgy and the fact the garage flooded in heavy rain then w would not have taken it.

Thanks for the suggestion WWT. Will look into that more closely.

conny · 4 Aug 2015

Thanks Bernard.
Will look into this also.

HawkEye244 · 4 Aug 2015

As others have said if this terrible landlord has not met his obligations under the agreement and allowed the property to fall further and further into disrepair, there's no reason why you should continue paying rent or bills.

Remember to take photos of the gas, eletric and water with a time stamp and pay the oustanding balance up until that date.

Personally I'd leave the council tax to one side for now as that can be sorted once you get more clarity on the situation

EFLImpudence · 4 Aug 2015

Oh yes. I missed the post about all the faults.

big-all · 4 Aug 2015

how long have your problems been going on ??
how many times over what period off time have they been reported??
what action has the landlord taken to remedy the situation ??

Question for the Landlords on here.

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