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Renting a property which is not being adequately maintained: what rights do we have to terminate?
I'm currently renting a property that has proven most unsatisfactory. We are renting from a landlord via an agency and have complained to both the agency and the landlord about the issues that we have had. One of the bathrooms was unusable for a week due to mould issues (I'm pregnant), the boiler was broken for a month, the property was filthy when we moved in and one of the toilets is still not working despite me reporting it to the agency over 7 weeks ago, the landlord directly 5 weeks ago and reminding him again 2 weeks ago. Do I have grounds to terminate the contract under section 11 of the Landlord & Tenant Act 1985? The sooner we get out of this place the better as the stress of the constant issues is affecting my health. Our contract started on the 24th of May and states " this agreement is for a minimum fixed period of six months. It is hereby agreed that either party shall be entitled to terminate this tenancy by giving the other not less than two calendar months notice to expire at the end of a period of the tenancy. The notice must be in writing and can expire no earlier than the 24th of November 2007"
You appear to be an assured shorthold tenant and consequently are entitled to the protection afforded by S.11 of the Landlord & Tenant 1985. This includes a requirement of your landlord to maintain sanitary conveniences. You may consequently have a possible claim in damages against your landlord.
Whether or not you can deem the tenancy to be at an end and leave the property is a question of degree. If your doctor advises that your health or that of your unborn baby is at risk because of the state of your property your position becomes much stronger.
You advise that one of the toilets is not working. How many other toilets are there and how many tenants use them? If there is no toilet in the property then the landlord is likely to be in repudiatory breach of the tenancy entitling you to leave. If however there are other toilets available that can be used this is unlikely to be the case.
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