Carpet concerns
Question
I've been renting my flat through an agency for the last two years. My tenancy is due to expire in five months but I'd like to know if I could get out of it before that.
I really want to leave because the flat above has had a water leak which has come through my ceiling, down the wall and has got into the carpet. It's beginning to smell and the electrics in the bathroom have been affected and could well be dangerous.
I've contacted the estate agent to get the landlord to do something but they keep fobbing me off. It's become a bit complicated because the agency wants the landlord to sort it out and the landlord wants the property managers to deal with it.
Isn't it the responsibility of my landlord or the estate agents to sort out? Surely they have a duty to make sure there's a clean carpet and the electrics are safe? Please help, my flat is disgusting at the moment.
Answer
Most people renting privately who don't live with their landlord are assured shorthold tenants. The following advice is based upon this. If you think you have a different type of tenancy, it's important to seek alternative advice.
The contract you have should set out who's responsible for different repairs in your flat. Normally, the landlord will be responsible for replacing any furniture, carpets or appliances they provided if they are damaged or dangerous to use through normal wear and tear. Although the smell of damp may be highly unpleasant, if the carpet itself is in good repair, the landlord is under no obligation to replace it.
If the smell is really bad, you could replace the carpet yourself. If you want to do this, you'll need to get your landlord's agreement in writing beforehand. To avoid disputes when you move out you could also store the original carpet safely and replace it when you leave. Otherwise you would be disposing of his property. If you signed an inventory when you moved in, it might be a good idea to ensure the odour is mentioned on it. The estate agent should sign the amended inventory, ensuring you won't be blamed for the damage to the carpet when you leave.
Your landlord is also responsible for most basic repairs; including repairs to the electrical wiring in your home. If you're concerned about the safety of the wiring, you can contact the Health and Safety Executive (HSE) on 0845 345 0055 for advice and guidance. If, after speaking to the HSE, you have reason to believe the electrics are unsafe, you can get further advice from a local agency to help you decide what action to take.
Unfortunately, even if your landlord has broken his obligations towards you, this doesn't give you the right to end your agreement. However, you may have some options. If you want to end your tenancy before the remaining five months is up, you can do so if your agreement has a break clause or if your landlord agrees.
A break clause allows you to end the tenancy before the fixed term runs out, usually by giving some notice. Your agreement will state whether you have a break clause or not. If you don't, you can only end your tenancy early if your landlord agrees. It's always best to try to negotiate with the landlord first. He may prefer to release you from your contract rather than face the other problems. If your landlord agrees then try to have this confirmed in writing.
It's important you end your tenancy properly. If you choose to leave the tenancy early when you don't have the right to do so, you will continue to owe rent to your landlord. Your landlord is entitled to take action to claim this money from you. They can do this up to the time when you would have been able to end the tenancy. Your landlord will only be able to get this money from you if it hasn't been possible to let the property to another tenant during the period you were supposed to live there. Fixed term tenants can be held responsible for the rent until the end of the fixed term. In your case, this would be for the next five months.
Another option may be to see if you can get someone else to move in and take on their own tenancy. This would have to be done with the landlord's permission.
If you would like further advice and information, you can contact Shelter on 0808 800 4444, or visit your local Citizens Advice Bureau (CAB). An advisor will be able to talk through your options in more detail and help you decide which course of action is best for you.
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