Right to repairs
Question
My rented flat was broken into and a window was broken during the break-in. This happened a couple of months ago and, although the landlord initially sent a handy man round to board the window up, nothing has been done since.
I've asked over and over again for the window to be replaced but I've just been ignored. Has my landlord broken the terms of my tenancy? Can I just leave the property? I just want to move out now, as it doesn't look like it's going to get any better.
Answer
Most people who rent privately and don't share accommodation with their landlord are assured shorthold tenants and the following information is based on this. If you think you might have a different type of tenancy, you can get further advice from your local Housing Aid Centre or Citizens Advice Bureau (CAB).
Your landlord has a legal responsibility to keep certain things in your property in good repair. This includes windows, except where the damage is caused by the tenant. Legally, your landlord should carry out repairs within a reasonable amount of time. Unfortunately, the law doesn't define what a reasonable amount of time is, so it will depend on the situation. If your landlord doesn't carry out the repairs, there are several things you can do to force them to do so.
Before taking any action, bear in mind that landlords will often choose to evict tenants rather than sort out any problems. Assured shorthold tenants can be evicted quite easily, but the landlord must follow the correct legal procedures.
If you want to leave the property, it's important to remember that if your tenancy isn't ended properly you could still be liable to pay the rent until your landlord finds another tenant for the property.
If you have a fixed term tenancy you can leave on the last day of the fixed term. You don't have to tell your landlord you plan to leave but it's a good idea to do so. Good communication between a landlord and tenant can often help things to go smoothly, especially if you have paid a deposit.
If you want to leave before the end of the fixed term, you should check your tenancy agreement to see if it allows you to do so. Some fixed term tenancy agreements state that tenants are allowed to give notice and end the tenancy early. This is known as a 'break clause'. If your tenancy agreement doesn't have a break clause, you can only leave early if your landlord agrees. If your landlord does agree, it's worth getting their agreement in writing.
If you choose to leave the tenancy early when you don't have the right to, you will continue to owe rent to your landlord. Your landlord is entitled to take court action to claim this rent money from you. They can do this up to the time when you would have been able to end the tenancy. Your landlord can only get this money from you if it hasn't been possible to let the property to another tenant during the time you were supposed to live there. The court will decide whether you should pay your landlord the money or not.
You may be able to make a counter-claim if you believe that your landlord is in breach of their repairing obligations. If you'd like to get further information and advice about this, the Community Legal Service (CLS) provides a database of local legal advisors.
If your tenancy agreement has already expired, you'll be a periodic tenant instead of fixed term tenant. If this is the case, the rules for ending the tenancy are different. You'll need to give at least 28 days written notice or a calendar month if you pay your rent every calendar month. The notice must usually expire on the day your rent is due or the day before. It's important to get the dates right, so you might want to get help with this from an advisor.
If you need further help getting the repair sorted out, or with ending your tenancy, you can contact a local advice agency for advice and information.
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Question answered by Shelter
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