my friends mum has just let a property. she was told it would be ready by last monday and would be paying rent from that date. they moved all the furniture etc from over two hundred miles away to find the house unfinished. there are live wires hanging out the walls, a gas fire that doesnt work and isnt capped off, electric sockets dont work, kitchen floor isnt covered, rent was agreed at 90 a wk, then told two days later the landlord wants 100 instead. rubbish all over the house, and a gas boiler that isnt up to standard, a security light thats on all the time that you cant turn off. can my friends mum get out of the tenancy as the landlord hasnt given a gas safety check either. he's broken the contract before the week is out. the house isnt safe to live in and she's expected to pay rent for a house she cant live in.
Answers:
If a contract has been signed the landlord is in breach - therefore your friend's mother has every right to pull out without paying a penny.
In order to increase a rent, the landlord would have needed to give at least one months notice.
Any problems with the landlord, your friend's mother should start off by consulting a solicitor then the local council - I am not sure if the council can help, but you never know.
well i wouldnt be paying rent and id certainly squeeze his little blessings until the work was done to standard and no extra rent would be paid under any circumstances
Yes of course she can.
Has she given any money over yet, deposit?
If not, then get her to look for another place to live, there's nothing that the landlord can do %26 he he threatens court action, well the judge i would imagine would look favourably on your friends Mum, after all he's the one that has broken the contract.
This guy sounds like a real idiot %26 someone ought to report him.
Hi you may wish to browse www.landlordexpert.co.uk very interesting and will help you as it did me! or citizens advise are very clued up.
Good luck
In order to answer the question in full I would need to see the agreement...but in general...the flat would need to be of fit purpose in order for the agreement to start...if that's not the case then your mother has no contract...as the flat was not fit for purpose.
If the house is "unlivable", then it is OK for your friend's mom to not pay rent until the house is "livable". Each state has its own definition of "livable". There are exposed live wires and electric outlets don't work. There is no kitchen floor. And the gas boiler is not up to code (make sure it's not "up to code" and that it can't be "grandfathered in" -- which means, if the house is not brand-new, just built, they can keep the old boiler and don't have to replace it.)
I would consider the exposed live wires and inability to use electricity due to the non-working outlets "unlivable"...If she signed a contract for $90 a week and the contract did not allow for an increase in rent during the term of the contract, then they cannot raise the rent to $100. If your friend's mom didn't sign a contract, she is out of luck on the cost of rent. Anything that isn't in writing can't be proven.
If your friend's mom does move to another place, make sure she actually sees pictures of the house inside and out and has a written guarantee that the house will have central heat, air conditioning, and any appliances she doesn't want to purchase herself, like a stove with oven, refrigerator, microwave/range hood, dishwasher and garbage disposal. Some places include the cost of water in the rent, some also include cable/Internet access. Make sure that anything your friend's mom doesn't want to provide herself is listed in the contract.
Everything must be in writing. If the move-in date was on the contract, then your friend's mom doesn't have to pay rent until the house is "livable"/safe.
If I were your friend's mom, I'd move into a hotel until the house is ready and give the homeowner the bill, because your friend's mom was guaranteed a place to live and that it would be ready by a certain date. They broke the contract by not being ready. Your friend's mom can either back out of the contract and sue the homeowners for hotel time until she can find another home, or she can start renting the house once it is ready and the contract is signed and then present the bill for the hotel. It's not your friend's mom's fault that the house wasn't ready. As long as things were in writing, your friend's mom is safe. If nothing was specifically included in the lease about the price, she's going to have to pay the $100 a week or find another place to live.
If property was mean't to be ready from a date and mum was not informed that it was not ready.and the property is unsafe to be living in eg wires ...landlord in breach of his contract. Mum should also be considering charging/suing landlord for related exspences caused by the breach(where is she staying?...what about furniture storage?). He cannot increase rent without a rent increase clause in tenancy agreement and without following certain statutory procedures. Your mum should approach the local authority for further help.or citizens advice bureau. But if i were her i would be considering the future with this landlord as in if he has let her sone before she is even in the property what does the future with him hold??
Yes, she can. She needs to contact the landlord with a list of complaints. He has broken his side of the contract - she needs to put it in writing and tell him that he has 14 days to do the jobs required or she will be taking matters further. He has also broken the agreement over the rent. Officer of fair trading at the local authority will intervene as i recall. We had a similar problem last year and it put the wind up the landlady so much she gave us notice to quit!
Go to www.shelter.org for further advice- it is very helpful- and not just for the homeless either.
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