what can you do to get out of a flat you're renting when you've signed a contract

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Okay, personal quandary time. I'm renting a flat in East London. It was a desperation move and despite having decorated, put in new carpets etc I HATE it and hate the idea of staying there. One of the heaters doesn't work, the washing machine is buggered, it's freezing, my downstairs neigbours are horribly noisy and the others just seem downright odd. I want out and have just phoned the agents to that end, saying I'll stay a bit longer but I want to leave. They have said I may have to pay a penalty. Can I get out of this? Serious answers please.

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 12:03 (twenty-two years ago)

Usually it is completely dependant on your contract. Some will sign you up for 6 months say & if you want out before that, you will be expected to possibly pay a fee & continue to pay rent until they find new tenants. However, if you have been there a while it is possible that you are on a month-to-month contract & in which case you can give a months notice without penalty. It's all in the contract! Email me if you need anymore help! best of luck!

Pinkpanther (Pinkpanther), Wednesday, 25 February 2004 12:08 (twenty-two years ago)

nah, it's a six-month contract and i've been there a month!

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 12:09 (twenty-two years ago)

i may have to stay

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 12:09 (twenty-two years ago)

Speak to the cab, as they may be able to advise you because basically your landlord/agent hasn't kept up their side of the contract in that the house needs attention.

Pinkpanther (Pinkpanther), Wednesday, 25 February 2004 12:11 (twenty-two years ago)

Have they offered to sort the broken WM and heater? This should be up for discussion.

suzy (suzy), Wednesday, 25 February 2004 12:12 (twenty-two years ago)

yeah, they have but i need my neighbours sorting. that's the main problem. they need to move out and nice people move in instead! the place isn't very nice but i needed somewhere to live - oh well, i guess i can handle 5 more months. it's not that long

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 12:14 (twenty-two years ago)

Noisy neighbours - your local council. Is it loudness or weirdness? Are the neighbours also the responsibility of the same landlord?

suzy (suzy), Wednesday, 25 February 2004 12:17 (twenty-two years ago)

loudness on their part. you can't get a weird abatement order, so i don't think i really have any grounds to complain there

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 12:19 (twenty-two years ago)

and yes, the agents are responsible for the whole building. i think i may just have to go away for weekends a lot.

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 12:20 (twenty-two years ago)

As I found out with mine, 6 month contracts usually don't have a break clause, but it's worth scrutinising the small print (or taking it to someone who can help you decipher the legal jargon) just in case. My hunch is that you're probably stuck there or will have to pay lots if you leave. Do you know the landlord of the neighboring flat, or have a way to get in touch with him/her? What are the neighbors doing that's bothersome--I mean, are they noisy during the day, or is it something worse?

sgs (sgs), Wednesday, 25 February 2004 12:21 (twenty-two years ago)

Speak to the agent & see what they say.

Pinkpanther (Pinkpanther), Wednesday, 25 February 2004 12:22 (twenty-two years ago)

(x-post above, sorry)

sgs (sgs), Wednesday, 25 February 2004 12:22 (twenty-two years ago)

The fact that the landlord owns the flat of noisy neighbors and that they haven't sorted out your heating/washing machine after a month would strengthen your position, for what that's worth. You have the right to use the place in 'a tenant-like manner' and that includes having things work and not being unduly bothered by neighbors renting from the same people. Look for something in your contract about the landlord's responsibilities of maintenance, etc.

sgs (sgs), Wednesday, 25 February 2004 12:26 (twenty-two years ago)

But haven't they offered to sort these things out?

Pinkpanther (Pinkpanther), Wednesday, 25 February 2004 12:27 (twenty-two years ago)

Can you not sublet it to someone equally desparate? Or even have the lease reassigned?

Matt DC (Matt DC), Wednesday, 25 February 2004 12:29 (twenty-two years ago)

Oh I see--wasn't reading closely enough upthread. I still think that a month after moving in is a little too long to wait for those kinds of things to be fixed. Or have you complained about those only recently Dave? Just trying to think of ways you could argue for your release from the contract.

sgs (sgs), Wednesday, 25 February 2004 12:31 (twenty-two years ago)

nah, i only complained a few days ago. the reassignment is a possibilty. i might ask them to put it on the market, pay the penalty and then move out. london's pretty desperate for accommodation and I've actually got the place looking about 10 times better than it did when i moved in, so it might even look vaguely decent to someone else. i'd feel a bit guilty, but what the hell.

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 12:33 (twenty-two years ago)

Dude, aslong as your outta there, I wouldn't worry!

Pinkpanther (Pinkpanther), Wednesday, 25 February 2004 12:59 (twenty-two years ago)

I'm not sure about the laws in London.. But I had a similar problem in Chicago. I got a copy of the rental law code, which was helpful.

Write a letter telling them what the problems are (including the noisy neighbors) and tell them that you want them to remedy the problems within 30 days. It really needs to be written & mailed. It's helpful if you can cite some legal crap from the code - so they know you know what the law is and what your rights are.

In my case, the burden was on the building owner to take reasonable steps to find a subletter (and advertising was at their own expense.) So I got out of the contract and got my security deposit back with interest - I think they just didn't want the headache of fucking around after I gave them all of that legal shit.

But stay cordial with them. State the facts and don't pad it with ".. and your building is ugly to boot."

dave225 (Dave225), Wednesday, 25 February 2004 12:59 (twenty-two years ago)

they're actually being quite cool about it all and although the place was shabby to begin with (the owner's responsibility) they're being v diligent about sorting the maintenance aspect. i've also mentioned the neighbours and they've said try to resolve it amicably and if we can't, they'll step in (which i'm thinking could cause serious problems so i'd rather they didn't!). the agents are basically doing everything they should, so i may just grit my teeth, and let another place as soon as the contract is up. guess i'm just being a baby, but it's not nice hating the place you live!

Dave Stelfox (Dave Stelfox), Wednesday, 25 February 2004 13:25 (twenty-two years ago)

Dave, sarah had exactly the same problem and there was a thread about that too - may be worth searching for if you haven't already.

Markelby (Mark C), Wednesday, 25 February 2004 13:26 (twenty-two years ago)

Why don't you tell them you want to move out & offer to pay the rent til they can find someone else. How much will the admin charge be?

Pinkpanther (Pinkpanther), Wednesday, 25 February 2004 13:27 (twenty-two years ago)


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