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Breach of contract by landlord

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  • Breach of contract by landlord

    Hello,
    I’ve signed fixed term tenancy agreement with my landlord last year for a 9 bedrooms house in Coventry, which is 5200 GBP per month and the contract will start from 15/9/2019. In the agreement, the landlord is supposed to convert a double garage into two en-suite bedrooms and adding two toilets to two of bedrooms by April 2019, he fail to do that.
    In fact, the work has not even begun so far and I believe it won’t be finished before 15/9/2019. So I wonder if there is any law action I can do now? It is quite urgent as the rooms are not ready, landlord refuses to communicate and the contract is about to start. If the landlord stay missing on 15/9/2019, can I call police to attend to this matter? Thanks.
    Tags: None

  • #2
    It's not a police matter.

    Without sight of the contract, I can only make some general observations:

    The other party to the contract has failed to do the work necessary for his proper performance of the contract.He has, therefore shown that he does not intend to be bound by it's terms. Repudiation, in law.

    You accept that repudiation, so the contract is at an end.

    In consequence you are entitled to be refunded any money you gave to the other party as a term of the contract. You are also entitled to be compensated for consequential loss.

    Comment


    • #3
      9 bedrooms- wow that is a big house and it is also a great deal of rent , more than £500 per month per room. Are you perhaps a student at Coventry - if so why not talk to the university and see if they can help

      Comment


      • #4
        Thank you guys for answering, there has been an update.

        the landlord says he can only convert the garage into one ensuit- bedroom, it was supposted to be two ensuit-bedroom. And move the one who can no longer live in the garage converted bedroom to the loft of the house without reducing any rent, no one likes to live in the loft.

        Moreover, he says he can't finish adding the toilet to the first floor bedroom before contract starts, as there is tenant living in that room and that tenant is not willing to let him do the work. My contract starting on 15/9/2019, I don't want to trust him, I don't even think he will add the toilet at all even the contract starts. I think he is going to charge us the same rent without adding toilet to first floor and forcing the girl to loft.

        I've contacted solicitor, they are charging me £250 to open the case and £200 to discuss this matter, and I search onlibe if this go to court, the solicitor's fee will be up to £10000, and the money I claim is bery likely not enough to cover the cost. Canceling contract is not an option as we cant find another house to stay in such a short time, may be we can let the girl forced to loft to go? So what should I do guys? Are there anything I can threaten the landlord, like he probably don't pay personal income tax?

        Comment


        • #5
          Your usage of the word 'threaten' is unfortunate. to say the least of it. Your proposed landlord's tax affairs with HMRC have nothing to do with you.

          The existing tenants in what seems to me to be a HMO, are quite entitled to refuse to be inconvenienced by their landlord's proposed building works, aimed at fulfilling his contract with you.

          I assumed from your first post that the premises were to be used by you and your extended family. I am now beginning to question that assumption.

          Are you, perhaps, an entrepreneur, who intends to rent out rooms in the building as a commercial enterprise?

          If you are, then, no doubt you are fully appraised of your obligations in law, to your tenants, the local authority, and HMRC, and other statutory bodies.

          Insofar as the dispute is concerned, I have given you my advice in my reply to your initial post and as you now have decided to consider taking professional advice, but cavil at the cost, I would simply add that your expenses, if you are an entrepreneur, are allowable items in your tax return to HMRC.

          Comment


          • #6
            If you are not a family and the house has 9 bedrooms it is a licensable HMO. I would toalk to coventry council as they can order the work done and fine the landlard large sums of money.

            Comment


            • #7
              The council will not get involved in a contractual dispute, which is what this is about.

              The poster seems to me to be trying to find a way to force the landlord to comply with his contractual obligations, by attempting to "threaten" him - the poster's word, with the police, HMRC and potentially now, the Council. I do hope that he does not act on that last - it wastes the taxpayer's money.

              The proper legal route is that which I explained in my opening post on this matter. The poster cavils at the cost of retaining a solicitor, to act for him, but his pocket seems to be deep enough to afford a monthly rent in the eye watering amount of £5,200.

              In such circumstances it is tempting to refer the poster to the reply in Arkill v Pressdram [1971] P.E. 29 Aril 1971.



              Comment


              • #8
                Originally posted by efpom View Post
                The council will not get involved in a contractual dispute, which is what this is about.

                The poster seems to me to be trying to find a way to force the landlord to comply with his contractual obligations, by attempting to "threaten" him - the poster's word, with the police, HMRC and potentially now, the Council. I do hope that he does not act on that last - it wastes the taxpayer's money.

                The proper legal route is that which I explained in my opening post on this matter. The poster cavils at the cost of retaining a solicitor, to act for him, but his pocket seems to be deep enough to afford a monthly rent in the eye watering amount of £5,200.

                In such circumstances it is tempting to refer the poster to the reply in Arkill v Pressdram [1971] P.E. 29 Aril 1971.


                Maybe your sarcasm and reference to Pressdram are perhaps unhelpful. From reading the post I would suspect that English may not be the posters first language. There are very many overseas students in Coventry.

                9 bedroom houses are few and far between in Coventry , which is why I wondered if this was a student let. If so it would be a house of multiple occupancy and the council might indeed get involved. If it a student let, my advice to talk to the university stands

                Comment


                • #9
                  This is about the same matter - false flag?

                  https://legalbeagles.info/forums/for...during-tenancy

                  Comment

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