Is my landlord in breach of contract

[NickHoll]

I have signed a 12 month tenancy agreement, I am now 6 months in and have reported varoius faults to the managing agent including structural problems.
The cooker has a gas safety certificate but no safety chain.

I have put the faults in writting in january and had a face to face meeting with the agent. Nothing has been done.

Are they in breach of contract if so can I vacate the property with no obligation to pay rent until the end of the lease perios?

Thanks

[charitynjw]

Re: Is my landlord in breach of contract

http://www.legislation.gov.uk/uksi/1...lation/36/made
The Gas Safety (Installation and Use) Regulations 1998

Regulation 36


(2) Every landlord shall ensure that there is maintained in a safe condition—
(a)any relevant gas fitting; and
(b)any flue which serves any relevant gas fitting,
so as to prevent the risk of injury to any person in lawful occupation or relevant premises.
(3) Without prejudice to the generality of paragraph (2) above, a landlord shall—
(a)ensure that each appliance and flue to which that duty extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety (whether such check was made pursuant to these Regulations or not);
(b)in the case of a lease commencing after the coming into force of these Regulations, ensure that each appliance and flue to which the duty extends has been checked for safety within a period of 12 months before the lease commences or has been or is so checked within 12 months after the appliance or flue has been installed, whichever is later; and
(c)ensure that a record in respect of any appliance or flue so checked is made and retained for a period of 2 years from the date of that check, which record shall include the following information—
(i)the date on which the appliance or flue was checked;
(ii)the address of the premises at which the appliance or flue is installed;
(iii)the name and address of the landlord of the premises (or, where appropriate, his agent) at which the appliance or flue is installed;
(iv)a description of and the location of each appliance or flue checked;
(v)any defect identified;
(vi)any remedial action taken;
(vii)confirmation that the check undertaken complies with the requirements of paragraph (9) below;
(viii)the name and signature of the individual carrying out the check; and
(ix)the registration number with which that individual, or his employer, is registered with a body approved by the Executive for the purposes of regulation 3(3) of these Regulations.
(4) Every landlord shall ensure that any work in relation to a relevant gas fitting or any check of a gas appliance or flue carried out pursuant to paragraphs (2) or (3) above is carried out by, or by an employee of, a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of regulation 3(3) of these Regulations.*


*Must be on the 'GasSafe' register

[labman]

Re: Is my landlord in breach of contract

Private renting : Directgov - Home and community

Is this any use?

[bluebottle]

Re: Is my landlord in breach of contract

From what I know of this particular area, a landlord has a legal duty to ensure that a property is fit for human habitation (enforced by Environmental Health Officers(EHOs)). You also say there are structural problems. Are these sufficient to render the building unsafe to occupy or for the building to amount to a dangerous structure? You may wish to speak to your local authority about this as they have the power, in certain circumstances, to order a landlord to carry out repair work and, in serious cases, to impose a Compulsory Purchase Order (CPO) on the property. The managing agent has, on the face of it, been grossly negligent. If the agent has failed to notify the landlord of the issues you have raised, both landlord and managing agent could be in trouble.

[NickHoll]

Re: Is my landlord in breach of contract

Hi Guys thanks for the initial feedback.

The property appears to have subsidence at the rear and a drains issue as a result also outside trellacing is in a dangerous state of repair I do not allow my children outside in the garden as a result. Last week a badliy fitted bath caused a large leak through the kitchen ceiling. The gas certificate was issued for the cooker without a safety chain been in place and has still not been sorted.

I originally made the complaints in writing in january and have also had a meeting with the agent but things still have not been sorted.

Do you think i will be liable if I vacate the property before the end of the lease?

[bluebottle]

Re: Is my landlord in breach of contract

Hi Guys thanks for the initial feedback.

The property appears to have subsidence at the rear and a drains issue as a result also outside trellacing is in a dangerous state of repair I do not allow my children outside in the garden as a result. Last week a badliy fitted bath caused a large leak through the kitchen ceiling. The gas certificate was issued for the cooker without a safety chain been in place and has still not been sorted.

I originally made the complaints in writing in january and have also had a meeting with the agent but things still have not been sorted.

Do you think i will be liable if I vacate the property before the end of the lease?

The first thing I would do, Nick, is contact your local authority as a matter of urgency. They should be able to advise you as to what would be the best way to deal with the issues you raise. The subsidence and drains problems could be public health issues, which would be of interest to EHOs, as would the issue you mention with the gas cooker.