Tenancy Dispute Resolution Steps

Summary

In tenancy disputes, reviewing the tenancy agreement is crucial to understand rights and obligations. Document all communications with the estate agent and tenants. Health and safety issues and unauthorized tenant changes may support your case. Efforts to find a replacement tenant can demonstrate good faith. Consulting a housing solicitor is essential for tailored legal advice and to evaluate the specifics of your case. Consider contacting Citizens Advice for additional support.

Full Conversation

We felt the trust had been broken but when I told the agency they said its between the tenants to decide. The mum then sent us pictures of the house which was not as clean as we had expected it to be. We asked if we could put locks on the door and were told no. We decided not to move our son into a place that had a health and safety issue. Our son has social anxiety and it's and adhd. If one Tennant was intimidated already by the new Tennant my son would have been moreso. The state of the property confirmed we could not move him in  therefore he never moved in. The contract states the tenants would have to pay the rent if my son did not pay it. They refused to pay it and so the guarantors were approached. Again we have not paid it. My husband feels he should not have to pay it as we didn't even move in. The agreement states we need to find a replacement to take over the room  we found * people * of which the tennants said no to  they must also approve.
It sounds like a complicated situation. Here are some key points:
- Review the tenancy agreement carefully.
- Document all communications with the agent and tenants.
- Seek advice from a local housing advice service or solicitor.
Did you formally inform the agent in writing about the health and safety concerns and the property's state?
Then the new Tennant moved his friend in without permission. When I told the estate agent then blamed us and said we are in breach of contract. I argued that we informed them of what had happened and asked for support in finding a replacement only to be told they do not let rooms. At the end of the month when we could not pay I explained we did not have the funds as we had found another accommodation for our son and were paying * a term there. Again I asked if they could support us in finding a Tennant to replace our son as we could not find anyone only for them to reply in the same way. They have not been helpful at all. My husband will not pay it and states we did not move in so we do not live there so the contract is not valid especially as they breached the contract first by not making the property safe and clean.
It seems like a complex issue with potential breaches by both parties. Here are some key points to consider:
- Review the tenancy agreement thoroughly.
- Document every communication with the estate agent and tenants.
- Seek legal advice from a solicitor specializing in landlord-tenant disputes.
Have you formally written to the estate agent about the health and safety concerns and the state of the property?
I am concerned that we are still liable. I have argued that if we continue not to pay the rent they will have to begin eviction and we will no longer be liable to pay. This will reduce how much we have to pay by ending the contract early. Is my husband right? The agent is now charging *% on top every week until it is paid. I want to email them to request they start the eviction process. What is best for me and my family
You may still be liable for the rent even if your son did not move in, as you signed a contract. Ending the contract early through eviction might still leave you liable for unpaid rent and associated costs. It’s best to:
- Review your tenancy agreement thoroughly.
- Seek advice from a local housing advice service or solicitor.
Would you like details on local housing advice services?
Then the new Tennant moved his friend in without permission. When I told the estate agent then blamed us and said we are in breach of contract. I argued that we informed them of what had happened and asked for support in finding a replacement only to be told they do not let rooms. At the end of the month when we could not pay I explained we did not have the funds as we had found another accommodation for our son and were paying * a term there. Again I asked if they could support us in finding a Tennant to replace our son as we could not find anyone only for them to reply in the same way. They have not been helpful at all. My husband will not pay it and states we did not move in so we do not live there so the contract is not valid especially as they breached the contract first by not making the property safe and clean.
It sounds like a complicated situation with multiple legal considerations. Here are some key points:
- Review your tenancy agreement thoroughly.
- Document all communications with the agent and other tenants.
- Seek advice from a housing solicitor.
Have you formally written to the agent about the health and safety issues and requested their resolution?
I am concerned that we are still liable. I have argued that if we continue not to pay the rent they will have to begin eviction and we will no longer be liable to pay. This will reduce how much we have to pay by ending the contract early. Is my husband right? The agent is now charging *% on top every week until it is paid. I want to email them to request they start the eviction process. What is best for me and my family
You may still be liable for the rent until the tenancy agreement is officially terminated. Here's what you can consider:
- Review the Tenancy Agreement: Look for clauses related to breach of contract, replacement tenants, and early termination.
- Document Everything: Keep records of all communications and attempts to resolve the issue.
- Seek Legal Advice: Consult a housing solicitor to understand your rights and potential liabilities.
Have you formally written to the estate agent about the health and safety concerns and the state of the property?
Yes i have formally emailed the estate agent about the conditions and requested a termination of the contract.
It sounds like you have taken appropriate steps by formally emailing the estate agent. Here's what you could consider next:
- Seek Legal Advice: Contact a housing solicitor to understand your rights and obligations.
- Document Communications: Ensure all correspondence with the estate agent is documented.
- Negotiate: Attempt to negotiate a settlement with the estate agent to minimize further costs.
Have you received any response from the estate agent to your formal email?
Yes i have formally emailed the estate agent about the conditions and requested a termination of the contract.
- Review the Tenancy Agreement: Check for early termination clauses and tenant replacement rules.
- Document All Communications: Keep every email and letter sent to the agent.
- Seek Legal Advice: Consult a housing solicitor for detailed advice.
Have you received any formal response from the estate agent regarding your termination request?
yes, they say I must find a replacement.
- Review the Tenancy Agreement: Look for early termination clauses and tenant replacement conditions.
- Document All Communications: Keep copies of all emails and letters.
- Seek Legal Advice: Consult a housing solicitor for specific advice.
Have you been able to find any potential replacements that meet the tenants' approval?
I have found *. Only two were invited to view and they were not acceptable.
It seems that you have a complicated situation with several legal considerations. Here are some general pointers:
- Tenancy Agreement: Ensure you understand all clauses related to termination and replacement tenants.
- Document Everything: Keep all records of communications with the agent and tenants.
- Legal Advice: Consult a housing solicitor for detailed advice and possible steps forward.
Given the circumstances, seeking formal legal advice would be prudent. Have you consulted a housing solicitor yet?
yes, I have found *. Only two were invited to view and they were not acceptable.
It appears you have done a lot to resolve the situation. Here are some steps to consider:
- Review the Tenancy Agreement: Check clauses on tenant replacement and termination.
- Document All Communications: Keep all records.
- Seek Legal Advice: Consult a housing solicitor for detailed guidance.
Have you considered mediation with the estate agent or tenants to find a resolution?
Yes, the tentants said they can't afford to pay the extra costs between them, i have agreed to pay something if/when I can but I am not financially able to. I also, asked the estate agent with help to find a suitable replacement to which they said they do not deal with letting rooms and so are not able to asist.
It sounds like a challenging situation. Since you have already tried to find replacements and have documented communication about the property's condition, consider these steps:
- Contact a housing solicitor for legal advice on your specific situation.
- Consider contacting Citizens Advice for additional guidance.
Have you consulted a housing solicitor already?
no
It sounds like a challenging situation with multiple legal considerations. Here are some steps you can take:
- Seek Legal Advice: Consulting a housing solicitor can provide you with specific guidance on your obligations and possible recourse.
- Contact Citizens Advice: They can offer free advice and support for tenant issues.
Would you like information on how to find a housing solicitor or contact Citizens Advice?
no
Given the complexity and the potential financial implications, you should consider the following steps:
- Seek Legal Advice: Consult a housing solicitor to understand your rights and potential liabilities.
- Contact Citizens Advice: They can provide additional guidance and support.
Have you considered contacting a local housing solicitor?
yes. is this my only option now?
It seems that consulting a housing solicitor is indeed the best course of action at this stage to fully understand your rights and obligations. They can provide tailored advice and help you navigate the situation.
Have you considered contacting Citizens Advice for additional free guidance?
yes. I have contacted them I am awaiting a response.
Based on your situation, it's crucial to get specific legal advice. Consulting a housing solicitor can provide you with tailored guidance. Here are your steps:
- Seek Legal Advice: A housing solicitor can help clarify your rights and liabilities.
- Contact Citizens Advice: For additional support and free guidance.
Have you received any other responses or updates from the estate agent?
yes. I have contacted them I am awaiting a response.
It sounds like you've taken several steps already. While waiting for a response from Citizens Advice, consider these immediate actions:
- Keep all documentation and communication records.
- Continue to look for potential replacement tenants.
- Avoid making any payments until you have legal advice.
Would you like more information on how to prepare for your consultation with a housing solicitor?
No thank you. Can you tell me if I am likely to win this case with legal action?
Your case has several factors that might work in your favor, but it also has complexities:
- Health and Safety Violations: If the property truly had health and safety issues, this could be a significant point.
- Breach of Contract: The agency's failure to provide a clean and safe property and the unauthorized tenant changes may support your position.
- Efforts to Find Replacement: Documenting your efforts to find a replacement tenant can show you acted in good faith.
However, legal advice from a housing solicitor is essential to evaluate the specifics of your case and increase your chances of success.