The interesting question is 'Where was the blockage?'  If it was within the curtilage of the property it would be the landlords problem but not if it was outside.  Then the water company would be liable.  It is not likely to be the latter but mains drains can sometimes become blocked by a breakage after a heavy vehicle has passed over them.  A heavy crane for instance on a building site?  Then the owner of the crane may be liable. 

I suggest caution here.

It is up to the landlord to convince the HMCA that they are non resident for tax purposes.

If HMCA discovers that a taxable income earner has not paid what is due they would have the right (and power) to demand payment from you.

I suggest you ask HMCA for their view.

If you have it in writing from them that it is fine to send rent to an overseas landlord that would protect you but from past experience as a landlord I would say that any income from a UK property is taxable no matter where the landlord is living so I think you are being misled

I expect you could find them easily in your reference library.

Tenants have the right to have essential works carried out and charge the cost of it to the landlord.  2 Months does not sound reasonable at all for you to have to wait to have the heating put right.

I suggest you contact your health and safety officer and ask for help.

Seems to me the police are trying to avoid their duty to you.

What you describe could be considered to be harrassment both by those that live above you and the landlord who being aware of the situation does nothing about it.  Your local housing authority also has a role to play in this as the conduct might be sufficient to suggest that the harrassment is serious enough to cause you to feel obliged to leave the property, which if the landlord owns the room(s) you live in could justify a claim of illegal eviction contrary to the protection from eviction act 1977.  Both are criminal offences and if you make a formal complaint to the police at a police station then it is their duty to take action not to tell you to take the matter to a civil court at your expense.  I have never understood why this goverment introduced ASBOs when there already was a sound law to deal with nuiscance neighbours.  The system is straightforward.  If a case is put before the courts and an injunction applied for the punishment for breaching the injuction is up to six months in gaol or a fine or both.  These days the courts would most likely award a community service order but that is not as easy as it sounds.

I suggest you do not allow yourselves to be fobbed off with answers that are aimed at saving the police time and money.  You have a right to their protection.  Insist that you have it.  You could also try your MP if you have decent one, which sadly we do not.

How and when did you notify the landlord of the problem?

If he was told immediately either directly or through the agent that is the proof.

If he was not told he would be looking for evidence from witnesses I expect.

Yes but that would have to be specified in the contract.

There is provision in law for a periodic tenancy but the landlord's rights are not as secure as they are with an assured shorthold tenancy.

 

I have been researhing this topic on my daughter's behalf.  She has a Assured Shorthold fixed term tenancy agreement of twelve months that she wishes to end before the 12 months is up because she has found new permanent employment as a nurse some distance from where she is now living.

I have found very little in the way of useful sources of information but this may be of use to you and others.

The Agent claims that early termination would leave her liable for the balance of the rent and the landlord's costs of finding a new tenant.

As that is not stated in the contract it is my opinion that cannot be the case as it is the Landlord's responsibilty to ensure the contract is clearly written in terms that a tenant can understand otherwise it is invalid and unenforceable.  The exception would be if the contract was signed after the independent advice of a solicitor had been provided.

In the contract my daughter has it is made clear that the Landlord may not terminate the contract during the first six months of the 12 month term, which implies that he/she can after six months if one of the conditions that make that possible should apply.  The conditions are laid down in the Housing Act 1988.

I would argue that if the landlord has that right so must the tenant otherwise the contract would be unfair and so be in breach of the unfair contract terms act 1977.

Unfortunately as a layman with some knowledge and understanding of law I have been unable to find any one of the many agencies that claim that they offer help to people that would actually give any views on the subject.

Most say it is beyond their remit and suggest some other agency, all of which have proved fruitless.

If you have any success in finding an answer that relates either to the law or better still a precident case I for one would find it most interesting.

The advice I have given my daughter is that  she should write a friendly letter to the landlord asking for agreement to early termination and hope for a reasonable and fair reponse.

I have noted during my searches that it is clear that no landlord that made no effort to relet the property could possibly justify penalising the tenant by charging rent by for instance withholding any deposit held by them or their agent.

If that were to happen I believe the correct course of action by the tenant would be to make a claim in the small claims court for the money withheld.  The landlord would then have to justify not making any effort to mitigate their loss or proving they had tried and failed which is a duty imposed on any person that claims a loss against another.

I hope this helps and others may be able to add to, correct, or point to other sources of information that I have so far not found.

Of course we are all entitled to an opinion but what I would ask for is not contrary opinions which no doubt a landlord or estate agent might have but a pointer to some actual authoritive source (s).  I have found no law but seen an opinion or interpretation that tenants seem not to have the right to terminate before the end of the term but as written above we are all entitled to an opinion.

Both an experienced landlord and local estate agent known to me have the view that any tenant has the right to terminate a tenancy agreement at any time during the term on one months notice but I have the view that is most likely their commonsense approach rather than based on the law.

One final point is that when agreeing the new tenacy with my daughter over the telephone the Agent said to her 'the same terms as before?' which she agreed.  The terms she had through the same agent with a different landlord was also an assured shorthold tenancy of fixed term of twelve months but the landlord exercised his right of early termination using one of the qualifying conditions - he wished to return to the house that he had previously lived.

I say what is sauce for the goose is sauce for the gander!!!

Good luck in dealing with you problem.   

Freddy Crabbe