Landlord hid burglary history
Question
Someone broke into my flat at the weekend. The police told us that the same place had been broken into twice since June, before we moved in. Our landlord didn't tell us this when we signed the contract.
If we'd known about the burglaries, I doubt we would have moved in. Are we able to get out of our contract?
Answer
Your rights depend on what type of tenancy you have. Most tenants who rent privately for a fixed term have an assured shorthold tenancy. This advice is based on that assumption. If you think you might have a different agreement you will need to get advice from a local advice service.
Unfortunately, your landlord isn't obliged to give you information about any burglaries that took place before you moved in. If you had specifically asked your landlord about burglaries before moving in and he lied to you, you might be able to argue that he had created the tenancy fraudulently, but this may be difficult to prove. If this is what happened, you should get further legal advice.
The only way to get out of your contract is by following the correct procedure to end your tenancy. The procedure you must follow will depend upon whether your tenancy is fixed term or periodic.
A fixed term tenancy is one that runs for a set period of time such as 6 or 12 months. It is not usually possible to end a fixed term tenancy early. If you have a fixed term tenancy and you want to leave before it ends, you should check your tenancy agreement to see if it allows for it. Some fixed term tenancy agreements state that tenants can end the tenancy early, usually by giving notice. This is known as a 'break clause'.
If your tenancy agreement doesn't have a break clause you can only leave early if your landlord gives you permission. If possible you should get this agreement in writing.
A tenancy doesn't automatically end when the fixed term runs out. Instead it becomes a 'periodic' tenancy, rather than a 'fixed term' tenancy. This means it runs from month to month rather than for a specific period,
A periodic tenant can end the tenancy by giving notice as set out in the tenancy agreement. If your agreement doesn't specify a notice period you should give notice equivalent to the rental period. For example, if you pay rent every month you should give a month's notice.
Should you choose to leave the tenancy early when you don't have the right to do so you'll continue to owe rent to your landlord. Your landlord may be able to withhold money from your deposit to cover part of the lost rent. Your landlord can also take court action to claim the rent money from you. They can do this up to the time when you would have been able to end the tenancy.
The court would decide whether you should pay your landlord the money or not. Your landlord should try to let out the property again. If they let out the property, they can't charge you rent as well as the new tenant. If the landlord doesn't make any effort to let out the property, the court is likely to reduce the amount of money you will have to pay.
There is no reason why you can't ask your landlord to fit dead locks or other security precautions. But they wouldn't be obliged to agree, as this would be classed as an improvement. Although the landlord doesn't have to carry out improvements, you can fit these yourself, as long as you don't cause any damage. If possible, you should get the landlord's permission.
You might want to get further help with your situation from a local advice service. An advisor may be able to help you negotiate with the landlord to end the tenancy or to improve security.
Updated: 12/09/2008
Question answered by Shelter
