UK Landlord Forum / Life

Hi There,

I was just looking for some advice. I currently live in a 1st floor flat, with an assured shorthold tenancy of 18 months with a break clause that starts after 12 months. However, since living in the property, I have become disabled and find living in the flat extremely difficult and distressing. After much research, I have found I have no rights to break the contract, but that I do have rights to make changes to the property. I was just wondering if any landlords/ladys had any advice for me on how I could go about wording a letter to my landlady to ask to break the tenancy agreement because of my health.

Thanks guys

Hello Michelle,

You won't find this in your contract, but have you read up on the common law feature of Frustration within Contract Law?  Basically, Frustration says a contract can be set aside (i.e. it is voidable by either party) if something fundementally changes but is caused by neither party.

So what was a good flat for a fully-able-bodied person is not a good flat for someone who is not.  Frustrationcould help you if you want to leave.

I've not heard of the right of people with disabilitie to make amendments to the property they are in (I've never had a tenant with disabilities), but I'll take your word for it.  So I guess you want to weigh up if you really want to live there after its been amended or if you can find somewhere better elsewhere.

If you want to stay then the letter should cover:
- State your new original and new physical capability;
- State the law which aplies to allow you to make modifications (they may be as ignorant as me);
- State what you want to do and when;
- Offer them the opportuity to raise any questions or concerns (depending on the extent of the work the landlord might need permission from the freeholder).

If you want to go then you could use this right to persuade the landlord that allowing you a break where no provisions exists would be in their interests.  I.e. it would cost them a lot of money to return the flat back to "normal" occupation adter your modifications, so rather than go through that cost, just let you leave.

Hope this helps.