01 Feb 2009 12:00 AM:

Recently my family and I took on a six monthly contact. One of the services we required in the property was ADSL. My wife works from home and access to the internet is a must. Without it she can't work and therefore does not get paid. When we first enquired about the property we stipulated that ADSL must be available, this was emailed to the landlord who did not say that it would not be but made it sound as if it was. In every correspondence up to signing the contract the question was asked about ADSL. Again he told us that it was but we would have to set this up ourselves.   

When we moved in we found out that the ADSL service was not available. We tried every company we could to fix the matter before we decided to move out. With not wanting to go for another month without my wife being able to work we found a new apartment and broke the existing contract giving only one weeks notice. I notified the landlord and gave him our reasons for leaving (mainly no ADSL service). Now the landlord has decided to take legal action against me for breaking the contact without the 30 days notice. He says and I quote "we are not responsible for telefonicas failure to provide you with a service, and does not form part of the contract,".

What I would like to know is:-

Can he do this?

Where do I stand and how can I stop this?

Does our stipulation for a service we were made to think was available not count?

Can we claim for my wife's loss of earnings from the landlord?

 I have every correspondence email saved from the original enquiry to the final

 

I was thinking that maybe if I did not have a leg to stand on then I could offer to give the landlord one months rent for the 30 days term of notice.

 

Please help… I feel I've been tricked and now paying the price.

Thread: Any help would be appreciated.

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30 Oct 2008 10:02 AM:

Thanks for the reply.

I do intend to speak to the owner but I don't think he will be able to drop the rent down to the amount I can afford right now. 

Basicaly I was after advice so I know were i stood before speaking to him.  

Thread: Need advise on ending retal contract

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30 Oct 2008 12:00 AM:

I am hoping that somewhere out there, some one can help me.

 

I am currently 6 months though an 11 month renal contract.  Due to circumstances beyond my control I am no longer able to afford the monthly payment and need to downsize to a cheaper place to live.

 

The contact is not with an agency but with the owner directly. The contract was not drawn up by the owner but purchased over the counter from the local tobacconist. I've paid 1 months rent for a deposit and two months advance rent. I need to be able to end the contract without losing what amounts to over 3000 euros.

 

I've had the contact looked over by a few Spanish friends and they tell me that there is nothing written in the contact with regards to penalties for termination. All that is stated is that I must give 30 days written notice. I've also been told that the contact has not been completed correctly as only the first and half the second pages have been filled in. I also know that the landlord should only have asked me for 1 months advance rent not two. I've also read that the deposit can't be used to supplement any rent owing and can only be used for replacement of damaged or lost property.

 

What I need to know is, if I give 30 days written notice where do I stand on getting some of my money back. Am I still entitled to get the deposit back and what about the extra advance rent?

 

I was hoping that I could stop the direct debit and ask the landlord to use that extra month's payment instead for the final month after giving the written notice.

 

Any help would by gracefully accepted.

Thread: Need advise on ending retal contract

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