Landlord issues

[DumbledoresArmy]

We've requested a surrender within our fixed term tenancy but the landlord is not responding to us.
The estate agent keeps fobbing us off.
So we don't know what to do?

We've always paid rent on time. Really look after the house.
6 months ago we reported the windows broke upstairs. None open due to old age.
There is damp in the bedrooms, that has been there since we moved in over a year ago & we were told it would be sorted but nothing has been done.
So we have a fire risk upstairs & damp.

The heating broke last year. Reported that, they fixed it reluctantly saying it was unnecessary call out...

We've bought a new house as fed up with nothing being fixed etc. Hence the request to surrender.

I'm worried as they're not responding!!

Did you view the property before moving in? Have you signed an inventory/condition report? You cannot legally just surrender the tenancy. Do not stop paying the rent, that puts you in the wrong. A sec21 is not for eviction to rent arrears, that's a sec8. Do not go down this road you will get a CCJ which will affect your credit rating. The landlord is not obliged to co operate, but may do so if he can get another tenant. Your AST is legally binding. If you try to use Environmental health about the conditions, their remit will be to tell the landlord to make improvements

Yes of course we views the property. There was damp & mould around upstairs windows & we were promised at the time this would be resolved straight away.
13 months later nothing has been done.

Have you been to the council environmental health department?

Not yet.
We just wanted to leave smoothly tbh

stop regurgitating the guardian and take the advice regarding legals, documents etc etc.

Based on the fact that they've not carried out any of the work they said they would do over a year ago I would suggest that you are not likely to leave smoothly

I would suggest that you follow the advice you have been given above and ignored

The landlords details are usually on your tenancy agreement aren’t they? Though in your case I think I’d be wary of contacting the landlord directly as they usually pay an agent so they don’t have to deal with the day to day stuff. It would get my back up personally, especially since it’s lilely they are not in agreement of an early surrender.

I'm not after being lectured. I'm not ignoring anything.
I was merely asking for advice.

You haven't responded to questions based at giving you relevant advice..

@DumbledoresArmy I had exactly the same problem as you, we had really bad damp and wanted to leave. So much so I now have asthma (which I never had before) and my doctor says it's most likely the previous house that caused it. The second we threatened them with environmental health they said we could leave, I'd definitely try that.

Also, send them letters that have to be signed for. That way you have proof. You legally need to know your landlords address, it should be on the contract you signed.

So I gather a landlord can breach the contract but a tenant can't then?
Either of you can breach the contract and either of you can then seek remedy.
You- through environmental health to get the work carried out if it is deemed hazardous and through the court if you wish to seek to damages.
The LL can seek to recoup his financial loss by non payment of rent that you are liable for either by making a claim on your deposit or through the courts.
As I said earlier - they are 2 separate issues going on here.

and also as suggested previously- you can negotiate these issues as HateTheDF has mentioned.

In your position OP, I would just leave and inform them on the day you're out, return keys etc. Get evidence of the date you leave,photos so the LL can't say you damaged the property etc.

They could take you to court but that would be far down the line. If they do take action, you could come to an agreement on the rent for the outstanding contract period. If the property is re-let before that period ends, the LL would have difficulty claiming for that period. If it goes to court, you could show what action you took and say you agree to pay the outstanding rent before the court date so it probably wouldn't go before a judge anyway. Certainly not to CCJ stage.

Ignore the scaremongering. You have a valid case to leave early (with evidence of repairs not undertaken) and you don't need a ref to rent somewhere else. Who on earth would stay there when in your position?

Also the LL would need to find you to be able to take court action against you.

The repairs not being done do not give the OP a valid case for ending the tenancy early or just leaving.
If OP leaves, the LL may well decide not claim for the rent - the point is, that the LL does have a legal right to do so and that is a risk that the OP can take if she wants.

So latest update is that they've requested 2 months rent as compensation in order for us to leave.
By Monday. We've paid rent up until the 18th of June.

They're ordering us to get the carpet professionally cleaned or it'll come out of deposit.
This is not a requirement in the tenancy agreement though.
When we questioned the EA he said 'you will do it'. When questioned the TA he said perhaps we'll have to tweek the agreement.

The carpets are spotless & perhaps better condition than when we moved in.
It would be stupid to get them professionally cleaned as there really is no need.

Surely this isn't right?

Two month's rent seems fair - that is just giving them a window of time to find a replacement tenant to mitigate their losses caused by your breach of contract.

If professional carpet cleaning is not in the contract, and the carpet is spotless, and so no stains/damage will be found on check out inspection, then I'd say you'll be fine not getting it done. That said, if they do find stains and have to hire a carpet cleaner on your behalf, it's likely to be more expensive than if you arrange it direct as I expect the agency will take a cut. That would obviously come out of your deposit.

I'd say you've had a pretty good result there.

Two months rent seems fair enough, re carpets I wouldn't bother and I'd challenge it through the adjudication process of the DPS

Yes I thought 2 months seemed ok.

The carpets weren't professionally cleaned when we moved in & like I say it's not in the tenancy agreement.

Get a friend to give you an invoice for 'professionally cleaning' them.

If they are genuinely clean the landlord won't be able prove they weren't done.