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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Aibu or estate agents/landlord

18 replies

ArDali1 · 25/07/2019 17:00

So I probably am unreasonable in some ways and I know that I signed the contract, but anyway got myself and my family into a terrible tenancy agreement.

Wanted to move out of our previous rented property as I wasn't happy with the area.
Found a flat in a good location, where myself and my husband liked.
I viewed the place and liked the flat, rooms are spacious etc. Great! Put in the offer and we were accepted. Was told they will redecorate and have professionally cleaned. As it needed it anyway.

We have moved in 3weeks ago. The place was filthy. Wasn't cleaned at all. I spent a good week or so everyday cleaning it, getting rid of the smell that was lingering in the flat.
Slowly we have noticed things that we find unacceptable especially as this is with an estate agency. Door latches missing in a couple of doors. Door knobs loose. Plug sockets loose. A hole by the kitchen sink. And the worst of all, mould and dampness that they have just painted over.

My 3 year old has the room where the mould is quite bad, so we noticed she has been coughing every night when she sleeps in there, which is how we came to light that there is a mould problem. I've already taken her to the gp about this and they have prescribed my daughter an inhaler to use before bed and the gp will be writing a letter for us to confirm that the mould is causing her breathing problems.

My husband has informed our landlord about this and he has confirmed in writing that there is a mould/damp issue in the property.

Anyway to cut the long story we have come to an agreement that we are to leave this property as we are unhappy with the state of the place (I know I wanted to move there but I don't think I remember signing a contract that says the property will be filthy, some fixtures missing, oh and there's a lot of mould and dampness)

We have agreed to end the tenancy on 30th September 2019.
So the issue is, I know its in the contract, the break clause is that if we end the tenancy early we are liable to pay the rent until the end of the fixed term or if they find new tenants, whichever comes early.

Now we have an email from the landlord that we were CC'd that says, "I assume that you will need to issue a revised tenancy agreement to end on 30th September 2019"
So I believe that once they have written the tenancy agreement to have the end date for 30th September then we should not be liable to pay for the rent once we depart the property. Unless I'm wrong?

I feel they have already breached the contract by letting it to us in such a state.

Help me please :'(

OP posts:
ArDali1 · 25/07/2019 17:01

Oh just to add, I have already contacted the citizens advice and I am waiting for a call back.

OP posts:
Butters83 · 25/07/2019 17:26

Did they do an inventory?

Its pretty normal to be honest - when you go and look at a flat you arent expected to examine every nook and cranny.

When we moved into our flat the old tenants had basically destroyed it. We had an inventory done and signed with the landlord and estate agents because there was no way I was going to get done in for the damage when it was my time to move out.

ArDali1 · 25/07/2019 17:49

Yes they did but even though the landlord said they will send the inventory list, they still haven't emailed it through.

My main issue is that we are liable to pay the rent until they find a new tenant in our place. The landlord has agreed for us to leave early as we are unhappy with the place, and he was nice about it by saying they don't want us to be unhappy in the property. But if he has in writing that our tenancy shall end on the 30th September then that surely means we shouldn't have to pay the rent once we have left?

Just one of my stupid mistakes. I'm annoyed with myself.

OP posts:
SavingSpaces2019 · 25/07/2019 18:53

why not just email him back and ASK him what he meant by it?
I wouldn't be paying rent after 30th sept no matter what they said.

NotMoneyRich · 25/07/2019 19:07

You need something in writing to confirm he is letting you out of the contract early without having to pay until September.

Dear Landlord,

Following our recent communications regarding [address], where you agreed the house was unsuitable due to a problem with mould, please can you confirm that you agree to ending the tenancy agreement early and [date] will be our last payment of rent as discussed.

Thank you, your dedication to ensuring the best interests of your tenants is deeply appreciated.

SouthChinaSea234 · 25/07/2019 19:37

If the tenancy agreement finishes on 30/9 you will not be liable for any additional rent.

happinessischocolate · 25/07/2019 20:40

As the landlord has agreed you can leave early then I would think that means he has agreed to end the tenancy early and you won't have to pay anything after 30th September

Pipandmum · 25/07/2019 20:46

You should have called the agent have them get some one to clean the flat again. The inventory should have been signed by both of you as soon as you moved into the flat.
But to answer you question if the landlord has agreed a new length of lease then you’re not liable after that date.

Jubba · 25/07/2019 20:49

As far as I’m aware (I worked in property management). You will be liable for rent. No matter what caused the tenancy break

I would try and find tenants ASAP.

ArDali1 · 25/07/2019 22:23

NotMoneyRich
I will definitely use that, thank you!

pipandmum
I wish I did. It was on the contract that it will be professionally cleaned before moving in. But it wasn't. The landlord also sent an email on the day we moved in that he will be sending the inventory list after a few days but he hasn't.

Jubba :( even if the landlord has requested a revised tenency agreement with the end date?

OP posts:
NotMoneyRich · 26/07/2019 08:43

Does your tenancy end on 30th September? E.g. it's a 6 month contact that ends on then or is it an agreed early exit day?

ArDali1 · 26/07/2019 09:36

NotMoneyRich
It is an agreed early exit between us and the landlord

OP posts:
JoxerGoesToStuttgart · 26/07/2019 09:42

For future reference OP, when viewing a property take someone with you and give it a really good inspection. arrange to meet at the property to sign the contract. Inspect the property first before signing, thoroughly. Make sure any promised repairs etc have been done. Be prepared to walk away if they haven’t been. Ive been stung a few times like you have, I’ve learnt my lesson!

ArDali1 · 26/07/2019 16:38

JoxerGoesToStuttgart
Noted! I'm so disappointed I thought going through an agency will go smoothly. But that's lost my trust now

OP posts:
JoxerGoesToStuttgart · 26/07/2019 16:40

I’ve had terrible experiences with agencies I’m afraid. Given the choice I would prefer a private rental through the landlord only. Much better experiences.

WhenISnappedAndFarted · 26/07/2019 16:47

I don't know where you stand legally but I have broken a contract early due to really bad damp. Our landlord finally agreed and we never had to pay the full term. We only had to pay upto the final day.

Speak to Shelter, they've been fantastic at helping me before.

bbcessex · 26/07/2019 16:55

Sounds like the email from the landlord is in your favour.

Make sure you have put the problems & damp in writing to both the agent & the landlord, along with a copy of your daughter's medical report and photographs of the problem areas.

You could ask the landlord to address the issues ASAP

ArDali1 · 26/07/2019 20:59

JoxerGoesToStuttgart
My previous experiences were with the landlords directly and they were saints. Makes me regret moving from my previous house.

WhenISnappedAndFarted
I hope we have the same outcome as you did! I have received a call back from the citizens advice bureau today and I was informed that as long as the landlord has agreed to our new end date then we don't have to pay after we leave.
So 🤞🏻

bbcessex
We have taken pictures of everything including where the mold is visible.
The landlord has agreed to fixing the issues that he can whilst we are still there but some things will need doing once the property is empty.

OP posts:
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