Ending lease before end of tenancy

[materf]

Hi all,

I have a lease in a private rental that's a 1 bed for myself and my son and daughter. I was ok with the place until I moved in to discover there's an issue with penetrating/rising damp, standing water (causing mold and mildew), a broken window that is letting in cold air as well as pest and vermin infestation.

Since then, I emailed the landlord to ask what would be the best course of action if I found suitable alternative accommodation before the end of my tenancy. I would give 4 weeks' notice, as appropriate, but he has ignored me and instead stated that he's taken the relevant actions to sort out the issue with pests. He has completely disregarded my question and instead arranged for someone to come and take a look at the gas?

I am very confused and don't know what the best approach for this would be. If anyone is a landlord or has been in a similar situation, please please please advise.

He is charging me around £1,300 for this place, bills not included.

Thank you.

You have signed a rental agreement which is legally binding and commits you to pay rent during the tenancy.

You have done the right thing to let your landlord know about the problems. It is now their responsibility to sort those things out. However, you don't have an automatic right to move out and end the tenancy.

You need to ensure everything is put in writing/email and that you ask the landlord to respond about each issue. Listing the issues as numbered points can help.

If you have already written and only some issues have been acknowledged, write again and refer to your previous message (with date) and the fact not all issues have been addressed and make a further request that he landlord addresses all of the issues and let's you know the steps that will be taken to rectify the issues.

Do you have a letting agent? If so, ensure all communication goes to them too.

There are 3 possibilities here;

1. You will let the Landlord know the issues and they will be resolved (whilst waiting you must continue to pay rent and the tenancy continues)
2. You will let the Landlord know the issues and they won't be resolved and you basically have a rogue landlord (whilst waiting you must pay rent and the tenancy continues ...and you will need to take advice from CAB or legal advice about what to do next. Don't just stop paying rent or assume it means you can exit the tenancy. You are still committed to pay and the tenancy stands until it's end until the issue is resolved or tenancy ends)
3. The issues are not as you describe and really you've decided you want to exit the tenancy and are looking for a way out.

We cannot tell which of the 3 categories your circumstance falls into here. What we can tell you is that if you signed a contract for 6 or 12 months, you are required to pay rent and the term of the tenancy stands. Issues with properties can occur and landlords should respond promptly and resolve them. You do need to give the landlord a chance to do this. Most landlords will meet their responsibilities and carry out repairs etc as required.

Some landlords are rogues and do not meet their responsibilities and it can be a long and lengthy process to get the work done or to get out if the tenancy because failure to do the work will have to be proved and can take months. Often tenants simply put up with it and stay until the end of the tenancy and then move on because that is quicker than dealing with the landlord through legal channels.

Some tenants decide they want to move and break their tenancy agreement and look for excuses to do so. This can involve inventing problems with the property or exaggerating them as a way to justify not paying rent or in trying to move out before the end of the tenancy term.

In the same way that it can take months for landlords to evict troublesome tenants who don't pay or cause damage, it can take months for tenants to prove their landlord is negligent. Until Landlords have successfully gone through eviction procedures or tenants have successfully shown the landlord to be negligent and the tenancy overturned legally, a landlord cannot take possession of his property, nor can a tenant legally stop paying the agreed terms.

You will need to give the issue some time. It seems unlikely there are severe problems that you were totally unaware of when you looked round and moved in. How did you not notice some of the issues you mention? That said, there could be some issues and as mentioned above you need to communicate them clearly and request action and keep a record of all your communications and those you receive back (or don't get responses to)

If after 3 or 4 weeks, you feel the Landlord is not responding and acknowledging all the issues or taking steps to resolve them, make an apt at CAB and take copies of all the correspondence with you and they will advise you.

In the meantime think carefully about if there are significant issues that aren't being addressed, or if really you've decided you don't want to be in the property and are looking for a way out. Of course if the Landlord resolves the issues you are committed to the tenancy and to pay for the full term, and until it is shown otherwise you are also committed.

Tip for future, check properties carefully. Ask the Landlord for references/to speak to previous tenants. Go through a Reputable agent. Never sign unless you've read the contract and are sure you want to live there for the length of the period and are happy with the terms.

Contact Shelter for advice, or the private lettungs officer at your local council. Your LL may well not be adhering to statutory obligations - do you have a gas safety certifucate and so on.

@WombatChocolate Thank you so much for your response. I did notice the issue with the damp at the time of viewing and he mentioned it would be fixed within a few months. It has been 7 months and nothing has been done.

I am considering just waiting for the tenancy to end and leave respectfully.

Thanks again.

@LIZS Thank you for your suggestion.

Okay, hadn't got the sense from your first post that the issue had been ongoing for so long. That's not good.

How many times have you written to him?
Keep a record of all the times and all the replies.

And yes to what LIZS says about Shelter and contacting the Council. If he is failing to meet responsibilities in this area it could apply to other areas too which might make it easier for you to get out. Did he carry out Right to Rent paperwork with you, give you EPC and Gas Cert?

I'm assuming you're not with an agency? Are you paying below market rent? When a landlord offers this, it's often a red flag and should indicate that they might not provide a good service. When a LL says they will later rectify problems rather than before you move in, that's not good either and best avoided. But you're there now and it sounds horrible, so do go to Shelter for help. They will ask for all your records of communication, so definitely print those out first.

Unfortunately, it can be quicker to just sit it out as getting these things resolved can take months.

Is it a 12 month contract?

www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018

That's a very useful link for the Op.
It shows the importance of keeping records of all communication and making sure communication is in writing.

For you to get anywhere with pursuing the landlord, you will need records to show you have communicated the problems in writing on numerous occasions, as well as the fact that the issues are serious and have impacted you.

Op, how many times have you communicated the problems in writing to the LL?

These things are a nightmare.....assuming you have a 12 month contract, I can easily see that if you're at month 7 now, it could easily take 5 months to get to the point of a court ruling you are entitled to compensation. It's the same when the boots on the other foot and landlords need to evict.....it can take months and months.

Op, if you feel you have communicated clearly on several occasions and the LL has deliberately not replied or been willing to address the issues, perhaps you could send him the link to the gov document mentioned above and state you are considering calling upon this Act as you feel he is not meeting his responsibilities. I would mention that I have kept records of all the correspondence. I would then give a very specific timeframe in which you expect a reply (perhaps 1 week) and another timeframe within you expect rectification of the issues (perhaps 4-6 weeks). I would finish by saying I was adding this communication to the growing pile that a court would be interested to see.

The question is Op, are you able and confident to pursue this? It won't be easy and to be honest you don't sound very clued up about it all, but Shelter will support you if you have a case.....again, providing copies of all the correspondence and replies will be vital. If you haven't made all communication in writing and kept replies, ensure that from now on you do this.