Any thoughts? Surrender tenancy

[Gloriasub]

Hi. Hope I am asking in the right place.

The relationship between me and my landlord is awful.
We have raised issues to him, but he doesn't fix them.
We are going to exchange the contract soon and may have it completed in next month.

However, our break clause for our current tenancy is in Feb 2025.
We are paying the rent six months upfront, the next one is due in Aug.

We can't be sure if the landlord will put the property back to the market.

In this case, not only we need to pay for the six months rent, but also the commission for the property agency.

If they can find a new tenant sooner than Aug, we would only lose the commission. (That's ideal..)

But the thing is the landlord may want to repaint the wall and do a bit of renovation to make the place look like new. God knows how long it takes for them to do so. And it's not guaranteed he will put it back to the market...

Should I stick with ending it on the date of break clause?
Or should I just terminate early and hopes for the best?!?

I seriously doubt that he will put it back to the market though :s

It's a legally binding contract so if you end it early you will have to pay. If you want to end a contract at break clause which you can do you must give LL a full month's notice of your intent.

What sort of things has your LL been not getting round to fixing?

Is it minor things, like a cupboard door not fitting, or is it major things that could jeopardise your health, like there being mould/damp that keeps coming back, the heating and hot water not working for six weeks in the middle of winter, there being no working smoke alarms in place, not having had a gas boiler service for more than a year, etc?

The nature of the things and how long they have been going on for will inform my response.

Also, do you have proof of asking?

yes , we do have proofs for asking and LL not replying.

They have selectively chose what to fix - they are going to repaint the moulded wall, but they are not fixing the collapsed fence in the garden which was caused by the storm in Jan 2024. (this one is tricky though, because the fence was supported by a wooden stick. Its in the check-in inventory as well) Maybe thats why they are not fixing it as they could refer back to the check-in inventory list.

They have to keep your home free from mould and it is their responsibility to keep the premises secure, which includes fences (I think).

You can't just PAINT over mould, it's exceptionally hazardous to their health.

Perhaps you should say to your LL that you are very concerned they don't seem to know LL and tenant law and their duty to protect you (from harm, essentially), but rather than putting them through the stress of reporting them to the Council (which you are allowed to do - they take mould quite seriously), you think it's best that you and your LL part ways early, and they refund the rent you have paid.

It may work. Depends on the LL in question.

what he was saying is that the damping can't be fixed as it needs permission amongst the freeholders to rebuild the flat. what he could do is to just repaint the wall...

we have contacted the council, he didn't say much as he thinks the landlord is at least doing something about the wall. as for the fences, he said he would chase it up with the landlord again.

Mould does not work like that. In painting over it you will release the mould spores into the air and they will settle somewhere else and eventually start growing again. Maybe not in the same place, but they will come back. What colour is the mould? Please tell me it is not back.

@KievLoverTwo
A slightly black, with brownish watermark

Another wall is with black spots, but didn't get it painted yet as furniture is in the way.

Black spots is black mould and it can be very dangerous. It’s what triggered me getting Chronic Fatigue Syndrome and I have been unable to work for 8 years. It can cause also sorts of problems with respiratory systems, bring on asthma, and so on.

I would be pushing for them to take it a LOT more seriously.

If I knew how dangerous it was back then I would have simply walked away from the tenancy because I only had one room and no way of getting away from it.

The problem is, a lot of LLs don’t know how dangerous it is and therefore don’t take it seriously. They think you can just clean it off and paint over it.

We live in a wet, cold country with poorly heated and ventilated homes. We have to dry our washing indoors and it causes damp in the air which causes condensation which causes black mould.

I guess you could kick up a fuss and insist they re home you and/or let you out of
your tenancy, but honestly no landlord is gonna pay for a hotel for you.

Whatever you do, make sure you go armed with scientific reports about all the health problems it can cause. Make sure you really understand what you are talking about. Tell THEM why it is so dangerous and how it should be treated. And if no action is taken, that’s your cue to then say “I will not continue to be exposed to this health hazard and potentially get sick for life from this, so I suggest you let me leave.”

But the other thing is, you won’t need a landlord reference once you complete. So what are they gonna do, hire a private investigator to track you down and insist you stay another six months after you have complained the LL isn’t meeting their legal obligations AND you have that complaint lodged with the council?

No. They will say “it was gonna cost a lot of money getting that fixed her way, so oh well then.”

I don’t usually suggest tenants walk away from their legal obligations but CFS has made my life a living hell, and you are here telling me ‘oh a bunch of people need to agree.’ NO. You endanger my health and I am gonna kick and scream until it is resolved.

I am sorry if that all sounds a bit scary. Try to make sure the place is getting as much air as you can in the meantime.

@KievLoverTwo sorry to hear about your condition and thanks for sharing.
i just wish the LL will find me too annoying to kick us out tbh...

If you keep complaining about the damp he might try to illegally evict you anyway. 40% of people who complain to their LLs get “revenge” evictions. Although he may find he has no legal leg to stand on now that you have complained to the council. If they came to investigate and ordered him to repair it, he then can’t evict you for the next six months. But he might not know that.

@KievLoverTwo that's why they are trying to revoke the permission of having pets now so that we will move.
But I am not moving anywhere. I can rehome my pets and still be in the property. What are they gonna do?!?