UK Landlord Forum / Life

Hi there,

I really hope you can help.

We are in a position where we rented a property through a letting agents which commenced June 2012. We started to notice a damp problem (which we knew had been a problem before) reoccurring in the inside wall just off the front door. They had basically just painted over the damp. The plaster and paint has been peeling and getting drastically worse for the past few months. We first reported this in January 2013. We kept chasing the agents who were chasing our then landlord for the money to carry out the works. The quote had obviously been quite high for the works as the agents actually told us at one point that the landlord was considering selling a car in order to fund the repairs. Anyway in July we had a letter from Solicitors for the landlord saying his mortgage was in arrears which rang alarm bells for us. Then in August we were told he was considering selling and would we allow viewings for an investment landlord to come and look round which we agreed to no problem. In September we had an automatic letter saying our contract was up for renewal and then last Friday we were notified that the new landlord needs to gut the entire property to sort the damp issue and refurbish the place and on September 27th we were served notice.

We have since been looking for a new home. I rang our agents to ask them whether we had to stay for two months or whether we could leave earlier. This was on the 2nd October. The agents contacted the new landlord and returned with the answer that he has builders booked in to start work from Nov 31st - the date the tenancy ends and that as he couldn't get them to come any earlier he wouldn't release us any earlier. Last night, pre-empting we might like a flat we were going to visit today, I text our new landlord (he didn't provide an e-mail) asking him if he could send me his e-mail in order for me to ask him in writing whether he would re-consider the release. His response was the same about his builder and that he quote "can't afford to just give away £950". I responded saying neither could we and could he be a bit more understanding given the circumstances and that I'd rather discuss this via e-mail. He responded again with no e-mail address just a very blunt "I bought the property subject to your tenancy agreement which is a 2 way agreement. I don't wish to sound harsh but this is business. I will try another builder to see if he can start early Nov but if he can't do it then that will be that." Nice. This is his business but this is our life! I just want some advice as to whether we have any grounds to leave earlier. Can we still give our 1 month's notice or would it have had to of been given on Sep 31st? Have we any grounds for breach of contract with regards to the damp and the works not been done despite the fact this is a new landlord and it is now technically our old landlord who breached the contract? Please help. We simply cannot afford to pay 2 months rent - one on the old place and one in the new one but we worry we risk losing the new flat if we can't move earlier as there are other parties interested too. Any advice would be greatly received. Many Thanks.