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Landlord didn't uphold his end and we would like to void contract early?

Started by Yellow Zebra, April 24, 2025, 03:44:21 PM

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Yellow Zebra

Hi guys, I would like some advice on a pretty straightforward situation.

When we moved into our place, we had added in the contract for the landlord to repair the leaky windows before march, and now it is almost the end of April and nothing has been done. We also have a clause in there that we can terminate the contract if we give a 2 months notice after April.

So I was just wondering if we have the legal basis to void the contract early without the 2 months notice since he already didn't do his side?

Thanks in advance

jpkeates

No.
Only a court could do that.

The landlord is in breach of contract, and you can claim compensation for any loss (kept to an absolute minimum) that was reasonably foreseeable as a result of the breach. But a breach doesn't void the entire contract or allow you to breach a different term.

If the contract is an older style fixed term contract that ends on a date, you can probably leave on that date without notice but you'd need to check the rest of the contract to see if it carries on automatically.

You should also consider what your landlord is likely to do if you give the notice that you want and just move out when you want. He might retain the deposit, but what else could he do?

heavykarma

Have you asked the landlord what steps he has taken to get this done?  You don' t mention when this agreement was made.  He may well have done nothing, but equally likely he is being let down by contractors.  I was told in February that a plumber would fit a new shower room and water heater in one of my rentals within 2 months. Yesterday he informed me that he can do it no sooner than early July. The tenant has been very understanding up to now, but I feel awful about it and dread having to tell him.

You could have just the same problems if you owned the place. To just walk out if everything else is fine seems unreasonable. I would have refused to accept these clauses, which have little legal value.