UK Landlord Forum / Life

Help, My daughter signed a 6month fixed contract,with us he parents as guarantors.4 weeks after seeing the property we moved her in, but saw damp up the walls and mould on the ceiling almost certainly has rising damp, which was not there when we first looked at the property,these are not compatable with my daughters Asthma. Also we realised after that the contract had the wrong rent amount on it, and lastly my daughter now has a job elsewhere, does any of these criteria count towrds leaving the contract early. Thank you

No, not really.

The more 'reasons' you collect doesn't improve your chances, really, either.

While the presence of damp is a big no-no, the Landlord must be given time to rectify the issue... and that means "a reasonable time", a Tenant cannot just unilaterally break a contract, nor can they stop paying rent or anything like that.

However, the contract can be broken by agreement. Has that been tried?

I'd keep the job elsewhere part quiet, as that would immediately sound as though that's the real reason for the Tenant wanting to break the tenancy.

Thanks hippogriff,looks like were stuffed then, if the landlord will not agree,so if she cannot live there and has to go elsewhere why should you have to pay the rent.

Because it's actually a choice to go somewhere else. When you put your name down on a legal agreement it's binding. A tenancy agreement has a fixed term that must be fulfilled, unless by agreement. What can be asked is whether the Landlord will accept an early surrender, but it's at the Landlord's discretion and they should not lose out financially, so expect them to ask for some form of compensation, it's only fair. Why should the Landlord lose out because the Tenant has decided to get a job elsewhere? What about the next Landlord, the next job?

I would start talking to the Landlord, it you have not already.

The job is secondary,she cannot live in the place from day one,because of the damp and mould that has come through since we first looked at the place,

Quote from: Blobby on December 19, 2015, 12:10:56 AM
The job is secondary,she cannot live in the place from day one,because of the damp and mould that has come through since we first looked at the place,

So when you saw it on day one and refused to move in because of it or immediately told the landlord it was uninhabitable and needs to be sorted asap what did they say?

You say why should she pay if she has to go elsewhere.  This elsewhere I'm presuming is close to her new job?

Sorry for not hearing what you wanted to, you signed a contract.  I'm sure you wouldn't be overly happy if you couldn't find fault with the property and the landlord wanted to kick her out before the contractually obligated term was up.

Quote from: Blobby on December 19, 2015, 12:10:56 AMThe job is secondary,she cannot live in the place...

As I said, the believability factor of that isn't high. Have you spoken to the Landlord?

The job part is not the reason for the dispute,when we looked at the property early November all looked fine by the time we signed, all checks done and we moved in 4-5weeks later the damp and mould has started to appear,through new decor, my whole point is that because of Asthma these conditions prevent her from living there, we could not turn at that point and go elsewhere,also the agents have admitted there is a mistake on the contract re rent amount.Also if the property is uninhabitable due to the conditions,why should we still have to pay rent, and also claim back the rent you paid because you could not stay there.

So... is the job no longer an excuse or were you just collating all you could to make it 'weigh' more? Why not play it with a straight bat instead of all this subterfuge? First it was "she", now it is "we", I don't know whether I'm going or going. Best to get your web untangled. The reason you have to pay rent is simple... you, or is it she?, signed a contract, presumably you weren't coerced or pressured into doing so and you / she is of sound mind?. You, or she, don't get to unilaterally decide that it's uninhabitable... feels convenient, right?

Whether you / she could not stay there falls into the same bracket... apparently it's a choice being made. Why do you even think it's OK to renege on a legally binding contract based on just these assertions?

Ok We have got a bit tangled here. We viewed the property very early Nov,all was ok,in the intrim period to when we moved in on 7th Dec,the same date we signed the contract,as soon as we walked in we could see the damp up the walls inner and outer, downstairs,plus the mould, because we had all My daughters belongings there too move in and nowhere else to go,we had to put her things in the house,but she could not stay in there and has not, since that date. I say her as it is for my daughter and we because my wife and I are Guarantors. We have contacted the landlord and the agent,and they will send someone to look at and hope fully sort it,but by the time this all happens, we will have had 2 months of uninhabitable house and paid the rent.We do not need anyone to tell us that with an Asthmatic, it is uninhabitable,it is and that is a medical fact.

Within weeks (early November to early December), it went from no trace of damp, to uninhabitable? But, conveniently, your daughter got a job offer elsewhere and would have had to move out anyway, before the end of the tenancy. Also, the rental agreement (which you signed?) had the wrong amount on it? What a pickle!

By the way, there's no such thing as rising damp. And it does seem somewhat incredible that damp would have appeared spontaneously on the inside and outside walls in a few weeks?!

Anyway, your daughter wants to move out, and you as guarantor don't want to pay the outstanding rent to the end of the tenancy. I had a tenant who wanted to leave early once (I've only been in the game a few years, and have only have a handful of tenants); so she informed me, and I asked her to handle all viewings, and if we found a suitable tenant to move in before the end of the fixed term, with no additional costs or rental void for me, then no problem. Guess what - it worked!

Why don't you be honest with your LL and try to come to a compromise to end the fixed term early, such as above?

Quote from: Blobby on December 20, 2015, 06:59:06 PM
We do not need anyone to tell us that with an Asthmatic, it is uninhabitable,it is and that is a medical fact.

Regardless of it being a 'medical fact' (not seen such a fact in all the journals I've read) you might want to have someone with some authority to confirm this for you so that you can attempt to get out of the contract and so she can move closer to her new job.  I'm sure the environmental health might be ale to do this but nt sure if they themselves deal with medical facts.

I am sorry your daughter is so unhappy with her property. Damp and mould seem to be a major problem in some properties but most often seem to be caused by poor ventilation. As it is going to be impossible to move short term have you tried cleaning off the mould (there are special cleaners out there, or a weak bleach solution) and leaving the windows open a crack and/or asking your landlord if they have a dehumidifier you can borrow? The only time I had a problem in one of my properties was with a couple with young children that were constantly boiling nappies and making soup - or at least that was how it seemed. They had all windows shut up tight and when they showed me of the problem I gave them a dehumidifier and showed them how to fix the Windows on the trickle setting. They cleaned off the mould themselves and shut internal doors when boiling things - problem solved. (I actually had a mould specialist call at the end of their tenancy to check the house and he found nothing wrong - it was solely down to bad ventilation caused by Windows being sealed up tight.)
If your daughter shows the landlord she is trying to stop the problem she may have better luck getting out of the contract earlier perhaps?