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Terminating Fixed Tenancy Early - Problems Ahoy!

I would like to enquire as to whether it is possible to terminate a fixed tenancy earlier than the 6 months given in the original agreement. Any help or advice that you can provide on this I would be extremely grateful for.
I need to be released from the tenancy as I am finding it very difficult to stay in residence there due to the neighbours and the problems thus far experienced.
So far, I have experienced the following:
* Music being played until 5am. (The neighbours are unemployed so this happens on a daily basis.) - Reported via letter.
* The police being called to next door on two occasions as the domestic disturbance next door was so bad. - Reported via letter and telephone.
* The neighbour's dog is left outside for up to 10 hours at a time with no food, water or shelter. This results in it howling for long periods which cause me and my own dogs a great deal of stress. - Reported via letter.
* The neighbour's dog is now able to get under their fence and repeatedly ends up in my garden. My dogs are not happy with this, and I am now starting to dread going into my garden in case their dog is outside. Last week, it tried to bite one of my dogs which ended up in a dog fight. -Reported via letter and telephone call.
* Our fence panel being broken on the neighbour's side as their children like to destroy it and put their hands through to try and stroke my dogs, or to throw things through at them. Yesterday, it was soil with rocks in. I have had to purchase chicken wire to stop this, but now they just try and rip down the chicken wire. - Reported both verbally and via letter.
* Things being thrown at us/the dogs in the back garden. Examples are as follows:
- Full carrier bags of household waste
- Children's toys
- Vodka Bottles (One of which smashed and my dogs nearly ended up with a vet trip.) - Reported via letter.
* The children from the estate pulling up the fence panel and leaving it off in order to gain access to the garden when we are not in. (I have managed to put this at bay a little by putting nails above the panel so it cannot be lifted, however I am scared that they will actually break through it one of these days now I have tried to secure the garden.) -Reported via letter.
* I have been messed about with the contractors, who have made appointments and not kept them, meaning I have missed 3 days of work and lived without Carpets for nearly 4 weeks. I had to wear shoes in the house due to the nails sticking through the floorboards. - Reported via letter and telephone.
* The work that the contractors have done is below standard. The cupboard put on the wall is now starting to fall apart (I have managed to fix it), and two of the doors in the house they put on are now nearly off their hinges again. We did advise this at the time, and they re-visited and screwed them back in. I am not a labourer, but I can see that the frames are cracked and need replacing and will no longer hold the weight of the doors. I do not wish for the blame for their work to be placed on me and come out of my deposit. - Reported via letter and telephone.
* The kitchen units doors are falling off, and the kickboard underneath is also missing. - Reported via telephone.
* I still do not have any bins for the property for my household waste, even though I have been in residence for 12 weeks. I do not drive, therefore my rubbish has to be kept outside of the property until someone can come and pick it up in black bags. I am terrified that I will start getting rats into the property because of this. It is a heath and safety hazard, and I feel that it may put the heath of me and my dogs at risk. This does not appear to be of importance to anyone, and I feel I am not getting any help. This has been reported on 5 seperate occasions, and each time I am told that they have been ordered and are on the way. I have been told I am unable to order them myself as I will not be reimbursed for these costs, even thuogh they were not there at the start of the tenancy, but they are happy to take the costs on themselves if they order them. - Reported via letter and telephone.
* The property was subject to an attempted burglary last week, which was reported to the police. Unfortunately, or fortunately depending how you look at it, nothing can be done as no damage was caused. - Reported via telephone on the day.
* There is still damp in the kitchen and dining room. This has never been fixed, although was present on the initial report as confirmed by the contractors initial quote. - Reported via telephone.
* There are two electrical sockets in the house that are a danger to my health, one of which is not even fixed to the wall and has no plaster even holding it on (and was even painted around by the contractors!) and the second is in the middle of the damp patch in the dining room. I am terrified of using a plug in this socket in case the damp has penetrated the socket itself (which I must also point out is damaged.) - Reported via telephone. Was on initial contractors report.
When I took on the property, I was advised that a lot more work was going to be done, than actually was in the end. I was told that the only rooms not being done were the kitchen and the bathroom, which I said I was happy to do myself. This turned out to be not the case, and I feel that I was not correctly informed, and did not find out until the contractors arrived. I feel that had I been correctly informed at the outset regarding the state of the property, I would not have taken the tenancy. I understand that the contractors were unable to visit when they were expected in the beginning, but I did not expect the place to be filthy and uninhabitable, just for the work to be completed at a later date. Even the garden was full of broken glass, and rubbish. This was not advised to me; even though I informed them throughout that I had dogs.
I have asked to be released from this tenancy as I feel scared to be alone in the house and due to all of the above problems, but they have informed me that this is not possible and that I need to pay until November 23 2008 even though I will not be living in the property after August 30 2008. I have had to find alternative accomodation in the form of taking the house back on that i previously gave up due to a relationship breakdown as I feel that living there to the end of the tenancy will not be good for my mental health. I only take home £995 per month, and paying an extra £410 per month towards a property I will not be living in will be extremely difficult for me.
I feel extremely vulnerable in this house and have had to get my partner to stay with me full time as I am terrified of something happening. This happened alot sooner than I expected!
I feel that I have been misled about the state that the property was going to be returned to when the repairs were instigated.
I would like to know where I stand regarding any damage done to the property when I will not be living in it. I intend to take photographs when I leave, however considering the property has had an attempted break in that was only foiled by the dogs in attendance, I am concerned that the property will be vandalised or damaged when I am not there and this will be held against me regarding my deposit.
The letting agent are aware I will not be living in the property and have asked me to put it in writing, which I have done, citing all of the above as reasons as to why I will not be living there. They have been informed of all of the above previously both by letter and by telephone. They are still unwilling to help. I understand that they are in the business of getting money, but I am sad that they are not able to help me at all.
I have contacted Environmental Heath who have advised me that they are willing to inspect my property, but it won't do me any good as I will be moving soon. They have said it will prevent problems for future tenants however which I am happy to do.... but won't help me get out of my tenancy!
CAB have said that there are too many specialist areas here so are unable to really help me.
I am very sorry about the length of this post, i'm just getting to the end of my tether and feel the need to vent and hopefully get advice!
Thanks for reading :)

Comments

  • SquatNow
    SquatNow Posts: 2,285 Forumite
    As long as you have copies of the letters, the worst that can happen is you'll lose your deposit... and if it's in a deposit protection sceme they'll struggle to get at it. If it's not in a deposit protection sceme a quick mention of the sceme rules will have the rest of your AST waived.

    If they tried to take you to court for the remaining rent, I can't see them getting very far, especially if you keep copies of the letter and detailed photos, or better still a video.

    The issues with the neighbours wont mean much in court but the poor condition of the property will, especially dangerous elecritcal faults.

    Also, have you got a gas cert? If not your free and clear!
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • SquatNow
    SquatNow Posts: 2,285 Forumite
    Duplicate post
    Bankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.
  • Unfortunately, we do have a gas certificate... so that one is out the window! I did think of that briefly, but turns out that we do have one :/ -- gotta think of a better way!

    I don't really like the idea of doing a runner for 3 months rent, I was kinda hoping that I would be able to get out of it in a better way... I think I'm too honest! LOL.

    But you're right about the deposit, it is in the protection scheme. Have only been in the property 3 months!

    I will be taking alot of photos, and the inventory for the property still shows the original condition of the property when we took it on, so they don't have a hope in hell of taking the deposit... LOL. I couldn't leave it in a worse condition than it was originally in if I tried!
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    Sadly the vast majority of your complaints are about the neighbours and not about the property - and none of the neighbours behaviour, nor the community behaviours, can be laid at the door of your LL.

    legally, you are bound to pay the rent for the full period that you signed up for - irrespecitve of the state of the property. it will be argued that you moved in knowing the condition, therefore you have no case.

    However, you could write direct to the LL and offer to find another tenant for the LL - as a LL has a duty to mitigate his losses by finding a new tenant as soon as he can - offer to fund the advertising costs. I would give a months written notice (on your next rent day) and see what response you get from the LA.
  • Ulfar
    Ulfar Posts: 1,309 Forumite
    Ignoring the neighbour issues but the fact you have been lied to by the letting agent as to the repairs to be undertaken and the health risks of the property.

    Get the environmental health round, if they say the property is uninhabitable or dangerous then I would love to see the landlord take you to court for lost rent.
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