Advice needed - Leaving tenancy early

NorFoLK_eN_CLue

Hi
We have been renting a flat from a LA since September and have a 12 month contract. We have just found a bungalow for rent and are viewing it tomorrow.
We have paid the rent on time and reported any issues with the flat straight away. One problem with the flat is we have damp/mould in the bedrooms and the windows are becoming mouldy.
Just wondering what happens if we leave the contract early?

anselld

What does the agreement say if anything about giving notice, eg after the first 6 months? If you are signed up to a 12 month contract and there is no serious breach of contract on the part of the Landlord you will be liable for the full term I think.
Landlord may be lenient if an alternative Tenant can be found.

2912pwil

(I'm not trying to be funny but...; ) have you read your tenancy agreement?? That will tell you what the notice period is (usually 2 months).

However, in your shoes I'd contact local council environmental health, complain about damp (you've obviously spoken to letting agent and written to them when it first started ... ) and get them env. health round then there'll be a bit of pressure on't LA to be helpful...

anselld

2912pwil wrote: »

However, in your shoes I'd contact local council environmental health, complain about damp (you've obviously spoken to letting agent and written to them when it first started ... ) and get them env. health round then there'll be a bit of pressure on't LA to be helpful...

... assuming it is actually as a result of fault which can be rectified by LA. In cold weather it is as likely to be condensation due to inadequate ventilation and/or not heating the space adequately.

MissMotivation

Legally if you have signed a 12 month Tenancy then you are bound to stay there until the end of the agreement......did you not realise then when signing?

Have you spoken to the LL to see if there is any way he would let you out of the agreement early? I think you may have some problems.

Really this should all have been explained to you when you signed initially.

NorFoLK_eN_CLue

Thank you for your reply's.
Yes i have read the contract and it does not say anything about leaving early. I have found a Section 21 form: Assured Shorthold Tenancy: Notice Requiring Posession, it says:
(Expiry date) After: 25 September 2009
or, if the alternative date mentioned below is different, after the alternative date. The alternative date is the first date which is:
- at least two months after service upon you of this notice and
- (if your tenancy is for a fixed period which has not ended when the notice is served on you) which is a date not earlier than the end of the fixed period, or
- (if your tenancy is a periodic tenancy) which is the last date of a period of your tenancy but not earlier than the earliest date on which your tenancy could (apart from the landlord's inability, under s5(1) of the housing Act 1988, to terminate an assured tenancy by notice to quit) lawfully be ended by a notice to quit given to you on the same date as this notice.

Thank you

clutton_2

you have signed a legally binding contract for 12 months. if you did not seek advice as to your tenants rights before you signed it, then i am afraid that was a mistake on your part.

the LL can legally claim rent from you until he finds another tenant, plus all the costs of advertising, cleaning etc etc

you will need to be nice to your landlord if you want him/her to agree to accept an early termination without him taking your to court - as you want to break the contract's fixed term.

talk of going to the council will only get his/her back up - if a tenant proposed doing this to me, i would really dig my heels in and claim every penny i was entitled to

you are in the wrong by wanting to break this contract - and yhou need to negotiate with the LL so that he is not out of pocket


if the LL decided after 6 months of a 12 month contract that he wanted you out - you would not like that

however, having said all that, take your agreement to CAB or Shelter and ask them if it contains a break clause. EVEN if it does, you are still legally bound to give your LL a full calendar months notice ending on rent day

mlz1413

NorFoLK_eN_CLue wrote: »

Hi
We have been renting a flat from a LA since September and have a 12 month contract. We have just found a bungalow for rent and are viewing it tomorrow.
We have paid the rent on time and reported any issues with the flat straight away. One problem with the flat is we have damp/mould in the bedrooms and the windows are becoming mouldy.
Just wondering what happens if we leave the contract early?

Why are you looking at another place when you are still within your fixed term?
You say you have reported problems straight away and that one of those problems is damp - has the LL acted on your reports? If yes has LL done everything possible, advise what the problem is? If no have you had any contact from LL? Are there any other issues outstanding?
What happens if you leave early is you continue paying the rent in full until the contract ends. If can ask the LL if you can find suitable replacement tenants at your own cost.

pinkshoes

Are you ventilating the property suitably to prevent mould? i.e. open windows??? Do you dry your clothes inside at all? Or leave damp towls on radiators?

You're in a 12 month fixed period on your rental property, so you're legally obliged to pay the full 12 months, so you might want to speak to your LL nicely before looking for somewhere else.

They might agree to let you leave if you pay all the fees involved in finding a new tenant, as well as paying the rent up until the new tenant moves in.

NorFoLK_eN_CLue

Thank you
We are looking at the property because we want to live in a bungalow and the rental price for it is low where i live. The flat that we are in is our first property off renting and when we were looking for renting no bungalow were available and we had to find a place to live asap.
We do not have any contact with the LL only the LA, they pass on what we tell them to him. We have only met him once when he came round to look at the sink and fan in the bathroom. We have told LA about the damp and that the windows are becoming mouldy, they didn't really say anything and that they will tell the LL. We recently had our mid-term inspection and i showed the lady the damp and she said to just keep the windows open, which i do anyway, but on the main bedroom there is no latch and the window flys open and lets so much cold in. She said she will get a latch fitted, we are just to here from anyone about putting a latch on.
We may someone we know who can become new tenants, would they accept if we offer to pay for their reference fees and one months more rent until the new tenants move in.
Would prefer to speak to LL directly but as i said we only have contact with LA. [FONT=&quot] [/FONT]

mlz1413

The LA is the Letting AGENT and the LL is the Land Lord and so owner of the property.

The LL is using a LA so they don't have to have direct contact with you - very standard but ultimately the contract is with the LL via the LA.

If you are using a LA you should back up every contact with a letter - LA can say the will tell the LL but if they forget, don't chase up etc then you are left with problems and LL doesn't necessarily know about them.

Write a letter to LA setting out the problems and request an acknowledgement and approximate date of repair. Also say that long term you wish to move to a bungalow and could they confirm if you will be able to leave early if you paid towards new tenants costs.

Chase up your requests via letter - these can be hand delivered, take a name of who you leave the letter with or get them to sign your copy of the letter.

Also have a look at your contract again as you should have the LL contact details on there, you could copy all your letters to them.