Difficult landlord and agent. Help!!

Myfeetarecold

Hello, this is my first post here and it is a long one so if you get to the end, thank you!

I moved into a privately rented property in November 2010. I received a proposed tenancy (which I still have) stating that its a 12 month contract with a 6 month break clause. I met my landlord and discussed this at length with him and we both agreed to it. I then received this proposed agreement and agreed to it. I then signed my contract, and again had a conversation with the agent where he fully eplained how a break clause worked......anyway.....

I now want to end my agreement early; 2 months earlier than the break clause in fact. I called the estate agents who talked me through how to go about this and flippantly said "If the LL says no, then you have to stay until November" I obviously then queried this and told her that I had a BC. However, she has now sent me a copy of the agreement that I signed, which just says 12 month contract. I know people will say that I should have ensured that this was changed before I signed, however, when I was signing the contract, I had the proposed contract with me and when I queried it, the EA said "yes the break clause is included in that 12 month contract". He was so convincing, and obviously having the proposed contract with me, I thought that this sounded right.

I am now not sure where I stand. Coincidently, I never did sign the page which states "12 month contract", just the last page of the contract.

Also,

1 month after I moved in, I found out that my LL had come to my home to collect some letters, while I was out. However, his letters had been put into a safe place which he would not have known about unless he had gone through all of my things (which he did, he also moved lots of things around). On top of this, I had an inspection a few weeks ago, and told the lady about the amount of damp Ive had, she said that it is because of the roof leaking but that the LL is refusing to repair it until I move out.

Please give me all of your advice, I'm completely at a loss as to where I stand and what I should do!

Thank you

Emmzi

start with the reason you want to move after only 4 months as that will give an idea what is worth fighting over

Myfeetarecold

I am being relocated at work and this will be too far to commute.

Emmzi

ok. so if moving anyway, damp is not worth bothering over. However note your complaint in writing, recorded delivery, in case there is loads of mould later and you get the blame.

also not worth fighting over LL letting themself in if you are off.

unfortunately you should have read your contract in more detail; but you know this. Worst case the hold you liable for another 8 months rent, but theey have a duty to mitigate your losses by trying to re-let the property.

Best case they ask you for advertising and re-letting fees and someone new takes on the place quickly.

Myfeetarecold

Thanks for the response.

The EA is aware of the damp; they have said its because of the roof leaking and have given me that in writing. They also said that it is up to the LL to decide when it is corrected and in their words "most of the time, LL's dont bother, so its a losing battle".

My issue really, is if the LL refuses to allow me to leave early, are the issues I mentioned worth fighting over, as he has broken the contract twice now. The damp has caused me to have a cough, which everyone agrees (including the EA) is because of the mould spots so why should I be forced into being out of pocket because the LL refuses to sort the flat out. It was also not a case of sold as seen, as the mould had been painted over prior to me moving in.

The EA has really annoyed me; they have misled me completely. They stated the same as the post above in terms of I will be liable until they find another tenant, however they have already said that it would be hard to let again because of the damp (although when I moved in, the damp had simply been painted over), they also said that due to the LL breaking the contract and then abusing their staff, they would be unwilling to work with him again.

I feel so confused! :-(

lynzpower

They are seperate issues and you should not see them as one and the same:

1) the LL is ignoring repairing roofing/ damp obligations and/or the agent complicit in this. If you have in writing that the LL is not going to repair, then you have the opportunity to contact Environmental Health at your local council. they have a range of options at thier disposal to ensure the work is done.

2) you want to move out earlier than the BC, and the agents are now not accepting the break clause as it shows that the contact is confused ( in thier view) . Your work relocation is not anything to do with them and they have no requirement to make extra allowances, aside from to say that there would be a break clause and you will use it if you want to. ( adn you do) there is nothing wrong with that,

But these are 2 distinct issues.

If was in your shoes I would simply give notice to move out, in writing to that date, indicating that you are usin the break clause would be expected as it was discussed prior to the signing of the contract. Speak to your local housing law centre or

If you are bothered one way or the other about the damp then ask Environmental health to come over and do an assessment of the property.

However be aware that it is unlikely that a leaking roof would make your case to move before your contract is up any stronger.