Ending Tenancy early

Caseymoo

Hi myself and my boyfriend have just left our property 2 months into a 12 month contract, all in all we lived there for 14 months.

After giving the landlord notice to move out he said that was fine but said we had to paint the whole house as there were a few marks on the walls or supply 3 barrels of 10l dulux paint RRP (£110) I think this should be classed as wear and tear.

He increased our rent by 50 pcm in the new contract the house is ridden with damp and mould the hot tap in the bathroom doesn't work the boiler leaks and is about 50 years old, the fencing in the back garden is all broken, there aren't any carpets and the radiators don't work.

We have asked him to fix things and he always said he was going to but never did. Anyway today we cleaned the property and gave the keys back, he is now saying he wants me to meet him at the property for a final inspection (which i thought had happened today) and I said tell me what needs doing and i will do it but he is insisting i go and see him and i don''t know why.

Do we have a leg to stand on if he starts threatening us with legal action etc? We have taken photographs and videos of the damp, mould and broken fencing etc.

Would really appreciate any advice thanks

BitterAndTwisted

If the property was so sh!te why on earth did you choose to sign another fixed-term AST? Notice I used the phrase "fixed-term".

You are in danger of having the pants sued off you is the short answer

Lavendyr

Have you got it in writing that he has released you from your fixed term contract?

Caseymoo

Lavendyr wrote: »

Have you got it in writing that he has released you from your fixed term contract?

No I asked him for it in writing but have yet to receive it.

Caseymoo

BitterAndTwisted wrote: »

If the property was so sh!te why on earth did you choose to sign another fixed-term AST? Notice I used the phrase "fixed-term".

You are in danger of having the pants sued off you is the short answer

Because we didn't have anywhere else to go or any savings in order to move. He also assured us he was going to fix everything that needed fixing

tbs624

caseymoo - you need to have the LLs written consent to you being released early from the Fixed Term agreement. Without that he can pursue you for the rent and other payments due under the full length of the most recently signed contract.

Unfair though it may seem, the repairs and maintenance issues that you describe do not mean that you can just walk away from the tenancy.

If you are able to sort the written consent ( you may have difficulty) then you need to deal with this part:

Did you pay a tenancy deposit when you first moved in and if yes (and property is in Eng/Wales) did your LL scheme register it and give you the "prescribed information"?

Was there a jointly signed inventory completed at the start of the tenancy?

BitterAndTwisted

The only way that you can be released from your legally-binding agreement, which is what your fixed-term AST is, is with the landlord written agreement. He could hold you to the paying the rent until he finds an alternative tenant or your agreement expires, whichever is the soonest.

Was there any damp and mould evident in the property when you took on the tenancy or had it all been freshly painted?

tbs624

Caseymoo wrote: »

Because we didn't have anywhere else to go or any savings in order to move. He also assured us he was going to fix everything that needed fixing

You probably didn't know that you could have stayed on under what is called a statutory periodic tenancy - it arises automatically after expiry of a Fixed term AST, if the T does not move out and both parties have not agreed to a new Fixed Term. LL then has to give you 2 months notice and you have to give just one month's notice to be able to go.

G_M

You signed a 12 month contract, so you are legally obliged to pay rent for 12 months.

The state of the property and repairs is a seperate issue, which you can deal with seperately (if you stay).

The landlord CAN agree to release you early from your contract, but that is a matter for negotiation/agreement. He can request as a condition of his agreement, well, anything - hence the negotiation.

The most normal arrangement is that the tenant pays the landlords costs ( re-marketing the property, agents finders fee etc) as well as rent up till the next tenant is installed.

In this case he seems to be requesting you re-paint as a condition of the Early Surrender. If this re-painting is agreed on that basis (as opposed to a deduction from your deposit for damage you caused during the tenancy, which you could dispute via the regisration scheme) well, you can agree, get it in writing, re-paint and then leave.

Or you can refuse, come to a different arrangement, or remain liable for another 10 months rent.

franklee

Unless there is a break clause. OP on what basis did you give notice to leave early and what proof do you have of the LL agreeing? Did you invoke a break clause?

jjlandlord

Caseymoo wrote: »

Anyway today we cleaned the property and gave the keys back, he is now saying he wants me to meet him at the property for a final inspection (which i thought had happened today) and I said tell me what needs doing and i will do it but he is insisting i go and see him and i don''t know why.

This seems to suggest that the offer to surrender has been accepted. As others have suggested it'd be in your best interest to have something in writing.