Ending Tenancy early

penguingirl

You are always best attending the final inspection, that way you can discuss any deductions that he might want to take out of your deposit. It's always useful to take a camera too. Was your deposit protected? Was it newly painted when you moved in? If it wasn't he can't make you pay for a full repaint as that would be betterment.

Werdnal

penguingirl wrote: »

Was it newly painted when you moved in? If it wasn't he can't make you pay for a full repaint as that would be betterment.

Not quite true. If OP and LL have an agreement to end the tenancy early, LL has a right to request compensation for his inconvenience in ending the binding contract. This is often in the form of covering rent and/or reletting fees for the LL until new tenants move in. In this case, it seems LL may have agreed to a quick re-paint of the property as part of his compensation, allowing him to let again pretty quickly without any cost to spruce up for new tenants. Quite reasonable and not at all dodgy in my opinion. After all, LL could have flatly refused to let tenants move out and held them for the remaining rent until the fixed term ended.

penguingirl

Werdnal wrote: »

Not quite true. If OP and LL have an agreement to end the tenancy early, LL has a right to request compensation for his inconvenience in ending the binding contract. This is often in the form of covering rent and/or reletting fees for the LL until new tenants move in. In this case, it seems LL may have agreed to a quick re-paint of the property as part of his compensation, allowing him to let again pretty quickly without any cost to spruce up for new tenants. Quite reasonable and not at all dodgy in my opinion. After all, LL could have flatly refused to let tenants move out and held them for the remaining rent until the fixed term ended.

Fair enough, but I think the OP needs to be clear about what is being asked for/offered in terms of compensation for ending early and what is the normal end of tenancy stuff.

tbs624

penguingirl wrote: »

Was it newly painted when you moved in? If it wasn't he can't make you pay for a full repaint as that would be betterment.

As Werdnal says above.

Note too that in the normal course of events the fact that a property may be newly painted by a LL at the start of the tenancy does not mean that an exiting T would also be obliged to newly repaint. LL has to make allowance for FW&T - which covers things like small scuff marks which would occur during normal living, natural fading/discolouration of paintwork and so on.

Caseymoo

tbs624 wrote: »

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?

No, he didn't want a security deposit as there weren't any carpets or curtains in the property and there wasn't an inventory done either as the only things in the house that weren't mine were the bathroom and kitchen fixtures

Caseymoo

BitterAndTwisted wrote: »

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?

It had just been freshly painted so I am guessing he was covering it up, I have taken pictures to prove that we cleaned the property and painted it as he asked and also pictures of the bad mould, the broken fencing and the broken hot tap in the bathroom.

BitterAndTwisted

So when the landlord asked to meet you at the property what happened or has that not taken place yet?

Caseymoo

Ok so now I painted the property and cleaned it as requested and he seemed very reasonable about everything he even said he would take away our rubbish for us so we didnt have to pay as he has a van.

The next thing I know I am getting threatening text messages saying he is going to take me to court and that he had to hire a skip to remove the rubbish. Well Ive been passed the house everyday since I left and there hasn't been a skip there, nor would he have needed one as there was a lot plus he agreed to take it away??

He is now saying that I left the house in a mess and he has taken photographs (thank goodness I took some to prove we cleaned it) and wants £300 compensation or he will take me to court.

I don't know what to do as i don't have any money I am a carer for my dad and even if i did have the money I wouldn't want to give him the money when he couldn't be bothered to repair anything in the house.

Caseymoo

BitterAndTwisted wrote: »

So when the landlord asked to meet you at the property what happened or has that not taken place yet?

He basically said everything was fine, to paint everywhere white and he would remove the rubbish

pinkshoes

Caseymoo wrote: »

No, he didn't want a security deposit as there weren't any carpets or curtains in the property and there wasn't an inventory done either as the only things in the house that weren't mine were the bathroom and kitchen fixtures

So if there was no inventory done, then how can he prove the initial condition of the house? I'd tell him to go whistle.