I think my rental flat is making me ill, can I get out of the lease early?

HappyGo

I have always been an asthma sufferer but it's only triggered by damp, dust or things like pets. The flat we're currently living in is making me really ill. I'm wheezy, full of snot and having breathing difficulties.

As a private tenant, what can I do? Can I get my local council to come in and investigate? Have I any rights to leave my tenancy agreement early?

Your thoughts and advice would be most welcome.

Thanks
Kay

tbs624

How do you know its the flat that is at fault?

Visited your doc yet?

If there are issues with damp/condensation, lack of repair and so on then yes you can ask the local Council to inspect the property ( use the tenancy relations officer (private sector rentals) and/or the Env Health Officer.

You could ask the LL if he will agree to an early surrender: note that he does not have to agree and if he does it is usual that you would be asked to pay the reasonable re-advertsiing costs etc involved in him finding a new T, plus continue ti pay rent etc until new T can move in.

pmlindyloo

First of all what proof do you have that the flat is making you ill? Have you been to the doctors and if you have, what does he say about your condition?

I am not sure what the conditions are in your flat that you believe are making you ill.

How long is your tenancy agreement and when does it end? Are you in England?

You are not able to get out of your tenancy early unless you can make a private arrangement with the LL who may consider it but generally will expect you to pay for readvertising and fees associated with finding a new tenant.

You could just leave but would be liable to pay rent until the end of the tenancy.

However, if there are 'issues' with the flat then if you post here with the problems then we may be able to suggest a way forward.

HappyGo

Thanks to both for replying. I know it's this place because I go to visit my parents a lot and when I'm back at their home the symptoms disappear. As soon as I'm back here in this apartment, they come back. I'm not kidding, my eyes stream, my nose constantly needs blowing... I'm wheezing. It's damp.

We live in a basement flat and you can smell the mould in the bathroom. We are airing the place out a lot - and our letting agents even said there could be issues as they're old buildings - and being in the basement doesn't help.

I've got two and a half months left on our agreement and the rent is £1,400 a month. Hence, enough for me to investigate leaving early. Especially as I'm always suffering here.

ognum

you need to talk to your landlord! Yes, have a conversation!

Say you need to move out, if needed get a supporting doctors letter. The landlord may agree to start looking for new tenants and release you early if they can find them. You do have to initiate a conversation though.

pmlindyloo

Basically there are two options for you:

1. Notify your LL of the damp problems and get them to investigate. Notify Environmental Health and ask them to investigate. iIf the damp is severe then I believe the Environmental Health department can force the LL to take action. Also I believe if the flat was found 'unfit for habitation' (or whatever words the current legistration uses) then the LL would have to pay for alternate accommodation while it was dealt with.

2. Ask the LL to go early.

Since you only have 2 months to go on your tenancy you may feel that number one is too much hassle but if your LL does not agree to your leaving early without financial penalties then you need to consider option one.

sariebeth

Most problems with damp in properties are caused by the tenants - sorry I know that's not what you want to hear! To prevent damp/condensation you need to

1. Ventilate properly
2. Heat adequately
3. Put lids on pans when cooking
4. Open a window when you bath or shower to let the steam escape
5. Don't dry clothes inside. If you have no choice, only do it it a very well ventilated room

The council moved the last tenants of the flat I live in because they said it was damp - but I haven't had a single problem in the year I've been here as I stick to the rules