ending the tenancy

amya85

We have been living in a flat that is riddled with damp.

This problem has been ongoing for over 2 years, and the interior repairs are yet to be carried out.

We have a baby due in 2 weks and want to move out

We are on a rolling contract and I understand that a landlord will request a months notice that falls in line with the dates of the original tenency.

I wondered, because of the conditions we have been made to live in and the health issues it could pose, to ourselves and our children, would we be able to simply give in our months notice and leave, on the dates that we choose?

I personally feel that he is lucky that we haven't just walked, the conditions are that bad, but the letting agents also hold our £550 deposit, which realistically we deserve to have back as we have always ensured that the property is well looked after, from our side.

Hope someone can help?!

jamie11

amya85 wrote: »

We have been living in a flat that is riddled with damp.

This problem has been ongoing for over 2 years, and the interior repairs are yet to be carried out.

We have a baby due in 2 weks and want to move out

We are on a rolling contract and I understand that a landlord will request a months notice that falls in line with the dates of the original tenency.

I wondered, because of the conditions we have been made to live in and the health issues it could pose, to ourselves and our children, would we be able to simply give in our months notice and leave, on the dates that we choose?

I personally feel that he is lucky that we haven't just walked, the conditions are that bad, but the letting agents also hold our £550 deposit, which realistically we deserve to have back as we have always ensured that the property is well looked after, from our side.

Hope someone can help?!

No. Do it properly. You need to give your one month notice to end on the last day of a period of tenancy, e.g. if your tenancy starts on the 4th of the month then it's last day will be the 3rd of the next month. All you will be doing if you walk away is setting yourself up to be sued for yet another month's rent.

The notice periods are set down by statute so it's best to stick to them.

G_M

Of course you can 'just walk away'.

But don't be surprised if you are chased through the courts for the rent you owe by not giving proper notice.

amya85

G_M wrote: »

Of course you can 'just walk away'.

But don't be surprised if you are chased through the courts for the rent you owe by not giving proper notice.

We don't want to just walk, we still want to give a months notice, but I feel that the conditions of the flat gives us some sort of right to do it on our own terms

jamie11

amya85 wrote: »

We don't want to just walk, we still want to give a months notice, but I feel that the conditions of the flat gives us some sort of right to do it on our own terms

You can negotiate with the landlord, you may get somewhere or not, but the law makes it easy for you to leave properly with one month's notice, the law takes precedence over 'your own terms'.

G_M

amya85 wrote: »

We don't want to just walk, we still want to give a months notice, but I feel that the conditions of the flat gives us some sort of right to do it on our own terms

What you 'feel' does not alter the law, or the rent you will owe.

I 'feel' it is perfectly safe to drive at 80 in my high-spec car with disc breaks on the M1 - sadly the speed cameras tend to overlook my 'feeling' and issue me with tickets!

Yorkie1

amya85 wrote: »

We have been living in a flat that is riddled with damp.

This problem has been ongoing for over 2 years, and the interior repairs are yet to be carried out.

We have a baby due in 2 weks and want to move out

I feel that the conditions of the flat gives us some sort of right to do it on our own terms

By your own account you've had over 2 years to do something about this but have chosen not to do so.

However bad the conditions may be, your case for urgency is hardly compelling given the history and what would appear to be lack of forward planning, if the main impetus is suddenly the imminent birth of your child (for which, hope all goes well by the way).