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New Rental Contract and Damp Issues

My rental is up for renewal on the 1st July.  The letting agent has already sent me the contract to sign, but I am hesitant to sign it.

Over the past year I have finally been able to get damp issues looked at through getting Environmental Health involved.  The issues with damp have yet to be resolved and I thought it very bold of them to expect me to sign for another year.  There are clauses in the contract to keep the property in good repair and this hasn't been the case.

They have reduced the rent, but surely I'm within my rights to refuse to sign, it just doesn't feel right to me.

Can anyone offer some wisdom, as I expect a phone call from them soon.

Thanks

D




Comments

  • okigen
    okigen Posts: 88 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    edited 28 June 2021 at 11:13PM
    You aren't obliged to stay. Once you have finished the minimum term stated in the contract you can just give them notice to leave. Make sure you read the contract to know how long the notice needs to be.
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    okigen said:
    Once you have finished the minimum term stated in the contract you can just give them notice to leave.
    No notice is required to leave at the end of the fixed term.

    OP, you are under no obligation to sign a new tenancy if you wish to stay. Read...
    Ending/renewing an AST
  • babyblade41
    babyblade41 Posts: 3,965 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I wouldn't sign it at all ... see how long it takes to get the damp issue solved  then 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You're in a property that's damp, and the landlord's not fixing the damp. You've had to bring EH in.

    Why are you even contemplating staying there? There'a very quick and easy way to resolve your issue. MOVE!
  • theartfullodger
    theartfullodger Posts: 15,739 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Don't sign.  You can stay anyway after end of current term, tenancy just rolls on monthly. Find somewhere better then move.
  • As said you are of course under no obligation to sign a new contract.

    Your tenancy will automatically (landlord/agent cannot prevent this whatever they say) continue as a periodic tenancy if you stay in the property past the fixed term.



  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you sign another 6m (or longer) AST, then you are effectively saying to the LL that you are not bothered if they fix the damp issues or not. Why would you surrender your major negotiating point? 
    Consider how he is going to re-let it once viewings start and you helpfully point out the damp problem to the prospective new tenants?
    No free lunch, and no free laptop ;)
  • madstar
    madstar Posts: 15 Forumite
    10 Posts Second Anniversary Name Dropper
    okigen said:
    You aren't obliged to stay. Once you have finished the minimum term stated in the contract you can just give them notice to leave. Make sure you read the contract to know how long the notice needs to be.
    Is this applicable to Northern Ireland tho?  Contract states I must renew tenancy/lease every 12 months.

    AdrianC said:
    You're in a property that's damp, and the landlord's not fixing the damp. You've had to bring EH in.

    Why are you even contemplating staying there? There'a very quick and easy way to resolve your issue. MOVE!
    I'm looking to buy atm, so this could happen in a few months or 6 months i dont know, if I sign the contract this would leave me liable for the remainder of the term.

    macman said:
    If you sign another 6m (or longer) AST, then you are effectively saying to the LL that you are not bothered if they fix the damp issues or not. Why would you surrender your major negotiating point? 
    Consider how he is going to re-let it once viewings start and you helpfully point out the damp problem to the prospective new tenants?

    Thats a fair point.

    They sent me a reminder yesterday, contracts !!!!!! me off when I read them.

    Thanks guys, somewhat more prepared if they do want to talk to me.

  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    madstar said:
    My rental is up for renewal on the 1st July.  The letting agent has already sent me the contract to sign, but I am hesitant to sign it.

    Over the past year I have finally been able to get damp issues looked at through getting Environmental Health involved.  The issues with damp have yet to be resolved and I thought it very bold of them to expect me to sign for another year.  There are clauses in the contract to keep the property in good repair and this hasn't been the case.

    They have reduced the rent, but surely I'm within my rights to refuse to sign, it just doesn't feel right to me.

    Can anyone offer some wisdom, as I expect a phone call from them soon.

    Thanks

    D




    It would have been helpful if you mentioned this was in Northern Ireland in your opening post.

    https://www.housingadviceni.org/what-do-if-your-landlord-refuses-repair

    Your tenancy agreement will automatically become periodic after the fixed term ends so you don't have to sign a new fixed term.

    https://www.housingadviceni.org/advice-private-tenants/can-i-be-evicted
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