Early termination of rent - landlord not fulfiling conditions in the contract

JK4158

Hi

Before moving into the current home, I asked the landlord and agent to install an extractor fan (as the kitchen was small and right next to the smoke alarm). When I came to view the house, the previous tenant was cooking and the entire house felt really 'soaked' with the smell, so I asked for an extractor fan.

The agent added this into the agreement, and landlord said ok. I even asked the agent numerous times before moving in if this was installed and he said he will check.
(There was about a month gap between the previous tenant and my moving in). My fault i didn't check this myself, but I moved in and realized it was not installed. There were also other problems in the house I will not write here... The agent proved not helpful saying they do not manage the property hence I should talk to the landlord.

I wrote to my landlord numerous times (e.g., more than 10 times) and everytime the landlord gave various excuses why it cannot be installed (too expensive, too complicated, the guy who installs has gone missing, she is sick, her son is sick etc etc). I almost gave up but at the end someone came to install this about 4-5months later of my moving in. The landlord bought the extractor fan with filter (landlord did not want to make hole through the wall or window. That I was ok with). Since there was an old cabinet on top of the stove, the worker just stripped the cabinet out and stuck the extractor fan on it. So all the wall paper came off around the area and it looks bad (I sent my family the pictures, and they asked me if I am living in a ghetto). Also nobody took the cabinet so it is still in my house (it has become a large garbage). I sent landlord the pictures but at this point I gave up, tired of asking the landlord to fix things in the house. Even after the extractor fan was installed (bc it was not connected to outside, didn't work as well), the fire alarm kept ringing everytime we use the stove. 

New problem arose. Neighbours in early 20s moved in upstairs and have house guests frequently / make constant noise around the house during the day. I work from home, and due to the stress of the new neigbours and the landlord, I asked the landlord for early termination (3-4 months earlier than permitted under the break clause), and said I would be open to pay any fees that might be incurred.

I need advices and help in two areas:
(1) Early termination fees: on top of all the costs (reletting, referencing, cleaning, inventory etc), the agent said I will need to pay the remaining months commissions (until break clause) even if she gets a new tenant before that. The commission is about 8-10% of the rent. All in the total fees I need to pay would be about 1500£ for 4 months. 
Is this reasonable? I don't understand why this is a loss incurred by the landlord if the flat gets relet?

(2) Landlord is currently refusing to agree to the early termination saying it was really expensive to install the extractor fan (~1000£). But from my perspective, I put this as a condition in the contract even before I moved in, and I wouldn't have chosen this house if there was going to be no extractor fan. So I feel it is a bit unfair to blame this cost on me (she could've just picked another tenant). Would it be impossible to leave early if I do not get the landlord's consent?

Thank you for reading my long post!

Best,
Streesed Tenant

Slithery

Forget about the agent, only the LL has the final say.
If your LL doesn't want to agree to an early termination then that's their choice, there is nothing you can do about it.
Your neighbours have nothing to do with your LL. Would you complain to the mortgage company if you owned the property?

SpiderLegs

So you really want early termination because some new neighbours moved in upstairs. The fan is just an excuse.
tbh if you have a break clause in 3-4 months you would be better waiting it out. Your LL is under no obligation to release you earlier.

canaldumidi

You have no right to an early termination unless the landlord agrees.

The neighbours are nothing to do wih the landlord, or the tenancy - it' a standard neighbour dispute. Contact the council's noise officer? eg

https://www.oxford.gov.uk/info/20058/noise_pollution/145/report_a_noise_complaint

If the fan is specified in the contract, and the landlord has ignored repeated written demands for installation (using the correct address), then follow the (very precise) process to install it yourlf and deduct the cost from rent.

https://england.shelter.org.uk/housing_advice/repairs/doing_the_repairs_if_your_landlord_wont

FreeBear

JK4158 said: The landlord bought the extractor fan with filter (landlord did not want to make hole through the wall or window. That I was ok with).

Without a hole in the wall (or window) to the outside, it is not an extractor. Just a recirculating cooker hood with filter. Whilst it may reduce some of the cooking smells, it won't get rid of smoke or steam. If the LL is claiming it cost ~£1K to fit, he/she is either lying or has been had.

deannagone

I've had a similar problem, just opened a window in the lounge, opened a door/window in the kitchen to create a through draught and coped that way.  Set a fan by the window to draw steam out.  But just as LL could have refused to accept you, you probably should have refused the flat as you knew there was an unacceptable thing already in place.  It one of those things, at this point, you just have to put down to experience.