Early Termination of Lease

[Miggz]

Hi, I am trying to find out the best way to terminate my current lease. The lease started in July of 2007 and runs for 12 months. However, i have been offered a job elsewhere. They won't wait till July though. So i need to get out as soon as possible.

The thing is our flat seems to have developed a mould problem. Would i be able to use this to get out of my contract? If so how? or is there any nicer ways i can do so?

[ShortlyTdwarf]

In this instance I wouldn't recommend trying to break the contract by using a developing mould problem as cause. You may be left liable for the remainder of the contract. If the mould is becoming a problem then you need to contact your landlord and between you ascertain the cause. Mould in a property may not be a fault of the landlord or even a repairable event according to the lease. An exact cause of the mould needs to be found to see who may be responsible for any repair work or cleaning up.

 

The best advice I can give here is that you talk to your landlord and see if there is a way to break the contract that is beneficial to both parties. Some landlords will allow you to break a lease if you can find them another tenant before you move out, thus giving you the option of ending the contract early.

Another option may be to find out if you could sub-let the remainder of your lease with a view to the sub-lessee renewing the lease at the end of the current term.

If you break the contract you would be liable for the rent for the remainder of the lease.

As an after thought, is there a condition in your lease that allows for an early termination?

[Miggz]

Thanks for your reply

 

Sadly i can find no clause that would release me from the contract.

 

The flat has a number of leaks in the roof, and has done since we moved in. The landlord has been notified about these leaks, and the fact that there are so many gaps in the exterior walls. All of these issues i believe to have contributed to the mould. I have photos of the mould in various places around the flat, including the mushroom we found in the bathroom!!

[summer30]

I agree with finding someone else. We have done this before however make sure its in writing.

 

Talk to the landlord its better being upfront than risk loosing deposits and refs.

[ShortlyTdwarf]

There's more at stake here than losing deposits Summer. If they break the contract for no reason they will be liable for the remainder of the rent, and the possibility of a CCJ arises if they don't pay.

 

Miggz, Has the landlord specified when the leaks in the roof and the gaps in the walls will be fixed? If there has been a continuous breach of his contractual obligation to repair then we may have a little bargaining power if needed.

 

Talk to him nicely first, and see if you can come to an arrangement. If you can't, come back to me on here and we'll see what your agreement says about his obligation to repair. And compare it to the law.

 

Good luck.

[Miggz]

Thank you, he's due to come round this afternoon to have a chat. I'll talk to him nicely, but i will make it clear that i'm not going to accept one of his usual bandaging solutions, allowing the problem to arise again and again.

[ShortlyTdwarf]

Quite rightly too. If he doesn't address a problem with his tenants then it leaves him wide open to litigation which could end up in him being fined as well. Le us know how you get on.

[Miggz]

Well at the moment i'm struggling, i don't know how to go forwards with this. Environmental health may take up to 2 weeks to get back to me, and i need to give this job an answer by monday! And worst of all all of our healths are deteriating because of this problem! I'm stuck here guys

[ShortlyTdwarf]

What did your LL say about it when you spoke to him yesterday? If he isn't willing to give you any leeway in letting you out of the contract then maybe there is something in his agreement we can use. Do you have your copy of your agreement?

[Miggz]

Yes, i've scanned into my laptop so that i have it with me

[Miggz]

everyone, thank you so much. He's agreed to clean up the mould, and paint the house with anti-fungal paint. His roofers are to come around next week and fix the leaks in the roof. And finally he's agreed to release me from my contract early!

 

Thank you all for your help, i shall keep you all posted.

[ShortlyTdwarf]

Congrats. Just the result you needed. Best go give your decision on the new job now then.

Good luck.