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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am currently renting a house that has a damp problem and

Resolved Question:

I am currently renting a house that has a damp problem and the landlord is aware. During the period that we have been living in the house my two your old son has had a persistent cough. As such we thought it prudent to have an air quality test done (paid for by us). The results of the tests have come back showing that in several of the rooms the air quality is very poor. As a result of this we have handed our notice in to the landlord as we are ken to move ASAP. Our initial 12 month agreement is due to end on the 12th of Jan 2012. We told the landlord that we would honour the agreement to the end of the first year. To our amazement the landlord has come back to us telling us that we are required to give 2 months notice which would require us to pay up until at least the end of January. Obviously we are keen to move from the property but cannot afford to continue paying rent for our current property as well as the new property. Coudl you advise us on our rights?
Submitted: 5 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

Your tenancy will be an assured shorthold tenancy unless you received a notice prior to taking the tenancy up stating that it was not to be . As such, if all you want to do is vacate the property when the fixed term ends then you can simply leave there is no requirement to give notice regardless of what the tenancy agreement states. The following page explains it quite well:-
http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/

See 3.62 on the following OFT guidance on the matter:-
http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

You can therefore leave safely on the 12th January.

The damp is a repair issue. The difficulty with you potentially making any claim in respect of this is you must specifically request that the landlord carries out appropriate remedial works. He must carry this out within a reasonable time. If he does not then you can carry out the works yourself and recover the costs and damages from the landlord. I fyou have not specifically requested repair work then you could not claim. There would also be issues of whether the damp actually cause the cough and what economic value to put on this I’m afraid.

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Kind regards,


Tom
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