How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7406
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

We have a private tenancy agreement for 6 months but have terminated

This answer was rated:

We have a private tenancy agreement for 6 months but have terminated it early due to a converted garage which is damp smells and has no ventilation therefore impacting the whole house, should we be liable for the rent for the whole term? Even though there is an obvious environmental problem. We are being told this is the case

What evidence do you have on the damp and impact on the property?

Did you give the landlord an opportunity to remedy the problem?

Customer: replied 4 years ago.
Yes we have given ample opportunity for it to be rectified and there's been no avail - proof? Well the estate agent has been round - also other family members etc also phoned environmental health at local council

Did you take pictures?

What did the eniviro health dept. do about it?

Customer: replied 4 years ago.
We haven't taken pictures but a colleague has advised me to as we are currently still in property. Environmental health advised that it sounded as though conversion had been done with no planning permission and theres no ventilation on the room and if we wanted to take it further to call back which we haven't as yet
Sorry, you originally said that you had terminated the tenancy. Now you have said that you are still in occupation.

Please clarify? Is it that you want to terminate but need to confirm if you can or not?

Customer: replied 4 years ago.
No sorry we have given confirmation that we want to terminate the agreement and property back on the Market but have been told we will have to pay the rent until new tenants are found. We want to leave asap either way but want to see where we stand before in a position where we're stuck paying 2 lots of rent

Thanks for your patience.

I'm afriad you will be bound by the full term of the tenancy agreement unless the property is unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract,which is a breach that is so serious that it goes to the root of the contract to deny you the substantial whole of the benefit of it).

If the damp is very very bad and it affects the rest of the property then it’s conceivable that it could be regarded as a repudiatory breach if the landlord does not fix it.

The issue then becomes proof. In order to safely terminate you have to have sufficient evidence so that you would be comfortable defending a county court action for the rent. Therefore I would take photos of the damp and the rest of the house and press the local authority to come for an inspection.

If the inspect and find it particularly bad then they will issue an Enforcement Notice, you can use this enforcement notice as part of your evidence to terminate on the basis of a repudiatory breach.

You have to be honest with yourself and ask whether or not the issue really does mean that you are denied the substantial whole of the benefit of the contract. If you think it does then you have to document it.

You should formally write to the the landlord specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 7 days, referring to your earlier requests as wll). State that if the landlord does not make the repair within that time you will consider it a repudiataory breach and shall terminate. .
Alternatively, landlords are generally under a duty not to unreasonably refuse a suitable tenant and your focus now should be on finding one. If the landlord acted through agents then you should explain your situation to them and press them (and continue to press them) to find you a replacement tenant. If the landlord acted on his own then you should speak to him to check that he would be amenable to your finding a replacement tenant. You can then use to find a tenant (private landlords frequently use this service.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7406
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Aston Lawyer

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
< Last | Next >
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • Clare's Avatar



    Satisfied Customers:

    25 years exeperience
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers:

    LPC, 2 Years Conveyancing
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Matt J's Avatar

    Matt J


    Satisfied Customers:


Related UK Property Law Questions