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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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I want to surrender early with no penalty due to damp and

Customer Question

Hi
I want to surrender early with no penalty due to damp and mould issues
Told agents 8 weeks ago about leaking roof and black mould in the main bedroom now having to sleep on the floor in the lounge
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Jo C. replied 11 months ago.

Is this an AST?

Customer: replied 11 months ago.
Expert:  Jo C. replied 11 months ago.

That is not good news.

Will they agree to you going?

Customer: replied 11 months ago.
No as we still have 8 months left on contract
House is not in the state we took on 3 months ago can not use 2 bedrooms due to mould and damp and have not had a shower working for 5 weeks due to a leak ! Has the landlord broke there contract ! Not keeping the property in a state we took on
Expert:  Jo C. replied 11 months ago.

Yes, the landlord has but that doesn't allow you to leave.

It is really hard to escape an AST. You have to show that the property is literally uninhabitable through something like flooding or fire damage.

What you have is a disrepair claim. It is a good claim but it is a claim for compensation in disrepair not a ground to escape.

Environmental Health might give him an improvement notice anyway which might resolve the immediate issue.

Of course, the landlord might not want to be sued for disrepair and might prefer to allow you to leave.

Can I clarify anything for you?

Jo

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