Help!! Flat is not habitable can i ask for an early termination of a lease without paying any penalties?

Question

Flat is not in habitable condition, there are water leaks all over the kitchen wall and mold are everywhere in the flat.
I had tried to clean out mold but to no avail as it still grows. It has been 4 months already since
I move in last sept. And I had been ill most of the time.
The thing is that it is a 1 year fixed lease agreement, I'm wondering if I
have the right to ask for an early termination of a lease without us paying any penalties?

hi thanks to everyone for the answers, another thing i forgot to say is that the landlord has been trying to fix the water leak since last Dec. But the flat condition is not getting anywhere better. And the engineers are still coming to the flat now and then for the work. I really want to move out but in the fear of not getting back my deposit and paying the penalty are really my main concerns. I guess I will need to speak to the landlord asap to know what he says about the ealy termination. And if he disagree and I will ask for advice from local concil. BTW, I have taken pictures for evidence. Any more advice is appreciated and welcome!!

Answer 1

If the flat is truly not habitable then you should be able to surrender the lease without penalties - you need to get the local council to come and inspect the flat to rule on whether it is habitable or not.

If it is habitable in law, then I am afraid that you are probably bound by your lease. But perhaps if you can find another tenant to take it over from you then you can sublet to them for the remainder of your lease period.

Make sure that you put your complaints about the flat in writing so that you have evidence that you did try and get something done about the condition of the flat.

Answer 2

you must see your local council, housing dept, or, environmental health. tell them your issues, as private landlords, have responsibilities.
at least, take close up digital photos, to prove a court case, should the landlord go to small claims, and he wont have a chance. "proof" is everything, in a court.
Your living conditions sound unacceptable. You must move, but what do you loose?
1: your deposit. it will be difficult to get this back, if you break the lease.
2: the remaining years rent, if a court says so.
THATS IT.
You may, take Him to court, for deposit, but it costs, which you get back, if you win.
You may defend, if he, takes you to court, for lease payments.
Proof is everything. Write down, when you soke to council, what they said, take lots of photo's. He will loose.
TRY asking for him to sort the problems, or an early settlement.
Write down his answer, excuses, and when you asked.
I was recently in court, over a fine, for illegal parking. My car insurance company, have a legal helpline. An expert, on parking issues, said i should plead guilty, as causing an obstruction, is defensless, in law, no matter the road markings. However, i took loads of pictures of the road markings, saying they made the law, vague. A mandatory law, for which there is no defence, IS defendable, if the law itself, is in question. Only because of the photo proof, and my determination, was the case dropped!
A case solicitors said i couldnt win.
Courts, are people, and look at evidence. Gather your evidence.
With evidence, and help from council, citizens advice...the landlord will back down, or loose, in court.
It sounds like he/she, is a s h i t. !

Answer 3

You must give notice of all the problems to your landlord, put in writing not phone call, he has 30 days max to fix, and must fix things like plumbing immediately. If he does not fix things, he is in breach of rental agreement by law, you do not have to stay there and you should get your deposit back in full. If he does not give deposit back, you can take him to small claims court for deposit AND other damages like bad health from mold, inconvenience time and money for having to move out, movers costs, etc. Get out of the mold the sooner the better! Good luck!

Answer 4

you've taken photos so your next step call in the council's surveyor and then just take advice from CAB if you trying to cut costs , get a cert from your doctor certifying its made you ill, but remember as i see it your landlord has not disregarded your complaint he is trying to do something about rectifying all the things that are wrong which might go against you but i think your landlord would be keen for you to leave without trouble Good Luck

Answer 5

I am not a UK lawyer, but in the US (and I would assume in the UK) one implied term of every lease is that the premises are in a habitable condition. If the lessor has failed to keep the premises in a habitable condition, then he has broken the lease agreement, and that relieves you of any obligation under it as well. You do need to talk to a solicitor who is knowledgeable in UK property law, but I am pretty sure you will not have to keep paying on a lease on uninhabitable property. As others have said, document everything completely.

Answer 6

with out a lease smash clause, the tenant is to blame for lease until eventually the unit is re-rented or the lease ends, whichever comes first. some states enable the owner to sit on their palms collecting lease for something else of the lease, regardless of the indisputable fact that it really is on your ideal interest to get a superb tenant in ASAP. Your modern-day tenant is to blame for promotion expenses. protection deposit is likewise rapidly forfeited. If the tenant fails to pay lease, you're taking him to small claims courtroom for backrent owed, cleansing and damages, and courtroom expenses.

Answer 7

by law your landlord has to keep your home in good living conditions,so unless he sorts these problems out there may be a chance you can terminate your lease without penalties.

Answer 8

Yes, in contractual law, both sides must honour the contract, and where one side does not, the contract is deemed null and void.

This is especialy the case where you have, repeatedly, asked the landlord to make repairs, which he then ignored.

Answer 9

call environmental dept from your local council. they will do an assessment for free which you can then confront your landlord with. It was surprising how quickly our problems were sorted after a month of heel draggung once we mentioned the assessment.

Answer 10

Depends on if your contract has been broken in any way AKA, Saying the house is mold free?