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Breach of contract by landlord and letting agent - Can I leave early??

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805 views 1 replies latest reply: 03 December 2014
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Tenant

Hi,

My landlord has failed to tidy the property and remove / fix certain things in time for my move.  Two months later damp issue still hasn’t been fixed. He keeps saying he’ll come back tomorrow, next week, next month… He also accessed the property without permission on two occasions and tued up on my doorstep one moing, but claiming he did not plan to enter..

In addition the letting agent did not protect my deposit; they did not know where the money was and only after a number of enquiries had they found it and entered it in the DPS, months after I moved in.

I served notice a month ago, and outlined all breaches in a letter, never received any response. This notice means I would be terminating the contract early.  In a phonecall they later told me that apparently we are now in a “mutual agreement” with the landlord who has agreed for me to leave early provided replacement tenants are found.   The problem is that so far four perfectly eligible tenants have been tued down by the landlord and I have lost the new property I wanted to move into and am now stuck in this property.  I offered to extend the notice to January next year, but can I be sure that they really intend to find a replacement? What if they tu down every single future applicant?

This does not feel like a mutual agreement at all.

I have been in touch with Shelter and CAB, I know I can claim for compensation for failing to protect my deposit, but what can I really do when it comes to leaving early if the landlord simply doesn’t seem willing to accept new tenants?

Can I walk away after having given more than 2months notice in January 2015? I am quite certain that if the tenancy was ending in January, we would not be having this problem, they would have accepted someone already to cover the rent…

Has anyone ever been in the same situation?? Any advice would be greatly appreciated!

Many thanks

Ellie

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Administrator

Hi Ellie

What a nightmare for you!  These situations are awful.  First of all, do you have a break clause in your tenancy?  

Alex

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