Charges, feel landlord has breached agreement – gave notice | The Tenants' Voice
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Charges, feel landlord has breached agreement - gave notice

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720 views 1 replies latest reply: 08 July 2015


Myself and my oh moved into an apartmen in Feb this year – signed a 1 year lease.

Due to ongoing issues, refusal of repair we have decided we want to break the lease and leave as we feel teh LL has breached the contract. Some of the issues:

by refusing to have the toilet fixed. The toilet is not in proper working order as it is now – it flushes hot water

by not addressing the structural issues with the apartment shaking sporadically

by not completing the heating issues in a reasonable manner which resulted in a high increase in our energy bill, they lasted a month or more each time. So out of almost 5 months of tenancy we didn’t have functioning hot water for over 2 months.

I know we are breaking the lease but it is because we feel we have no choice, we dont enjoy living there at all and havent as every week there was something wrong or I was chasing emails.

A few questions: 

Deposit – the agency have said they will deduct landlords fees, checkout fees, deposit renewal fee and rent until a new tenant is found. We would have had to pay some of these fees anyway had we stuck to the end which is fine but we wouldnt have had to pay the landlord or renewal fee. I think they are going to keep all of the deposit and we dont want to be left short when we are looking for new places.

please advise on best course of action

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Hi Emma

Find out which deposit protection scheme is holding your deposit – this should have been communicated toyou by the agent when you moved in (it’s a legal requirement). If they try to keep your deposit then you can raise a dispute with the scheme. Every scheme has its own dispute resolution service that is for tenants in situations like yours.

That money is yours until either you consent to a deduction or the dispute service decides a deduction is fair, neither the agency nor the landlord has a legal right to any of it until that happens.

You will need to provide proof to the dispute service – so your tenancy, which should state what fees are payable when, and any correspondence. I don’t think the dispute service would decide on a breach of contract issue but you could speak to the Citizen’s Advice about whether you could claim in court for the rent they try to keep. The disputes service should at least prevent them from taking those charges.

Do you have a break clause? Most tenancies have a six month break clause that would allow you to leave by giving notice and so would reduce the amount of rent you’re liable for.


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