Can I vacate early, due to mould on walls?

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    Can I vacate early, due to mould on walls?

    But I will try to be brief!

    We told our LL we wanted to vacate the property on a specific date. They have agreed but they dont appear to be aware of the periodic tenancy requirements - our date means we leave 20 days before we should.

    Now, we also, perhaps, have grounds for moving even earlier as we have a problem with mould that may be impacting on our health (son currently undergoing tests for glandular fever, as one example of the problems we are having). Ie. we could leave on 1st Oct, which would be our rent due date, but still obviously a month earlier than our 'periodic tenancy' would end.

    We are waiting on hearing from a damp specialist who will come round to assess the mould (colour? black, white, yellow, green...)

    We really are stuck with this, and can't afford legal advice! Any help please?

    Thanks!!!

    #2
    Originally posted by indigomoon75 View Post
    Now, we also, perhaps, have grounds for moving even earlier as we have a problem with mould that may be impacting on our health (son currently undergoing tests for glandular fever, as one example of the problems we are having).
    Just wondering where the possible connection is between mould and glandular fever?

    Comment


      #3
      Originally posted by Ericthelobster View Post
      Just wondering where the possible connection is between mould and glandular fever?
      Mould would not cause glandular fever, but complications can ensue if the immune- compromised patient is exposed to other pathogens - possibly associated with damp conditions.

      Plus, it's a bit dreary being stuck in bed with glandular fever without having to look at mouldy walls!
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #4
        Sorry - my son has had symptoms, like sore throat and tiredness for a while now. The doctor is giving him tests to rule out glandular fever, but we suspect there is a possibility that the damp may be causing the problems, particularly as my son also has allergic rhinitis and problems with his sinuses that he didnt have before the damp appeared.

        Comment


          #5
          Originally posted by indigomoon75 View Post
          Sorry - my son has had symptoms, like sore throat and tiredness for a while now. The doctor is giving him tests to rule out glandular fever, but we suspect there is a possibility that the damp may be causing the problems, particularly as my son also has allergic rhinitis and problems with his sinuses that he didnt have before the damp appeared.
          It's quite possible. I'm not an expert but I know it's not good for humans to breathe in mould spores.

          Whether or not it is causing your son's symptoms, it is unacceptable that you should have to live in a mouldy house. Unless the landlord can prove that your lifestyle directly caused the mould (which seems unlikely), then I think you would have right on your side if you chose to move out early. If LL hasn't objected (to your moving out a month early) I would just put it in writing to him immediately that because of the mould, you have no option but to vacate the property as of (x date). Tell him you believe it's affecting your child's health.

          Enclose a cheque for any rent you owe up to Sept 30th, if you haven't already paid it. (He'll need you out anyway, if the mould problem is going to be treated). In the unlikely event that LL kicks up a fuss (ie demands rent for last part of tenancy), say you will contest it on the grounds that the property was effectively unfit for human habitation, until mould problem was sorted.

          I'm assuming he protected your deposit in the DPS?
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Could it really be as simple as that? We are paid up until the end of Sept, no probs there. We also have a house empty, ready and waiting - we just need to bring our moving in date forward with the agency we are going to be letting from.

            Let me get this right, and know that it is legally possible:

            We get a report from the damp specialist (and possibly Housing Standards) saying that the mould in the house means that people really should not be living there. We tell LL we are therefore moving out on 30th Sept. Should they get wise and decide to get rent for Oct off us, we can just refer to damp report?
            And what about the deposit?
            Deposit is definitely in the relevant scheme as the original tenancy agreement stated this (drawn up by the BTL company they got the mortgage with). (just for the record our fixed tenancy was up end Aug, which is why I know we are on periodic now).
            The mould is caused by structural damp. We have condensation damp too, but not much (bathroom).

            Oh and the gas safety certificate ran out a month ago, we havent reminded her but going to as this is in our interests to (we do have carbon monoxide detectors as well).

            She got fitted up for double glazing today - found out also that the windows upstairs do not fit fire safety regulations (but not sure if this just applies to student properties).

            If we can move out end of month even better, but it must be legal and above board.

            Thanks for your help!

            Comment


              #7
              Originally posted by indigomoon75 View Post
              Could it really be as simple as that? We are paid up until the end of Sept, no probs there. We also have a house empty, ready and waiting - we just need to bring our moving in date forward with the agency we are going to be letting from.

              Let me get this right, and know that it is legally possible:

              We get a report from the damp specialist (and possibly Housing Standards) saying that the mould in the house means that people really should not be living there. We tell LL we are therefore moving out on 30th Sept. Should they get wise and decide to get rent for Oct off us, we can just refer to damp report?
              And what about the deposit?
              Deposit is definitely in the relevant scheme as the original tenancy agreement stated this (drawn up by the BTL company they got the mortgage with). (just for the record our fixed tenancy was up end Aug, which is why I know we are on periodic now).
              The mould is caused by structural damp. We have condensation damp too, but not much (bathroom).

              Oh and the gas safety certificate ran out a month ago, we havent reminded her but going to as this is in our interests to (we do have carbon monoxide detectors as well).

              She got fitted up for double glazing today - found out also that the windows upstairs do not fit fire safety regulations (but not sure if this just applies to student properties).

              If we can move out end of month even better, but it must be legal and above board.

              Thanks for your help!
              No gas safety certificate? I'd be out of the door today - not because I think the house was going to explode, but because I could.. She would have no case for making you stay/pay.

              Honestly, she hasn't got a leg to stand on. Just go! If she disputes the last month's rent, or tries to withold your deposit, she'd be mad. She is in clear breach of contract, for the CP12 if not the mould as well, and you have every right to get out on health & safety grounds.

              I'm sure the lawyers on the forum will correct me if I'm wrong, but I cannot imagine any judge ruling against you in these circumstances... and if she has a brain at all, she will not pursue you anyway. Keep the CP12 up your sleeve for if she gets stroppy..but I somehow don't think she will!
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #8
                This sounds so intriguing. Stupid thing is I feel so sorry for her as she didnt realise the extent of the problems b4 she got the house.

                still though - we have two kids, its our family at risk with the gas safety thing, but should I have reminded her?

                Main things is how to go about all this legally and with safety regards getting our deposit back.

                LLady acting on behalf of her husband who owns property, hes not in the country till next week.

                Any lawyer/legal advice out there to make sure this is in our favour?

                Thanks everyone!

                Comment


                  #9
                  I have done a bit of research on this website, and it seems it would be in our best interests to get the gas safety check sorted asap, or at least inform the landlady, so we will do that tonight.

                  We are eager now to push for leaving at the end of this month and will also talk to her about it.

                  I have a question though for anyone with legal know how (your advice really would be appreciated):

                  SHe is likely to accept us leaving - we are going to ask for this acceptance in writing - would this effectively be her formally agreeing to us 'surrendering' the tenancy and therefore we would not be liable to pay rent for October (without neccessarily using the word surrender)? Or do we need a specific legal document?

                  Thanks in advance

                  Comment

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