How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

We want to end our one year fix term tenancy contract because: -

Resolved Question:

Hi, we want to end our one year fix term tenancy contract because:
- we had no hot water the two first weeks
- the heaters never worked since we arrived (2months), and has been never fixed even after our reports
- we have mice since our first day, and the landlord owns the entire building where the issue appears with every neighbours
- we had shower/mould the 1,5 month
- we have flying electric cable for the selling
We are exchanging with them every day since mid november when we arrived, they do not want to end the contract until they find a new tenant and they asked us to pay extra fees to get a new tenat (2190 pounds).
How can we stop our tenancy contract asap?
Best,
Alexandre
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are they actually advertising for a new tenant?
Customer: replied 1 year ago.
Yes they are online.
Customer: replied 1 year ago.
Are you still online?
Expert:  Ben Jones replied 1 year ago.
Yes I am, how did they arrive at the cost of £2190?
Customer: replied 1 year ago.
They simply said, this is the agency fees to rent it to a new tenant.
Customer: replied 1 year ago.
? is there a way?
Expert:  Ben Jones replied 1 year ago.
Generally, you are only able to end a fixed term tenancy if the landlord consents to it or there is a break clause in the tenancy agreement. However, you could also try and argue that the property is unfit for habitation or that the landlord has acted in breach of contract, for example by not carrying out the necessary repairs. Saying that, these are not always easy to argue but it is the only thing you can rely on here. I do not agree that the fees they are trying to charge you should be passed on to you. Even if you had waited until the end of the term and left legally, they would have still had to advertise the property for new tenants and the agency fees would have been incurred anyway. So these are not extra costs which they have to pay because of you leaving early. If you were to leave now and they have not managed to find new tenants they could potentially hold you liable for the period during which the property remains unoccupied. So if you have a deposit with them they could deduct the rent for that period from it. As mentioned they can’t realistically pursue you for the agency fees but the rent during which there are no tenants can be your responsibility. If you wish to challenge this then you will have to do so in the small claims court. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
How do we proceed with that? Where should we go? And what are the key points: no heating, mice in the flat, shower/mould as point to claim? Thank you."However, you could also try and argue that the property is unfit for habitation or that the landlord has acted in breach of contract, for example by not carrying out the necessary repairs. Saying that, these are not always easy to argue but it is the only thing you can rely on here."
Expert:  Ben Jones replied 1 year ago.
You can rely on all of the points mentioned – often it can be a combination of things rather than one single factor. At this time you do not need to go to court – you simply need to advise the landlord of the issues and tell them that you are ending the tenancy earl as the flat is not suitable for habitation and hat they have breached their contractual obligations. You can then leave the property. They will either deduct the money they think you owe them from your deposit, in which case you can take them to the small claims court to try and get that back, or they will decide to take you to court to try and make you pay what they think you owe them, in which case you can defend it by raising the factors which led you to leave early. Hope this clarifies?
Customer: replied 1 year ago.
Can they ask for more money than the deposit?
Expert:  Ben Jones replied 1 year ago.
they can if the deposit does not cover the losses they have suffered but as mentioned they will have to show that these losses were actually incurred and were as a result if your early termination. But as mentioned the agency fees would be incurred anyway, whether you leave early or not so they cannot charge you for those
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your help! Hope you enjoy your eve!
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice