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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have sing have assured shorthold tenancy without break clause, now I need to mov

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hello, I have sing have assured shorthold tenancy without break clause, now I need to move out and the reason for me to end this contract is that the flat below was renovated and the builders used toxic product in the bathroom and now we have issues with our health as this smell stays in our flat, I'm also pregnant so don't want to bring baby i to this toxic environment.
I understand that this is not my landlord fault- it's the TNV Construction Ltd. fault but I have a tenancy agreement sign with him and I need to find a flat really quickly as the baby is due soon.
The only closure I found in the contract is:
Surrender of the tenancy by the Tenant
5.5 Strictly with the Landlord’s or his Agents prior written consent and subject to certain conditions that may include the Landlord’s reasonable costs associated with the re-letting of the premises, the Tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.
Can you advise what is
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this please?
Customer: replied 1 year ago.
did you get my email?
Expert:  Ash replied 1 year ago.
Yes. I assume you just want to leave? Have you spoken to Environmental Health and the Council?
Customer: replied 1 year ago.
Yes we need to find a new flat as I'm due in couple of months, yes I did contact Environmental Health and the Council- waiting for council to come and inspect this
Customer: replied 1 year ago.
But the leas is fixed term and no break clause, can the landlord refuse for us to end the lease - this toxic environment is really bad for my health and I rather not move as we really like this place but can't have a newborn there
Expert:  Ash replied 1 year ago.
Ok, if they come out, look at it and say its fine, then sadly you have no case to leave.If they consider it to be a hazard then you can move. This is because there is a danger to health. The Landlord can then seek to recover any lost rent and charges from the flat below. But this can only be done if Environmental Heath consider it to be an issue. It would be called a fundamental breach of contract and say such that gives you the right to terminate straight away.But it must be a fundamental breach and Environmental Health can tell you if its a hazard.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
can we get an independant consultant or it's best to be council?
Also we already have a symptoms of:
eye irritation
bloody nose
headache, nausea and fatigue
very dry skin
sore throat
persistent, dry, hacking "barking" cough
Should I go to my GP and record all of this with NHS as well?
Expert:  Ash replied 1 year ago.
The Council is free. You can get a survey done but there is a cost to this.Yes you should go and see your GP if you are unwell
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
what about this wording in our contract?Surrender of the tenancy by the Tenant5.5 Strictly with the Landlord’s or his Agents prior written consent and subject to certain conditions that may include the Landlord’s reasonable costs associated with the re-letting of the premises, the Tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.
Expert:  Ash replied 1 year ago.
The Landlord may let you yes. But if he does not your only option is evidence and then claim a fundamental breach. But speak with your Landlord as he/she may be sympathetic to the position.In any event your Landlord could claim off the flat below.Does that clarify? Alex
Expert:  Ash replied 1 year ago.
.
Customer: replied 1 year ago.
ok, thanks.
So we need to wait for council to come out first and then take action?
Should we give them a written notice before?
Expert:  Ash replied 1 year ago.
Yes I would say you are getting the Council in to look at it, as its too hard to bear.But yes, get the Council in first - this is very important.
Expert:  Ash replied 1 year ago.
Does that help?Alex
Customer: replied 1 year ago.
ok, yes, thank for your help.
Expert:  Ash replied 1 year ago.
Great. If I could just ask you to rate my answer with 3,4 or 5 starts before you go, otherwise the site doesnt credit me for the time spent with you.
Expert:  Ash replied 1 year ago.
Thanks and good luck with this. Alex
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