Hi and thanks for your question.
Do you have all of the 6 months' rent and deposit back?
Or has the landlord/agent made a deduction from what it returned?
Hand the keys back asap and get a receipt from the agent. You could try saying that you have not resided in the property and you immediately notified them about this. The state of cleanliness and condition made it uninhabitable and the initial agreement to fund rent is an implied admission by the landlord of its uninhabitable condition. State that you have incurred additional costs and if the landlord/agent makes any deductions from rent/deposit you will seek to recover those via the small claims court and you will also claim for you additional incurred expenses, additional removal and hotel costs.
Do you have any email correspondence confirming that the landlord will/ has agreed to terminate the tenancy?
Although, there is a lack of provisions and rules on cleanliness of a property. If you do manage to get out of this tenancy just losing a few days rent you have done well. The landlord does not have to agree to terminate and you could have been held to the tenancy for the term.
Do you have any questions or queries in relation to my reply.
I am happy to assist further.
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The landlord is absolutely under a duty to ensure safety. The new points raised were not mentioned in your original post.
I think you should insist on refund in full agreed in email correspondence, if not then go on to say what I said above about going to court if deductions are made.
Firstly, the landlord must return the deposit within 10 days of the end of the tenancy.
Judging by the timings of all of this it may be the case that the deposit was not registered with a tenancy deposit scheme. It must be registered within 30 days. If it is registered it will remain protected if there are any disputes.
If 10 days expire then you can threaten small claims proceedings to recover the deposit in full and also that you will claim for recovery of additional out of pocket expenses and court fees.
Let's say that you get the deposit back in full, you will have to consider if you wish to bring an action for your additional expenses and loss of income. Whilst you can use this as a veiled threat to 'negotiate' the return of the deposit in full from the landlord you must seriously consider whether or not you will actually do so. All of you expenses and loss of earnings are incidental and the court will assess the grounds and reasonableness of your claim, the chain of events and remoteness of loss. It is difficult to say with certainty what a judge will decide when faced with the facts and evidence. You may be successful in full or just in part of your claim. It may even be dismissed. You have to pay a court fee to commence proceedings. Whilst this fee is potentially recoverable if you 'win' it is not recoverable if you 'lose'. Also, if you are unsuccessful the court may award costs against you, this is significant if the landlord hires a solicitor, you will end up paying the fees. You also have your own fees to pay unless you do this alone.
Whilst you have a potential claim, on the face of it, no guarantees of success can be given in respect of court action. You can end up out of pocket.