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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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hi Ihave just moved into a rental property 15th Feb having

Customer Question

hi
Ihave just moved into a rental property 15th Feb having all kind of problems would like to terminate lease early rather than wait the 6 months we found out only recently that the property had an infestation on inventory which they never told us can this be grounds for early termination of lease ? My husband has terminal cancer so this should have been made aware to us prior to taking on the property they knew his prognosis
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi,

What type of infestation please?

Is the property still infested?

Tom
Customer: replied 4 years ago.

Hi Tom


It didnt say on the inventory just that the curtains were now new and all the curtains and pelmets had been taken down which they then left in the cupboard

Expert:  Thomas replied 4 years ago.
Ok.

So there is now no evidence of infestation, correct?

Tom
Customer: replied 4 years ago.

We found two bugs on the carpet other than that no

Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

I'm afraid you will be bound by the full term of the tenancy agreement unless there is a break clause in it entitling you terminate at a certain point during the term or the property is unfit for human habitation (which would also entitle you to terminate as it would be what is called a repudiatory breach of contract).

The fact that the property might previously have had an infestation would only be relevant if you had asked the landlord if it had and they had then subsequently misrepresented the position. By having it on the inventory it appears they have not misrepresented the position.

If you have found two bugs on the floor then this may raise your suspicions but this is not something that is completely out of the ordinary in properties that do not have an infestation history.

I would keep an eye on the situation and if further evidence of an infestation appears then you may consider getting environmental health involved to make an inspection. If they decide that the property is not habitable then they will serve this on the landlord and let you know. You could then use this as evidence to unilaterally terminate the tenancy on the basis of it not being fit for human habitation.


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Kind regards,


Tom
Expert:  Thomas replied 4 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Expert:  Thomas replied 4 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom