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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14169
Experience:  Solicitor
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Can I as a landlord ask my tenant if he wishes to end his

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Can I as a landlord ask my tenant if he wishes to end his tenancy, as he is so not happy with any of the steps I have taken to resolve a damp issue in the property.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have had a maintenance man around, had the gutters cleared, a roofer out and a damp specialist come and look at the property.
Assistant: Where is the property located?
Customer: We have not filled out any paperwork. It's in Hertfordshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: the tenant had a previous 12 month contract, he mentioned damp at the beginning of it, a dehumidifier was offered and turned down. Nothing more was mentioned after I suggested opening windows for ventilation. The tenancy came up for renewal again and he wanted to take another 12 months, I was thinking of selling due to extra costs I would incur by keeping it, but then agreed to 6 months after agreeing a slight increase in rent by £50. After contracts were signed he then started saying there was a massive damp issue in third bedroom and all over house and started saying about other problems none of which wee raised before. He has also been given one month's free rent as compensation as he he stated the third bedroom was uninhabitable..

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Is it a social Landlord or private?

Customer: replied 11 days ago.
Private
Customer: replied 11 days ago.
No if we could continue on here please

If there is damp/mould then under Section 11 of the Landlord and Tenant Act it is disrepair.
Do you want to leave early?

Customer: replied 11 days ago.
We are the landlords, we are at s loss to what more we can do to get this resolved as he is refusing the damp spe ialist advice of having humidity controlled vents and keeping the heating on a constant low level.
Customer: replied 11 days ago.
The impression we get is that he regrets signing for another fixed term, but he has not said this.

Ok. So does he want to leave early?

Customer: replied 11 days ago.
We don't know, as we don't want to put this question to him in case it sounds like we are trying to get him out, which is not the case.
We believe he is angling for more compensation and has already stated he would not pay anymore rent. We are continuing to carry out repairs.. but I think he just wants to sue.
Customer: replied 11 days ago.
It does not matter what repairs we carry out..he is not happy. We want to ask him the question whether he wants to change his mind about the new agreement. However we do not wish to put ourselves in disadvantageous position under the law by doing this.

Ok, so what is it you want to ask me about this?

Customer: replied 11 days ago.
Can we ask him outright whether he wants to change his mind about signing the new tenancy agreement? And does he wish to leave the property.

Yes you can. But if he says no, you are stuck until the end of the fixed term.

Is that all you wanted to know?

Customer: replied 11 days ago.
Just to confirm we are not putting it to him that we want him out, just offering the option of ending the new agreement, we are conscious that because we are continuing to do repairs and we do not want to give him any ammunition regards a legal case

Correct. That is fine. No problem at all

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 11 days ago.
One last question, sorry..
Can he refuse to use the humidity controlled vents that we have been advised to fit? Or to have them fitted in the property?

No. The Tenant would be making it worse.
Does that clarify?

Customer: replied 11 days ago.
That does thank you for your help. We will do the star rating for you.��

Thanks in advance.

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