Briefly, we’ve been renting since June (signed up for 12 months). The week after we moved in the neighbours commenced a “two month” building project to erect a single storey kitchen extension. Neither the landlord or the letting agent had the courtesy to tell us this might be happening despite being fully aware of the situation. We’ve had to put up with four, going on five months of disruption, noise and general embuggerance – consequently we want out of the lease early since our enjoyment of the property has been seriously compromised all summer and had we known about the planned work we wouldn’t have signed up! Anyone care to offer advice as to where we stand with regards to an early break?

I’d bet there’s a 6 month break clause in the contract, fairly standard

Some advice from Citizens Advice – https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

IIRC you just give a months notice and leave. They cannot use your deposit for anything but damage ie not because you left early or didn’t pay rent.

Check your lease.

Thanks all. The tenancy is fixed term and there’s no break so it looks like we’ll be negotiating a surrender 🙁

My niece had this recently – you’re on the hook for the rest of the lease, but the surrender terms might not be too bad if they can find another tenant quickly, or even better if you find one to take over straight away – they can only bill you to the extent they’ve lost out. Obvs given the ongoing works that might be difficult. I guess you may be able to argue they misrepresented the property to you, but that sounds more difficult. Good luck.

Are you sure there is not a notice clause? Ie give notice and leave? Also they cannot take lost rent from your deposit I believe. If you are rally annoyed the nuclear option is to just stop paying rent and await eviction. they cannot use your deposit to cover unpaid reant

Take real advice tho please

Scotland or England?

England. We are looking at the surrender route with mitigating circumstances – the kitchen wall behind the fitted units is wringing wet and mouldy which means we can’t really use the cupboards – they stink and it looks like there is a roof leak with a suspicious damp patch appearing on the ceiling of the front bedroom……

A reasonable landlord will allow you to break given those circumstance. An unreasonable one deserves what they get. If they do not play ball then you can play hardball. Kitchen cupboards like that may make the house uninhabitable – environmental health? LA housing officer?

I am pretty certain ( but check properly) that unpaid rent cannot be taken from the deposit. ( rules are different up here)

Are you in direct contact with the landlord or an agent? If possible speak directly to the landlord – often better than the agent.

Is the deposit in a deposit scheme – yu should have notice of which one. If not then the landlord is liable to a big fine. This is good leverage.

I am pretty certain ( but check properly) that unpaid rent cannot be taken from the deposit. ( rules are different up here)

Maybe, but that is probably going to make getting another property difficult if your references come back as being in arrears. Ditto future mortgage applications if it ends up on your credit history.

I would contact the agent/landlord. They may just let you go, better to have a happy tenant. A previous tennant in the OH’s old flat left after 9 months as they split up. Made sense rather than them inevitably getting into arrears when one moved out even if they were joint & severally liable.

Although, if they’ve been building that long are they not nearly finished?

I’ve drafted the “letter of doom” to the agents! I’ve no intention of withholding rent (I’ve been a commercial landlord and know how much pain that can cause a tenant) – one inconvenience is that there are two landlords on the lease, one local, the other at the other end of the country and despite being related they don’t seem to talk to each other! Drives the agent mad as well….

We (medium size resi landlords/prop management etc) tend to support people by looking to find a replacement and charging them our costs. Obvs they are liable until get a suitable replacement, but most sensible landlords can see that not cooperating is just making problems for yourself.
Never had an issue. In fact our statistics show that it reduces void periods, because you get seamless transition (in terms of rent paid) from one tenant to another… So you could argue its to a landlords advantage for a tenant to want to leave early.

Thats being a reasonable landlord 5plus8! I am a firm believer in ” a good deal is one where everyone is happy” and also in keeping my tenants happy with the hope they look after my flat.

We recently had a nice young couple move in and split up after 2 months. I gave them a return on rent paid if the moved out early – they did, I gave them £200 back and got a new tenant in without any cost to me.

I dunno about reasonable, my predecessor in this firm used to say “**** them” and in the end it cost us more. Its pragmatism. You can always find tenants, so why make it difficult for everyone, plus we get to keep control so we pick who the replacements are, and as I said, they old tenants are paying up until the new ones move in, plus our costs.
It is the least worrying thing to me when a tenant wants to leave early.
(I am a firm believer I the lemons into lemonade principle, always being on the front foot, its better to see this as an opportunity than a cock up)

With regards to the deposit, as long as it is legally held in a scheme (if not, you have them over a barrel anyway!) it takes a court order to enable it to be released to the landlord in payment against rent.
I know thus as I had to apply for such alongside the writ of possession when evicting a 6+ month non payer from our rental property last year.

FYI – kitchens and bathrooms are not considered a habitable room so the damp won’t be applicable although it coming into the front room might.
You can always reduce the rent you are paying without any implications as to a level which is considered “a reasonable market rent” so major building works, damp, noise harassment, etc would make a substantial change to that without you being in breach of contract for non-payment of rent.

Well, knock me down with a feather! One calm and reasonable letter and a brief chat with the letting agent and the landlord has rolled over! We have early termination at a months notice. Thanks for all the comments & advice.