Key topics
Early termination due to rodent infestation
Award
Case closed due to no prospect of success
What happened?
The tenant said:
- they signed a six-month tenancy agreement with the landlord whose employed a managing agent
- two months into the tenancy, they reported a pest infestation to the agent which was not resolved quickly
- they had a mice/rodent phobia so immediately gave notice to end the tenancy and move out
- the landlord agreed they could move out if they paid rent until a new tenant moved in and paid a £350 re-letting fee to the agent
- while they initially paid the fee, they believe that they gave proper notice, and the fee should now be refunded
The agent responded, saying:
- they arranged for pest control to visit and assess the situation the same day the tenant reported it
- the report highlighted the work required as there were various gaps in the property’s structure, providing entry points for the mice
- the landlord was advised of the tenant’s phobia and request to end the tenancy early, which he agreed on condition that they pay rent until a new tenancy started and pay the re-letting costs
- the tenant agreed with this, paid the rent and fee and believe they, and the landlord, have acted reasonably throughout
What evidence was provided?
Tenancy agreement, email correspondence, contractor’s report, and invoices
What was decided?
- the tenant had no prospect of success because the evidence showed:
- the agent responded promptly to tenant reporting the problem
- the landlord agreed to release the tenant from their contract even though this was during the fixed term
- the landlord authorised the work required to repair all the gaps in the property’s structure straight away
- the early termination terms ad fee proposed by the agent were reasonable
What are the principles to be aware of?
- a reasonable landlord will be open to discussing early termination but does not have to agree to a tenant’s request
- where a landlord and tenant mutually agree to terminate a tenancy early, fees can be passed on to a tenant but there a restrict rules for doing so. Primarily, early termination fees should be transparent and up-front so a tenant can make an informed decision
