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The tenant has terminated the contract with immediate effect due to mould

Has the tenant terminated with immediate effect due to mould? Here you can find information about what termination with immediate effect is, and read more about the tenant and landlord's rights.

What is termination with immediate effect?

Termination with immediate effect is an extraordinary way to end the tenancy agreement. For the tenant to have a right to terminate with immediate effect, the landlord must have committed considerable or serious breaches of contract.

About mould

Mould is one of the most common property damages. There are often multiple causes for mould appearing. Often the mould is due to a combination of issues with the residence, the tenant's use and local weather and climate conditions.

The lack of written evidence can create challenges if the parties come to a disagreement. There are several companies that can examine whether there is mould in the residence, what the causes are and how serious the problem is.

Read more about mould and dampness

The tenant's rights

  • Whether mould constitutes a breach of contract that gives a right to termination with immediate effect depends upon what the reasons are, how serious the problems are, for how long the problems have lasted, if the landlord is at fault and whether reactions other than termination can remedy the problem. The problems must constitute a considerable or serious breach of contract.
  • If the tenant has a right to terminate with immediate effect, he is not obligated to pay rent after moving out. The tenant may also have a right to compensation for costs he have had due to the mould.

The landlord's rights

If the tenant terminates the tenancy agreement without having a right to do so, the landlord may claim rent and compensation.

Step by step

Is there a dispute about the termination? This is how you can proceed to solve the situation

1

Read about your rights and obligations

In many cases disputes are solved when both parties understand their rights and obligations. On our website you can find good information about your rights and obligations.

There are also organizations you can contact for legal advice.

When can the tenant terminate the contract with immediate effect?Do you need legal advice?
2

If you cannot solve the dispute, you may consider submitting a complaint to the Rent Disputes Tribunal

If you cannot solve the dispute, and you think you are entitled to rent or compensation, you can submit a complaint to the Rent Disputes Tribunal.

When can you complain?Submit a complaint