Breaking Lease, house making me sick

Seckz Panther

I recently moved into a house for the college term, and since I've gotten here I've been quite sick , wheezing ,coughing, blocked nose etc.

I have mild asthma, but it hasn't affected me in years until I moved in.

I figured it was just a virus that was going around, but it's been nearly 3 weeks, and I only improve when I'm out of the house.

It's a fairly old house, and I'm pretty sure there's a mold problem, but the house was painted over before I got here, so there's no blatant signs of mold, but there's still some evidence on some of the walls and ceilings.

I'm wondering if I can simply break my lease without losing my deposit because of this?

Stheno

You'd first have to prove it was the house making you ill, but you are unlikely to get your deposit back.

Worst case scenario your landlord could ask you for all of the rent due for the duration of the lease.

Have you gone to see a doctor given that you've been sick for three weeks?

Seckz Panther

I haven't been to the doctor yet, I feel much better as the day goes on (and out of the house), so I keep figuring that it'll get better tomorrow and putting off going to the doctor, I should have learned my lesson a while ago!

Gatling

Not a doctor but an asthma sufferer damp air indoors can cause problems for asthma even when drying clothes indoors ,worth popping into a boots chemist and have an asthma check up ,

Also when you moved in did you bring new clean bedding and stuff with you ,
Dust allergies could be a problem ,
Seek medical attention first and foremost

Rosier

I had the same problem in a house. They had painted over black mould and after a year it broke through, Like you I noticed I was better when away from the house so I left.

All the walls we re black and the spores were spreading

You need to get a sick note etc to send to your landlord and to give him notice because of that. Else the mould surely is breaking the tenancy act re fitness of dwelling.

Maybe the health people will help.

There are standards. Mould is toxic and the only real treatment for mould caused illness is to get out of the toxic environment, When I realised why I was so sick I looked up toxic mould and was horrified; it is a well known syndrome.

odds_on

If you want to leave the property, you may do so by assigning the lease, with the landlord's permission. If the landlord refuses permission, you may leave after 28 days written notice and retain your deposit (less any wear and tear in excess of "normal").

He will, no doubt, give you permission. Then it is up to you to find a replacement tenant (suitable to the landlord referencing checks) and cover any costs incurred. You are liable for the rent until the replacement starts paying his/her rent. If you find a new tenant who can move in immediately, so much the better for you as you don't have to give notice but must make you arrangements with the landlord for the change of tenant.

Rosier

odds_on wrote: »

If you want to leave the property, you may do so by assigning the lease, with the landlord's permission. If the landlord refuses permission, you may leave after 28 days written notice and retain your deposit (less any wear and tear in excess of "normal").

He will, no doubt, give you permission. Then it is up to you to find a replacement tenant (suitable to the landlord referencing checks) and cover any costs incurred. You are liable for the rent until the replacement starts paying his/her rent. If you find a new tenant who can move in immediately, so much the better for you as you don't have to give notice but must make you arrangements with the landlord for the change of tenant.

I think OP needs to chat with Threshhold as this is about ending a tenancy because of the state of the house

If the accommodation has fallen below acceptable standards then this is reason enough to give notice and non e of the above will apply

Tenants have rights to certain standards; damp and mould are not acceptable and I had no problem ending a part 4 tenancy for that reason and certainly no obligations on me to find another tenant and nor would I have recommended the house to anyone.

It was simply inform landlord, give notice and leave. The house clearly needs attention.

Gatling

Rosier wrote: »

I think OP needs to chat with Threshhold as this is about ending a tenancy because of the state of the house

If the accommodation has fallen below acceptable standards then this is reason enough to give notice and non e of the above will apply

Tenants have rights to certain standards; damp and mould are not acceptable and I had no problem ending a part 4 tenancy for that reason and certainly no obligations on me to find another tenant and nor would I have recommended the house to anyone

It was simply inform landlord, give notice and leave. The house clearly needs attention.

But so far the op has no evidence of damp and mould as i stated earlier allergies to dust could also be an issue but that's for doctor to diagnose

odds_on

Rosier wrote: »

I think OP needs to chat with Threshhold as this is about ending a tenancy because of the state of the house

If the accommodation has fallen below acceptable standards then this is reason enough to give notice and non e of the above will apply

Tenants have rights to certain standards; damp and mould are not acceptable and I had no problem ending a part 4 tenancy for that reason and certainly no obligations on me to find another tenant and nor would I have recommended the house to anyone.

It was simply inform landlord, give notice and leave. The house clearly needs attention.

If this action is taken, the tenant must first advise the landlord (preferably in writing) of the problem and give the landlord a reasonable time to remedy the problem. Only after failure to remedy the problem with in the time frame may a tenant give 28 days notice. However, if the landlord is taking reasonable steps to remedy the problem, and perhaps has to wait for qualified works, materials etc which are outside the landlord's control, that is sufficient to invalidate a Notice of termination by the tenant.

beauf

Hard to remedy a problem if there's no sign of it. Or if the LL had no mould in the property previously.

Rosier

OP, please phone Threshold as I did for correct and helpful advice and the way forward! I have had to leave a lease twice now over this issue. They are wise in this and experienced as Irish houses tend to damp.

Your health matters most.. I was fine as soon as I left and got into drier accommodation

NB OP says there is some evidence of mould so this is known to the ll

Many of the replies here are off the wall in this situation. I did not lose my deposit in either case nor did I need a doctor's note or need to find another tenant.

I was out within three days.
No need for delay in these circumstances. In one case the agent sorted it but in the other I simply told the landlord and that was that,.

No need for all this legalism in this case as the Tenancy Law is clear

Also the health authorities may help .. I did not need that

Also as you are in college they may advise and help.

Before more damage is done to your health.
Martydom is not part od Tenancy Law!


Please feel free to pm me also.

Over and OUT from me on this matter as have seen how these threads develop and am not interested!

MauriceRKK

OP, go with Rosiers advice. I lived in a property for 4 years with mould problems and me and my g/f suffered from constant headaches, bronchitis, and sinus problems. Since we moved we haven't had a single headache or chest/respiratory problem. Your health is much more important. Seek advice from threshold and speak with your landlord if this problem persists.

michael999999

Do you have a carbon monoxide alarm in the house op?

djimi

Rosier wrote: »

I think OP needs to chat with Threshhold as this is about ending a tenancy because of the state of the house

If the accommodation has fallen below acceptable standards then this is reason enough to give notice and non e of the above will apply

Tenants have rights to certain standards; damp and mould are not acceptable and I had no problem ending a part 4 tenancy for that reason and certainly no obligations on me to find another tenant and nor would I have recommended the house to anyone.

It was simply inform landlord, give notice and leave. The house clearly needs attention.

Assignment does not apply to a part 4 tenancy as the tenant does not need to give a reason to leave; they just need to give the required amount of written notice. This is not the case however with a fixed term lease; there is no written notice that allows a tenant to leave the lease early, hence the need for assignment.

If the property has issues such that they could be deemed reason for the tenant to terminate the lease then the landlord must be given notice of these issues and a chance to remedy them. Only if the issue is so great as to pose an immediate safety threat to the tenant, or would be considered sufficient enough to render the property immediately uninhabitable, would it be grounds for the tenant to terminate the lease immediately.

dumbyearbook

Seckz Panther wrote: »

I haven't been to the doctor yet, I feel much better as the day goes on (and out of the house), so I keep figuring that it'll get better tomorrow and putting off going to the doctor, I should have learned my lesson a while ago!

If your worried about paying for a Dr. go to the SU they can send to you a college Doctor for no fee. Assuming you don't have cover for it privately.

Good luck with it even if you have to peg it just get out of there! My first point of call would be to just 'Level with' the LL (your place is a kip etc.) and he might well just 'slip you' back the deposit. Talking about interest groups will make that less likely. The place sounds not fit for tenants though so I'd try and do my best to warn others of it too and if the only way to to that is threshold etc. then do it after you have a quick chat with LL. Your priority is your money and your health.

Tea drinker

Any chance your diet has changed since moving? That could inflame symptoms too

Seckz Panther

Thanks for all the replies lads, heading to the doctor in the morning and then to the LL, so there'll be a decision made come dinner time

Cheers for the advice!

beauf

A doc can only advise you of you own health issues. They can't prove its your environment. If you want to prove its your environment, you need to have someone qualified look at the property.

Of course the LL might just let you go, no hassle.

Gatling

Any news on this Op

Seckz Panther

Got onto the landlord Monday, he offered me a room in a more modern house over the road, moved in yesterday evening.

Woke up today and any symptoms I had are pretty much gone, so happy days. Thanks for all the advice lads