Tenant wants to leave after 1 month on a 12 month AST

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My tenants have verbally stated they want to leave the property after 1 month on a 12 month AST on the grounds that due to some minor damp in one of the bedrooms it is affecting their child’s health.

When this was highlighted to me at the start of the tenancy I have arranged for a builder to fix the damp issue, however they still want to move as their son is asthmatic and has apparently been suffering from health issues since moving in. They insist they asked if the house had damp prior to signing the agreement, but from my knowledge I do not recall this, and now say they would not have rented if they had know, albeit they had two viewings and the damp was visible.

They are happy to pay the second months rent only and are not interested in paying the rent until I find another tenant and to contribute towards the re-advertising costs.

I suspect that if I try to enforce this they will try to get legal support on the grounds above.

I am very happy to rectify the damp issue and am actively rectifying this whether they leave or not. I have also learnt from a third party that I believe the husband may have been made redundant recently so this may also be a factor for them wanting to leave although they have not told me this directly.

Any advice on if I should/can enforce the above and what grounds they have claiming the above for moving.

Thanks

08/04/2010 00:00

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