My property is uninhabitable, can I move out?

It will depend on the problems and what your contract says. For a property to be classed as unfit to live in it has to be dangerous to your health which could include consistent problems such as:

  • No running water 
  • No electricity 
  • Insecure for safety  
  • Serious disrepair 

In these instances, before you move out, try and get independent advice and a visit from Environmental Health, or the landlord could still expect you to pay rent. You can contact LUU Advice to refer you to Environmental Health or you can contact them directly here.

The list of issues which could make a property unfit to live in has increased for tenancies signed after 1 June 2019. However, the issue still needs to be serious. If your property has any of these issues it still may not be possible to move out, but it will be easier to take your own action to get problems fixed without using the Environmental Health services. 

If the property is unclean, has mice or the heating is intermittently working, you should get compensation but you wouldn't have grounds to move out.

Contact your landlord in writing first to explain the problem and keep a copy for evidence, if it is a serious problem they should fix it within 24 hours. 

Don’t move out and sign a new contract without getting advice first or you could end up liable for two rents.

See our related articles for more advice on what to do if your landlord is not helping to fix a problem they are responsible for.