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Question about breaking out of our current Tenancy Agreement due to mold growth in the home.

Apologies in advance for the long-winded question but some context is needed here.

So my wife and I have been staying in this unit for over a year now and we have had issues with water leakage that has spurred some growth of mold. The leakage has been fixed, however the mold has spread to another room which does not seem to go away. In addition to that, we have now also come across very very small insects, called booklice, that feed on these mold.

We have notified our landlord via Whatsapp in November 2018, in March 2019 we sent an official notification of the issue via email requesting the owner to resolve the issues with mold with the property's management ASAP.

Our problem is that my wife is asthmatic, and the spores in that room has gotten to the point where the room is no longer inhabitable, mold started getting on our clothes and furniture. We have called pest control twice to try and get rid of the insects, we have cleaned the room on our own expense to try and get rid of the mold, but it continues to come back. We are at a breaking point where we are constantly getting sick and we just cannot live there anymore.

There is a clause in the agreement that states along the lines of:
"If the Demise Premises at any time be destroyed or damaged from any cause so as to render the Demised Premises unfit for occupation the rent hereby reserved or a fair proportion thereof according to the nature and extent of damage sustained shall be suspended until it is fit for use. If it is not reinstated by the Landlord within 3 months after the event either the Landlord or the Tenant may give to the other notice in writing to determine this tenancy and everything herein contained shall cease and be void from the date of occurrence of such damage."

Does this mean that we are able to move out and get our security deposit back? We really cannot live here any longer. It is da
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2 Answers

Safety comes first. I think you can consult a lawyer if the deposit is a lot to take back. Ortherwise just move away from the house. Don't forget " Time is Money". Read More
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<en>David</en> <en>Wong Lai Kwong</en>
The clause that you mentioned is usually the clause applicable in the event of a fire. However, you stated that the clause state "from any cause" and not specifically fire. Based on that, you may inform the Landlord and request the tenancy to be on hold until the place is restored to be fit for occupation within 3 months. It does not allow you the right to terminate the tenancy unless a termination clause is stated clearly in the tenancy agreement . Read More
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