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Ended Tenancy Early

Hi All,


Have ended our 12 month tenancy 3.5 months early.


Have been living in this property for 2.5 years, and have a great relationship with the landlord.


He has agreed that he will let this property ASAP so that we're not having to pay our rent and mortgage at the same time (as don't have the money to do this!), however we understand that we have to pay up until the end of the tenancy.


The landlord however is now doing work on the property before he rents it out (apparently a lick of paint and fixing anything that was broken (nothing was broken)). Its now been a month since we vacated and the property is still not on the market.


In 2 weeks we'll have to pay another months rent which we cant afford to do.


Is there anything we can do/ any regulation that covers us for insisting the house go to market? As it seems he is just sitting on it wasting time (and our money!) when there weren't any obvious renovations that needed doing, atleast not any that would take a month to complete.


We've given back the keys to the property too, so although paying rent, have no access to it. Are we allowed to ask for keys as we're still paying rent and in contract?


It was a maisonette house, we were living in top two levels, and his nephew lived in the bottom. He just happened to move out at the same time we did (same day!).


I have a feeling he may be re-coverting to a full house again. Is it fair and legal for us to be paying rent for a property that may not exist in its original form anymore? (this is just speculation, as I'd like to cover all bases) And if not, does this give an out for having to pay any more rent/ refund of rent we have already paid since vacating?


Just trying to see where we may stand legally, as not getting much info out of the landlord or the letting agent.


Thanks
«1

Comments

  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
    What agreement do have you in writing?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    in essence the LL can dictate whatever conditions they want for an early surrender
  • DumbMuscle
    DumbMuscle Posts: 244 Forumite
    You have a tenancy until it is surrendered by mutual agreement or it ends. You have the right to access the property - if the LL cannot provide this, he should allow you to surrender the tenancy. You are well within your rights to demand the keys back and that you be allowed to use the property.

    However - You cannot force him to market the property (unless it says in the contract that he should do so immediately, or words to that effect, and even then you're not in a strong position), nor can you get out of paying rent until the term ends or he agrees to surrender.
  • saajan_12
    saajan_12 Posts: 3,619 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    You are still in contract and can demand the keys back, as well as that the LL respects your quiet enjoyment of the place, by not doing any work (except for necessary repairs). However that may not help your ultimate goal if you have no use for the property and don't want to pay rent+mortgage.

    Practically, I would write to the LL / agent to state that you are still paying for the property and would like to use it or ensure it is relet quickly. The latter would be in the LL's interest as that way he doesn't have a void. I would request the property is put on the market within 1 week.


    Otherwise you could suggest terminating the tenancy now, and paying a lump sum (say equal to a months rent) as part of the surrender agreement. This way you don't get access that you likely don't need, but your liability for rent is capped. The LL then has a month to find a tenant without losing anything which is doable, but he loses/gains if he's too slow/fast rather than you taking that risk.
  • always_sunny
    always_sunny Posts: 8,314 Forumite
    When will folks realise that 'friendly LL' and money never mix!
    EU expat working in London
  • pinkshoes
    pinkshoes Posts: 20,074 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Demand the keys back immediately!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    People keep saying demand the keys back - but I'd advise against that. The LL can (and probably will) simply turn around and say that's fine, please pay the rent as contractually obligated.
  • DumbMuscle
    DumbMuscle Posts: 244 Forumite
    Guest101 wrote: »
    People keep saying demand the keys back - but I'd advise against that. The LL can (and probably will) simply turn around and say that's fine, please pay the rent as contractually obligated.

    The landlord can do that anyway... the only bargaining chip the tenants have is preventing the LL from doing the renovation work until the end of tenancy.

    An email saying "agree to a surrender on reasonable terms, or give us quiet enjoyment of the property" is not an unreasonable bargaining position.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    DumbMuscle wrote: »
    The landlord can do that anyway... the only bargaining chip the tenants have is preventing the LL from doing the renovation work until the end of tenancy.

    An email saying "agree to a surrender on reasonable terms, or give us quiet enjoyment of the property" is not an unreasonable bargaining position.
    No but it's risky, the LL could turn around next week and say - all done, I've marketed the property and thanks for your patience.
  • pinkshoes
    pinkshoes Posts: 20,074 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Guest101 wrote: »
    People keep saying demand the keys back - but I'd advise against that. The LL can (and probably will) simply turn around and say that's fine, please pay the rent as contractually obligated.

    The LL clearly has no intention of finding a new tenant, so the OP might as well cause maximum inconvenience and ask for the keys back, because quite frankly the LL is taking the p*ss by having time to do renovations whilst getting full rent.

    The LL cannot decline this request because the tenancy is being paid in full, so either he is hally for the tenancy to be surrendered (so no more rent due) or he can wait until the tenancy expires before doing his work.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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