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  • FIRST POST
    • bonnand
    • By bonnand 5th Mar 17, 9:43 PM
    • 32Posts
    • 1Thanks
    bonnand
    Renting Tenancy Agreements
    • #1
    • 5th Mar 17, 9:43 PM
    Renting Tenancy Agreements 5th Mar 17 at 9:43 PM
    Hi,

    We recently downsized after our children left home to a two bed flat on an initial 6 month tenancy.

    We realised that this was a mistake and we were hoping someone could advise if we could be able to move out or have to ride out the 6 months.

    Requirements for my job have also changed so we may need to move within a month .

    Thanks in advance for your help.
Page 1
    • G_M
    • By G_M 5th Mar 17, 10:12 PM
    • 39,616 Posts
    • 45,110 Thanks
    G_M
    • #2
    • 5th Mar 17, 10:12 PM
    • #2
    • 5th Mar 17, 10:12 PM
    You can leave if

    * there is a 'Break Clause' in the contract (unlikely in a 6 month contract), or

    * the landlord agrees to an Early Surrender. This is entirely optional on him. Typically a LL would want some financial compensation eg his re-marketing costs.

    Speak to your landlord.
    • TBagpuss
    • By TBagpuss 6th Mar 17, 10:23 AM
    • 5,526 Posts
    • 7,243 Thanks
    TBagpuss
    • #3
    • 6th Mar 17, 10:23 AM
    • #3
    • 6th Mar 17, 10:23 AM
    You can leave at any time but your lease runs for 6 months so you would be liable to the landlord for the rent to the end of the contract.

    You could try to agree an early surrender with the landlord. They might be prepared to do this is the flat is easy to let, although they would normally expect you to cover any additional expenses they incur (for insntace, in advertising the flat)

    Short term, if you need to move for your job, could you look at Mon - Fri lodging near the new place of work (and possible try to get a lodger of your own to help offset the cost?)
    • bonnand
    • By bonnand 10th Mar 17, 7:04 PM
    • 32 Posts
    • 1 Thanks
    bonnand
    • #4
    • 10th Mar 17, 7:04 PM
    • #4
    • 10th Mar 17, 7:04 PM
    Hi

    Many thanks for your replies.

    We are thinking of emailing the landlord to advise that no matter what, we will be ending the tenancy at the end of the fixed term.

    Would this put us in a difficult position or could we ask for some guarantee that he would give us say at least two months if they found a new tenant?

    We were also going to try and find replacement tenants ourselves via something like Gumtree etc. Had anybody else done this or could it put us in a position of weakness?

    Many thanks again.
    • dimbo61
    • By dimbo61 10th Mar 17, 7:56 PM
    • 9,377 Posts
    • 5,090 Thanks
    dimbo61
    • #5
    • 10th Mar 17, 7:56 PM
    • #5
    • 10th Mar 17, 7:56 PM
    Why are you emailing the LL that you MAYBE moving out at the end of the 6 months ?
    If you know you have to move due to work then talk to the Landlord and ask if you can get out of your contract early.
    You need to help the LL find a replacement tenant/s
    • bonnand
    • By bonnand 10th Mar 17, 8:20 PM
    • 32 Posts
    • 1 Thanks
    bonnand
    • #6
    • 10th Mar 17, 8:20 PM
    • #6
    • 10th Mar 17, 8:20 PM
    Hello,

    I think you misread my last post, we will email the LL and advise that we are moving out at the end of the fixed term. The aim is to try and Gond new tenants which should be possible for our area.

    I just wanted to make sure we are in control as much as possible.

    Thanks.
    • MyOnlyPost
    • By MyOnlyPost 10th Mar 17, 9:05 PM
    • 1,514 Posts
    • 1,020 Thanks
    MyOnlyPost
    • #7
    • 10th Mar 17, 9:05 PM
    • #7
    • 10th Mar 17, 9:05 PM
    We are thinking of emailing the landlord to advise that no matter what, we will be ending the tenancy at the end of the fixed term.

    Would this put us in a difficult position or could we ask for some guarantee that he would give us say at least two months if they found a new tenant?.
    Originally posted by bonnand
    I simply don't understand this.

    Do you mean:

    We are thinking of emailing the landlord to advise that no matter what, we will be ending the tenancy at the end of the fixed term or earlier if he can find a suitable new tenant?

    Otherwise I don't understand the need for you to have 2 months notice, you would already be setting your own tenancy end.
    It may sometimes seem like I can't spell, I can, I just can't type
    • G_M
    • By G_M 10th Mar 17, 9:19 PM
    • 39,616 Posts
    • 45,110 Thanks
    G_M
    • #8
    • 10th Mar 17, 9:19 PM
    • #8
    • 10th Mar 17, 9:19 PM
    Personally I would not be interested in my tenant finding a replacement, via gumtree or anywhere else.

    I advertise. I filter applicants. I do viewings (at which I meet the applicants). I select one from however many say they wish to take up the property. I vet them.

    Then I issue a tenancy agreement (or Deed of Assignment).
    • bonnand
    • By bonnand 15th Mar 17, 8:46 PM
    • 32 Posts
    • 1 Thanks
    bonnand
    • #9
    • 15th Mar 17, 8:46 PM
    • #9
    • 15th Mar 17, 8:46 PM
    Oh dear,

    I am not going to get someone to take over the tenancy without the permission of the landlord.

    My intention is to try and find someone, to introduce them to the LL, get his approval and then the new tenants can take over.

    I'm just after some help, we have made a mistake and want to get out ASAP with the approval and help of our LL.

    Anybody who has useful help will be greatly appreciated.

    Thank you.
    • G_M
    • By G_M 15th Mar 17, 9:15 PM
    • 39,616 Posts
    • 45,110 Thanks
    G_M
    .............

    Anybody who has useful help will be greatly appreciated.

    Thank you.
    Originally posted by bonnand
    You can leave if

    * there is a 'Break Clause' in the contract (unlikely in a 6 month contract), or

    * the landlord agrees to an Early Surrender. This is entirely optional on him. Typically a LL would want some financial compensation eg his re-marketing costs.

    Speak to your landlord.
    My intention is to try and find someone, to introduce them to the LL, get his approval and then the new tenants can take over.
    There is no point finding a potential new tenant unless/until your landlord has agreed in principle to accept an Early Surrender.

    All that will achieve is a disappointed potential new tenant and an annoyed LL wondering why you were taking him for granted.
    Last edited by G_M; 15-03-2017 at 9:18 PM.
    • bonnand
    • By bonnand 15th Mar 17, 9:30 PM
    • 32 Posts
    • 1 Thanks
    bonnand
    How am I taking LL for granted?

    All I'm trying to do is alleviate a situation which, by my own admission is my own fault, but after that I'm just trying to find options and work with the LL.

    I understand the position you are coming from but unfortunately it's not proving very helpful.
    • Cakeguts
    • By Cakeguts 15th Mar 17, 11:16 PM
    • 2,436 Posts
    • 3,049 Thanks
    Cakeguts
    How am I taking LL for granted?

    All I'm trying to do is alleviate a situation which, by my own admission is my own fault, but after that I'm just trying to find options and work with the LL.

    I understand the position you are coming from but unfortunately it's not proving very helpful.
    Originally posted by bonnand
    It appears that you think that the landlord will be grateful to you for trying to help him out of this situation. You can't find a replacement tenant for your landlord you are not living in student accommodation.

    You do not have the upper hand in this. The landlord has the upper hand because the fact that you changed your mind is not his fault. It isn't guaranteed that he will let you surrender the tenancy he doesn't have to do that. Finding another tenant will not change that situation.

    You will have to contact the landlord about the early surrender before you do anything else.
    • Pixie5740
    • By Pixie5740 15th Mar 17, 11:38 PM
    • 10,385 Posts
    • 14,223 Thanks
    Pixie5740
    How am I taking LL for granted?

    All I'm trying to do is alleviate a situation which, by my own admission is my own fault, but after that I'm just trying to find options and work with the LL.

    I understand the position you are coming from but unfortunately it's not proving very helpful.
    Originally posted by bonnand
    What do you not find helpful about the advice? Contacting the landlord was the best piece of advice you were going to get so have you done it?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • anselld
    • By anselld 16th Mar 17, 6:58 AM
    • 5,157 Posts
    • 4,701 Thanks
    anselld
    I understand the position you are coming from but unfortunately it's not proving very helpful.
    Originally posted by bonnand
    That is because you are not listening.

    I just wanted to make sure we are in control as much as possible.
    Originally posted by bonnand
    You are not in control. Unless there is a break clause you are committed to 6 months and early surrender is entirely at the discretion of the L.

    The L may or may not appreciate "help" with finding a new tenant. The L must agree what can happen, hence why GM and others have recommended discussion with the L as a first step.
    • saajan_12
    • By saajan_12 16th Mar 17, 7:13 AM
    • 461 Posts
    • 288 Thanks
    saajan_12
    The LL may well be happy to have a new tenant introduced to them who they can vet (indeed many use LAs) thus avoiding voids at the end of your 6 months. Equally the LL (like G_M) may want to see through the tenant finding process start to finish.

    The point is you don't know, so there's no need to waste everyone's time until you ask the LL whether they would be open to an Early Surrender / new tenant introductions.
    • G_M
    • By G_M 16th Mar 17, 3:44 PM
    • 39,616 Posts
    • 45,110 Thanks
    G_M
    How am I taking LL for granted?

    ....... I'm just trying to find options and work with the LL.
    Originally posted by bonnand
    I did not say you were taking the LL for granted. I said: "an annoyed LL wondering why you were taking him for granted." Very different.

    He (the LL) might well consider that presenting him with a potential new tenant out of the blue was taking him for granted, given that a) he had no idea he needed a new tenant and b) he may (or may not) resent the presumption that you can find said tenant for him.

    You've not spoken to the LL, or discussed options, or attempted to find out his views. That is not 'working with the landlord'.

    I understand the position you are coming from but unfortunately it's not proving very helpful.
    See posts 2 & 10:
    You can leave if

    * there is a 'Break Clause' in the contract (unlikely in a 6 month contract), or

    * the landlord agrees to an Early Surrender. This is entirely optional on him. Typically a LL would want some financial compensation eg his re-marketing costs.

    Speak to your landlord.
    I maintain that that is helpful both in that it clarifies your legal position, and suggests the best way for you to move forward.
    Last edited by G_M; 16-03-2017 at 3:48 PM.
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