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    • raspberryjam
    • By raspberryjam 11th Jul 17, 3:41 PM
    • 1Posts
    • 0Thanks
    raspberryjam
    Ended Tenancy Early
    • #1
    • 11th Jul 17, 3:41 PM
    Ended Tenancy Early 11th Jul 17 at 3:41 PM
    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
Page 1
    • FBaby
    • By FBaby 11th Jul 17, 3:55 PM
    • 15,943 Posts
    • 39,733 Thanks
    FBaby
    • #2
    • 11th Jul 17, 3:55 PM
    • #2
    • 11th Jul 17, 3:55 PM
    What agreement do have you in writing?
    • Guest101
    • By Guest101 11th Jul 17, 3:58 PM
    • 15,128 Posts
    • 14,761 Thanks
    Guest101
    • #3
    • 11th Jul 17, 3:58 PM
    • #3
    • 11th Jul 17, 3:58 PM
    in essence the LL can dictate whatever conditions they want for an early surrender
    • DumbMuscle
    • By DumbMuscle 11th Jul 17, 4:04 PM
    • 196 Posts
    • 290 Thanks
    DumbMuscle
    • #4
    • 11th Jul 17, 4:04 PM
    • #4
    • 11th Jul 17, 4:04 PM
    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
    • By saajan_12 11th Jul 17, 4:23 PM
    • 848 Posts
    • 557 Thanks
    saajan_12
    • #5
    • 11th Jul 17, 4:23 PM
    • #5
    • 11th Jul 17, 4:23 PM
    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
    • By always_sunny 11th Jul 17, 4:34 PM
    • 3,456 Posts
    • 3,681 Thanks
    always_sunny
    • #6
    • 11th Jul 17, 4:34 PM
    • #6
    • 11th Jul 17, 4:34 PM
    When will folks realise that 'friendly LL' and money never mix!
    Expat with an EU passport
    • pinkshoes
    • By pinkshoes 11th Jul 17, 4:51 PM
    • 15,243 Posts
    • 20,749 Thanks
    pinkshoes
    • #7
    • 11th Jul 17, 4:51 PM
    • #7
    • 11th Jul 17, 4:51 PM
    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
    • By Guest101 11th Jul 17, 4:53 PM
    • 15,128 Posts
    • 14,761 Thanks
    Guest101
    • #8
    • 11th Jul 17, 4:53 PM
    • #8
    • 11th Jul 17, 4:53 PM
    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
    • By DumbMuscle 11th Jul 17, 4:59 PM
    • 196 Posts
    • 290 Thanks
    DumbMuscle
    • #9
    • 11th Jul 17, 4:59 PM
    • #9
    • 11th Jul 17, 4:59 PM
    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.
    Originally posted by Guest101
    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
    • By Guest101 11th Jul 17, 5:05 PM
    • 15,128 Posts
    • 14,761 Thanks
    Guest101
    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.
    Originally posted by DumbMuscle
    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
    • By pinkshoes 11th Jul 17, 5:48 PM
    • 15,243 Posts
    • 20,749 Thanks
    pinkshoes
    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.
    Originally posted by Guest101
    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!)
    • sevenhills
    • By sevenhills 11th Jul 17, 5:55 PM
    • 587 Posts
    • 218 Thanks
    sevenhills
    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.
    Originally posted by raspberryjam
    It often takes time to let a property, it should have been advertised as soon as you left.
    The landlord is playing you, but I guess you will have to go with it.
    • fishpond
    • By fishpond 11th Jul 17, 6:11 PM
    • 933 Posts
    • 506 Thanks
    fishpond
    Have you spoken to the landlord recently,
    to ask what is happening?
    I am a LandLord, so there!
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