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    • diddykong
    • By diddykong 14th Sep 17, 12:11 PM
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    diddykong
    Moving out of rented house - contract query
    • #1
    • 14th Sep 17, 12:11 PM
    Moving out of rented house - contract query 14th Sep 17 at 12:11 PM
    My wife and I are looking to get a mortgage. We are currently renting and have been in the house for over four years. We recently signed a new 12 month lease. In the terms of our contract, it states that we need to pay all landlord costs , if we move out before end of our current lease (August 2018).

    I know this means that should we move out in November (for example), we are liable to pay rent until the property is filled (or August 2018). However, under tenancy laws, is our letting agency under any obligation to advertise the property to new tenants by a certain date and standard? Obviously, if we are living in our new house, yet paying rent on our previous property, we’d like it filled asap!

    Thanks in advance for any help.
Page 1
    • G_M
    • By G_M 14th Sep 17, 12:19 PM
    • 41,084 Posts
    • 47,223 Thanks
    G_M
    • #2
    • 14th Sep 17, 12:19 PM
    • #2
    • 14th Sep 17, 12:19 PM
    No. There is no law forcing the landlord (it's nothing to do with the agency - they just do what the LL tells them to do) to do anything.

    What is the exact wording in the contract please? It is likely to be more than just the rent - it will probably include his advertising costs, letting agency costs, costs for setting up the new tenancy etc

    These are all costs the LL is not expecting to have to pay till August 2018.

    Your best bet is to discuss your plans, informally, with the LL at a convenient moment (does the LL do inspections? Bake a cake and offer him tea!) and see how flexble he will be.

    Don't understand why you have literally just signed a 12 month contract if you are considering buying.......
    • SeduLOUs
    • By SeduLOUs 14th Sep 17, 12:21 PM
    • 2,073 Posts
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    SeduLOUs
    • #3
    • 14th Sep 17, 12:21 PM
    • #3
    • 14th Sep 17, 12:21 PM
    What does it say in your lease about leaving the property empty? I know in mine I have to get permission (or maybe just make him aware, I can't remember) if I am going away for more than 2 weeks, presumably as this may have an effect on the insurance.
    • theartfullodger
    • By theartfullodger 14th Sep 17, 12:22 PM
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    theartfullodger
    • #4
    • 14th Sep 17, 12:22 PM
    • #4
    • 14th Sep 17, 12:22 PM
    As GM says: And be flexible with landlord - happy to keep the place tidy, viewings by possible tenants OK etc etc etc..

    Yeah, signing 12 months then knowing you are moving a month later....
    • diddykong
    • By diddykong 14th Sep 17, 12:59 PM
    • 4 Posts
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    diddykong
    • #5
    • 14th Sep 17, 12:59 PM
    • #5
    • 14th Sep 17, 12:59 PM
    Thanks for your replies.

    The reason we re-signed is because while we have been looking for houses to buy for some time, we like the house we rent. At the time of signing, we had nowhere else to go. The only new contract on offer was a 12 month one. Had we declined it and not bought a house, we would have to rent somewhere else - most likely with another 12 month lease.

    The wording of the contract states...

    The tenant must repay the landlord's expenses for re-letting the property and for any loss of rent.

    We also need to notify them if we leave the property vacant for more than 21 days.

    It's a nice idea about contacting the landlord, but we are told to always go direct through our agency.
    • G_M
    • By G_M 14th Sep 17, 1:12 PM
    • 41,084 Posts
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    G_M
    • #6
    • 14th Sep 17, 1:12 PM
    • #6
    • 14th Sep 17, 1:12 PM
    You did not have to sign. You could have just gone periodic. But water under the bridge now....

    So there will be costs as I outlined in my earlier post, plus rent till new tenant in place.

    You have a contract with a landlord. Of course you can contact him.

    * He may not wish to discuss with you, and may refer you back to his agent, but who knows?
    * it's probably the agent who says 'talk to us not the LL'. Does not mean the LL will not talk to you!
    * if you don't know the LL's address, write and ask for it, quoting the Landlord & Tenant Act 1985 Section 1
    Last edited by G_M; 14-09-2017 at 5:49 PM.
    • theartfullodger
    • By theartfullodger 14th Sep 17, 1:15 PM
    • 8,898 Posts
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    theartfullodger
    • #7
    • 14th Sep 17, 1:15 PM
    • #7
    • 14th Sep 17, 1:15 PM
    As GM says or spend £3 with land registry & see who is named & what address as owner ...
    https://www.gov.uk/search-property-information-land-registry

    Can be done in minutes online...
    • diddykong
    • By diddykong 14th Sep 17, 1:21 PM
    • 4 Posts
    • 0 Thanks
    diddykong
    • #8
    • 14th Sep 17, 1:21 PM
    • #8
    • 14th Sep 17, 1:21 PM
    Thank you very much. I do know the landlord's address, so if it becomes necessary, will contact him.

    Properties in our area, that meet our criteria don't come up very often, so it could easily be another 9+ months until we find one.

    I'll take this as a lesson learnt, and if we get a similar situation next summer and have to renew, I'll ask if we can have a new contract for a lower timescale.
    • LEJC
    • By LEJC 14th Sep 17, 1:26 PM
    • 9,015 Posts
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    LEJC
    • #9
    • 14th Sep 17, 1:26 PM
    • #9
    • 14th Sep 17, 1:26 PM
    Have you actually bought a new property yet or still looking....don't forget it takes n average of 4 months to complete on something you are buying ....your post above is slightly confusing....you mention renewing your tenancy next August????
    frugal October...£45.59 of £40 food shopping spend for the 2 of us!
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    • diddykong
    • By diddykong 14th Sep 17, 1:33 PM
    • 4 Posts
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    diddykong
    I'm sorry for the confusion. We are first time buyers, so don't know about the timescales in buying a house.

    We have not bought a property. However, have put in an offer on one. If the offer is not accepted, it could be many months at least until we find another we like.

    With regards to renewing next August, that is when it is up for renewal again.
    • cjdavies
    • By cjdavies 14th Sep 17, 1:39 PM
    • 2,584 Posts
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    cjdavies
    I'll take this as a lesson learnt, and if we get a similar situation next summer and have to renew, I'll ask if we can have a new contract for a lower timescale.
    Originally posted by diddykong
    No need to ask anything, just don't sign (saving fess also), it will automatically roll onto a monthly period.
    • Fosterdog
    • By Fosterdog 14th Sep 17, 3:54 PM
    • 3,160 Posts
    • 5,458 Thanks
    Fosterdog
    I'm sorry for the confusion. We are first time buyers, so don't know about the timescales in buying a house.

    We have not bought a property. However, have put in an offer on one. If the offer is not accepted, it could be many months at least until we find another we like.

    With regards to renewing next August, that is when it is up for renewal again.
    Originally posted by diddykong
    If you do get as far as next August you do not have to sign a new tenancy agreement to be able to stay, once you are out of your original term it will automatically roll onto a periodic tenancy (usually a month by month basis) that way when you do find somewhere to buy you can time your purchase to suit your agreement.
    • G_M
    • By G_M 14th Sep 17, 5:52 PM
    • 41,084 Posts
    • 47,223 Thanks
    G_M
    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
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