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    • Jenjenjenna
    • By Jenjenjenna 11th Jan 18, 11:52 AM
    • 2Posts
    • 0Thanks
    Ending tenancy
    • #1
    • 11th Jan 18, 11:52 AM
    Ending tenancy 11th Jan 18 at 11:52 AM
    Hi,just looking for some advice.

    We have lived in this rental property for 10 years during that time my health took a turn and I am unable to walk very well at all and certainly unable to use the stairs. We were offered a house with housing association that is fully accessible for me which is great. It meant that we needed to end our fixed contract early. we contacted the estate agents Dec 1st to advise that we would need to end the tenancy early for health and accessible issues with the property and we would move out on the 16th Jan. We asked the landlord to take in to consideration my health problems and that fact we were good tenants and end the contract early. We backed all this up in writing. However the estate agents are saying that they have been unable to contact the landlord and all his contact details they have for him are incorrect so they will be unable to end the tenancy early so we will need to pay the rent up until March. This doesn't seem fair. They said they will keep trying to contact him but we are fully responsible until they do. Does this seem right. Do I need to carrying on paying the rent? What happens if I just give the keys back and walk away from the date we told them we would be vacating the property. Thanks in advance
Page 1
    • Comms69
    • By Comms69 11th Jan 18, 11:55 AM
    • 2,847 Posts
    • 2,718 Thanks
    • #2
    • 11th Jan 18, 11:55 AM
    • #2
    • 11th Jan 18, 11:55 AM
    Yes. The LL does not have to agree to this, you are liable for the full length of the fixed term.

    If you dont pay, the normal route would be small claims court (or deposit if sufficient to cover arrears etc), which could mean a CCJ if you fail to pay the order.
    • cjmillsnun
    • By cjmillsnun 11th Jan 18, 12:03 PM
    • 540 Posts
    • 520 Thanks
    • #3
    • 11th Jan 18, 12:03 PM
    • #3
    • 11th Jan 18, 12:03 PM
    Hang on. There are no contact details for the landlord? I smell bull.

    The agents have the correct details. They just donít want to contact him.

    That said there is no legal obligation for the LL to end the tenancy early however without being allowed to end the tenancy early you are contractually bound to the whole term.
    Last edited by cjmillsnun; 11-01-2018 at 12:06 PM.
    • Jenjenjenna
    • By Jenjenjenna 11th Jan 18, 12:33 PM
    • 2 Posts
    • 0 Thanks
    • #4
    • 11th Jan 18, 12:33 PM
    • #4
    • 11th Jan 18, 12:33 PM
    Oh no. They clearly have contact details I honestly believe the just don't want to contact him. If I don't pay the rent (as I really can't afford to pay double rent for 2 months ) what happens if he takes me to court. Will it just be a court order to pay they outstanding amount. I mean he can have the bond I don't care. The ccj would come if I don't pay the court order. There's a possibility that they wouldn't take me to.court just take the bond and be done. I think I might just have to chance that and put money away just in case. This is such a dreadfully stressful situation
    • Cakeguts
    • By Cakeguts 11th Jan 18, 12:40 PM
    • 3,894 Posts
    • 5,381 Thanks
    • #5
    • 11th Jan 18, 12:40 PM
    • #5
    • 11th Jan 18, 12:40 PM
    Are the landlord's details on your tenancy agreement? If they are you could contact the landlord yourself.
    • G_M
    • By G_M 11th Jan 18, 12:42 PM
    • 43,376 Posts
    • 51,065 Thanks
    • #6
    • 11th Jan 18, 12:42 PM
    • #6
    • 11th Jan 18, 12:42 PM
    It may or may not be 'bull'. No way of knowing.

    But it makes no difference.

    It appears you have a fixed term contract till March 31st. That is a contractually legally enforcible unless either

    1) there is a 'Break Clause' in the contract (have you checked?) and you invoke it, or
    2) the landlord agrees to accept an Early Surrender.

    The landlord has not agreed 2) above (either becuse he cannot be contacted, or because he does not wish to ['bull'] ), therefore unless there is a Break Clause you owe rent till March 31st (plus utilities etc).

    Yes you are right about the potential court action, and potential CCJ.
    • saajan_12
    • By saajan_12 12th Jan 18, 8:03 AM
    • 1,162 Posts
    • 786 Thanks
    • #7
    • 12th Jan 18, 8:03 AM
    • #7
    • 12th Jan 18, 8:03 AM
    Whether the agent can't or won't contact the LL is irrelevant, as even if the LL is contacted, they have no obligation to agree to your suggestion.

    You have a fixed term contract and are automatically liable for the rent for the full term. This is what you agreed to and as such is perfectly fair. Practically, your options are
    1) Pay rent for the remaining 2.5months, get your deposit back and leave on good terms
    2) Stop paying, they keep deposit (so you lose 1 months rent) and either they let it go after some agro, or they sue you for the remaining 1.5months + statutory interest + court fees. You have more stress and the effort of attending a hearing etc.
    • Murphybear
    • By Murphybear 12th Jan 18, 9:01 AM
    • 3,490 Posts
    • 7,199 Thanks
    • #8
    • 12th Jan 18, 9:01 AM
    • #8
    • 12th Jan 18, 9:01 AM
    I have a suggestion.

    Is the property in good condition? Will it be easy to re-let? Ask the agents if they can advertise for new tenants now rather than March. If you offered to pay some or all of the agents fees then they will be swamped with applicants.
    • Socajam
    • By Socajam 14th Jan 18, 8:26 PM
    • 28 Posts
    • 8 Thanks
    • #9
    • 14th Jan 18, 8:26 PM
    • #9
    • 14th Jan 18, 8:26 PM
    Good idea by Murphybear.
    Also how about using your deposit for the last month rent, that means you only need to pay for February.
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