Breaking a Tenancy

lilacgirl_2

Hi there,

Just wondering whether anyone could offer some advice....

Me and my family are 3 months into a 6 month tenancy and we intending to leave at the end of this month, the reason being is we own a luton van and we park it outside our property on the road and the neighbours opposite are complaining as they are having difficulty getting there cars on their drives (so they say). before we moved in we checked out the road and there are other vans up and down the road but some reason we picked the right neighbours opposite to have a moan. We have a drive but the van is too long to fit and would obstruct the pavement.

Are we liable until the end of the tenancy to pay the rent? i've read the tenancy agreement and it says all this gobbledy gook about landlords rights, cleaning and maintanence of the property but nothing at all about leaving the property or ending the tenancy early.

The truth of the matter is we have found a lovely family to overtake the tenancy but my landlord says he doesnt want a 'black' family living there, we were absolutely disgusted by his racism but what can we say (it was over the phone)? its not our house. He has now told the lady to go through an agency where she has to pay fees etc.. for a credit reference but we have a small niggly feeling that he will get the agent to not pass her just because he doesnt want them living there.

What should we do, will we lose our deposit for def and can he make us pay a further 3 months rent?

Please help, Lilac x

silvercar

Putting aside the racism of the landlord, not to trivialise it but because it is not your issue.

You signed a 6 month contract, you are therefore obliged to pay rent for those six months. The landlord would have a duty to mitigate losses by trying to find another suitable tenant, but you would be liable for the costs of doing so.

Bottom line is whether putting up with the neighbours is worth it to save 3 months rent.

If you leave at the end of the month where will you go? With a damaged credit record, you may find problems finding somewhere else.

lilacgirl_2

we have somewhere to go to, in a better location and where our van wont be a problem to anyone.

if our landlord refuses to accept new tenants while we're still 'under' tenancy then surely he cant take us to court and try to claim losses when he could have had a new family take straight over the tenancy with no loss of rent?

chambta

Can't you park it round the corner? Seems a trivial matter to consider leaving a property so soon.

lilacgirl_2

not when its full of business stock, its our main use of business as we are van sales, if it was parked around the corner (we live in the middle of a residential area) it would only bug someone else and if it got broken into or stole we would lose on an insurance claim

clutton_2

""he cant take us to court and try to claim losses when he could have had a new family take straight over the tenancy with no loss of rent""

yes he can - as you are not in a position to know whether this family will pass credit checks, be suitable tenants or not - only the landlord can decide who he accepts into his propertyt

you have signed a legally binding doucment - and you must pay the rent if you are not living there, and until the LL gets a new tenant

if it was the other way round and the LL wanted to kick you out 3 months early what would you say ??


you also say

""if it was parked around the corner (we live in the middle of a residential area) it would only bug someone else and if it got broken into or stole we would lose on an insurance claim""

you must have known all this before you moved in ....

lilacgirl_2

the agreement says the landlord has 28 days to get us out - lots of rights for him but not us - how fair is that?

yes we did know about the nice residential area we had chosen to live in but not about the miserable sods across the road, they run a business from home across the road so have lots of deliveries and visitors, why does that make it fair for them? there is plenty of room to get onto their drives they just choose to moan - its not our fault either if they've cr*p drivers

kunekune

He can't get you out during the 6 months unless you break the terms of the tenancy. It goes both ways. It's a pretty standard type of tenancy, I find it hard to believe you could possibly believe you don't have to pay. And really, for the sake of just a few weeks, can't you put up with it? Paying rent for two houses will be expensive.

silvercar

lilacgirl wrote: »

the agreement says the landlord has 28 days to get us out - lots of rights for him but not us - how fair is that?

yes we did know about the nice residential area we had chosen to live in but not about the miserable sods across the road, they run a business from home across the road so have lots of deliveries and visitors, why does that make it fair for them? there is plenty of room to get onto their drives they just choose to moan - its not our fault either if they've cr*p drivers

Landlord can't get you out in 28 days, whatever it says in the contract. A 6 month fixed term is just that. You can leave at the end of the 6 months without giving any notice, the landlord would have to give 2 months notice (known as section 21 notice) to let you know to leave at the end of the fixed term.

You moan about the neighbours. Firstly they are not the landlord's responsibility, so why should the landlord suffer due to their behaviour. Secondly, if your van is parked legally, why are you listening to their moans - I certainly wouldn't lose three months rent money over moaning neighbours, if I was doing nothing wrong.

poppysarah

I would ring the council and tell their private sector housing team about the racist comments from the landlord.
When you took the house did you check you could fit the van on the drive, or did you not have the van then?

Blacksheep1979

could you not unload the van at night?