Breaking a Tenancy

silvercar

If OPis parking the van in a place legally, then why can't the neighbours be ignored?

Sounds to me that they have found somewhere else to live and the van problem is an excuse to try to get out of the contract.

Debt_Free_Chick

lilacgirl wrote: »

the agreement says the landlord has 28 days to get us out - lots of rights for him but not us

Read it again. Neither of you can opt out within the fixed period, which seems to be 6 months (from your posts). The LL can issue proceedings to get you out before 6 months, but only in very limited circumstances e.g. you are in arrears with the rent.

how fair is that?

Very fair. You are both consenting adults and you each signed a legally binding contract, having considered the position before you did so.

Personally, I find your argument very weak. Either your neighbours can get on the drive with your vehicle on the road, or they can't. Which is it?

If they can get on the drive, then just politely smile and ignore them.

If they can't, then be a good considerate neighbour and move your vehicle a metre to either side - it doesn't need to be moved a mile away or in to the next Parish

I rather feel you are not giving us the full picture here. Sorry - but your story simply doesn't "add up".

missymugwump

silvercar wrote: »

If OPis parking the van in a place legally, then why can't the neighbours be ignored?

Sounds to me that they have found somewhere else to live and the van problem is an excuse to try to get out of the contract.

Sounds like that to me too
Already got somewhere
End of day you have to pay for the 6 months
You are liable landlord can sue you


You signed a contract thats why you don't have the right to just up & leave
You sure you AST says nothing about commercial vehicles on the property ? its a common clause

1984ReturnsForReal_2

I would love to see your landlords' face in court when he tries to sue you & the judge kicks it out when you produce evidence that you alligned a tenant but you tell the judge the lanlord didnt entertain the idea because of the colour of their skin.

missymugwump

Well the judge would say it was inadmissable as it was hearsay
DOH

OP cant just say take so&so because I want to go
A contract is legal & binding

1984ReturnsForReal_2

missymugwump wrote: »

Well the judge would say it was inadmissable as it was hearsay
DOH

OP cant just say take so&so because I want to go
A contract is legal & binding

Lol..


Yeah right..

He would sue for losses. Losses include not being able to let out. You provide evidence of a candidate & evidence of the fact you passed the candidate onto the landlord & then the judge would ask the landlord why he didnt take the applicant into account..

All admissible.

lilacgirl_2

THANK YOU 1984ReturnsForReal

I would be interested to learn how many of you who have responded are actual landlords yourselves???

i came on here for advice not to be told 'my story' doesnt add up, it is as i said it is, the van IS NOT obstructing anyone its just the stupid neighbours across the road who happen to be old people and have prob lived there for 150 years and never had to have a large vehicle opposite the road from where there drive is.

if i end up getting fed up of the constant moans and tutts i will no doubt end up swearing at them, telling them to 'do one' and again no doubt this will get back to our landlord - i have told our landlord the problem.

AND we have lived here 3 months, this has been going on for more than half of that which has given us plenty of time to look for another property

why cant anyone on here give practical advice, i.e. how i can get out of the tenancy instead of questioning my original question and doubting why we want to move

I am on maternity leave until june which means im at home all day, i dont get to go to work and just see our snobby neighbours of a wkend

TO BLACKSHEEP1979 do you want to unload our van every night?

Planner

Unfortunatley there is no way for you to break the tenancy before the end of the six months unless your landlord agrees to your surrender of it, which he doesnt appear to want to do.

The landlord is under no obligation to try and find another tenant if you vacate early and is under no obligation to accept an alernative tenant that you have found.

The options are to move out and pay two lots of rents and bills for the next three months or stick it out for a further three months in the current place.

There is obviously the 3rd option of doing a moonlight flick, but you are likley to loose any deposit you have paid and if your former LL finds out where you have gone, he could take you to county court for rent arrears the deposit doesnt cover.

Will you need a reference of your current landlord for the new place?

lilacgirl_2

we have considered the moonlight flit (but pay all our bills) - but im getting nervous as the date approaches so wanted to do things the right way. we never wanted to leave the property vacant and drop the LL in it, thats why we tried to find someone else.

we find out tomorrow or thurs the latest if this lady/family have been accepted, i was just hoping to get given a few options/ideas of what we could do if he doesnt accept this family

we're o.k. at the next place we're moving to as we havent been here that long so have been able to use our previous LL as a ref and we have provided a guarantor, work refs etc..

Thanks for your advice and being realistic with me - just what i was after

Running_Horse

lilacgirl wrote: »

some reason we picked the right neighbours opposite to have a moan.

Let them moan? You might not like the replies given, but they are only telling you for free what a lawyer would charge you to say. Put up with it, then move.