Ending a rental contract early?

lilmissmup

Hi all,

We currently rent our house and might have the offer of a cheaper larger house to move into.

We signed a letter stating we would like to renew our contract for another 6 months as of 26th Feb 2009 but I still haven't sent the signed contract back (or even signed it)

The next rent goes out tomorrow, if we did move does the letting agent have the power to obtain the last 4 months rent or can they just keep our deposit?

m_13

Your deposit should be protected tenancy deposit scheme so your landlord can't just keep it.

However, you signed a letter saying you wanted to renew so you are tied to the property for another four months. I you don't pay the four months rent then your landlord can take you to court for it.

You could ask your landlord to release you from the AST but this would have to be done via a deed. I'm afraid you don't have any rights to force your way out because you've found somewhere else you'd like to move to.

Pepzofio

I'm not so sure - if you haven't sent the new contract back yet then I think you might be on a periodic tenancy, which is what your previous tenancy should have rolled onto... Even if you wrote of your intention to renew, unless the contract has actually been signed & returned I can't see how it's a legally binding AST.

If so then all you have to give is a month's notice to run from a rent due date. (If that is tomorrow then you'd need to give notice today or wait an extra month.)

I would definitely check with CAB or Shelter though.

lilmissmup

Bump to see some more responses.

chucknorris

lilmissmup wrote: »

Hi all,

We currently rent our house and might have the offer of a cheaper larger house to move into.

We signed a letter stating we would like to renew our contract for another 6 months as of 26th Feb 2009 but I still haven't sent the signed contract back (or even signed it)

The next rent goes out tomorrow, if we did move does the letting agent have the power to obtain the last 4 months rent or can they just keep our deposit?

I am a landlord (but that doesn't make me an expert), my 'opinion' is that siging a letter stating you 'would like to renew' is irrelevant (many things could have ocurred before actual agreement) especially as so much time has passed. I therefore believe you are in a periodic contract and you will have to give your landlord one months notice.

Have you thought of negotiating with your existing landlord? (moving is hassle) or do you need extra space

Soot2006

If you have not sent the signed contract/letter, surely you can just shred it and say you never signed it? That puts you on a rolling tenancy, so in theory you can move out within 4 weeks notice that falls in line with a rent date.

lilmissmup

I did send the letter back and they sent us a contract to sign which I still have unsigned.

Soot2006

But no contract signed?

Next question I suppose is: do you ever need them to give you a reference ???

lilmissmup

No wouldn't need a reference for new house as its my OHs bosses house.

Just don't want to move to a cheaper house then end up getting chased for cash.

Debt_Free_Chick

lilmissmup wrote: »

I did send the letter back and they sent us a contract to sign which I still have unsigned.

I think this is very borderline.

You fully intended to enter into a new AST for six months. OK - the new AST is not signed, but arguably, the letter is the basis for a legally binding contract and the AST is simply evidence of the terms of that contract. Law of contract is full of "fine detail" like this and I wouldn't be certain of your grounds, one way or the other.

bobby-boy_2

Hi
Quick question. If you did not want to move what would you do if the landlord gave you 2 months notice claiming you were on a periodic tenancy?
Would you
A) Say ok
OR
Suddenly find the signed AST and claim your 4 further months?

Remember a contract is a 2 way thing.
You could just ask him if you could leave early.