want to break tenancy agreement

pete111_2

hi
I recently moved in to a rented house on my own with a 6 month lease.
I have now been in for 1 month and hate the place. I want to move out and find somewhere nice so I can de-stress a bit.
If I try and explain to the landlord that I want to move out early (I can probably say I need to re-locate for work) then am I liable for the 6 mths rent and will I lose my deposit?
I am willing to stay and pay rent until another tenant can be found as I cant afford two lots of rent.
Any ideas how I should approach this? I will see the landlord tomorrow and would like to broach the subject then.
thanks

theartfullodger

Calmly, politely and professionally explain what has happenned, refer LL to the OFT rules at
http://www.oft.gov.uk/advice_and_resources/publications/guidance/unfair-terms-consumer/oft356

- in particular Group 18(d) on assignment of tenancy. Basically if you find/help him find another punter who passes the same tests (references etc) as you did he will have to accept him. At the same rent presumably.

Might be worth offering to help with adverts, making sure viewings are easy, seeing if there is anything else LL is interested in (nothing dodgy - dunno what but maybe some property improvements/decoration?? - making up any shortfall in rent ££ for 6 months).

In your shoes I'd print OFT front cover and the 18(d) stuff and show him them if he ain't familiar with them.

If rents are rising he may be keen as he might get more money: If rents (in your small local area for that sort of property) are falling and there are too many properties on offer he'll probably be p***ed off.

? How would you feel if someone said they wanted to break a contract and not pay you (presumably) a couple of £k????

This is basically a negotiation and is all about persuasion (both sides).

Cheers!

Lodger

clutton_2

you have signed a legally binding document for 6 months and the LL is entitled to his income for that period.


if he wanted you out after a month - how would you feel ?

you say "" I want to move out and find somewhere nice" - if you did not like the property and did not think it "nice" why did you sign up in the first place ?

i have no sympathy or kind words to offer - and if you came to me with OFT printouts showing me your "rights" i would not be impressed

OFT are GUIDELINES and yet folks on this forum consistently refer to them as law - they are not.

tbs624

You are liable for the rent for the full Fixed Term - that's why its called a Fixed Term. The only way forward is, as Artful says, to negotiate with the LL and you then pay rent and any other costs due under the contract until a new T (acceptable to the LL) moves in.

What you do need to think about is that, when you look for another property, it will probably count against you to have reneged on your agreement so early, because both LLs & Ts prefer dealing with those who are likely to stick to their contracts.

You mention that you've just split up from your wife - are you sure it's the property that's the problem?

pinkshoes

What's wrong with it? Why do you hate it?

Trollfever

Caveat Emptor.

Blacksheep1979

I wouldn't go in there stating rules and regs off the bat and also don't say 'you want something nicer'. As others have said, be polite explain you need to move for xyz reason and that you will help him to find a replacement/cover the costs in doing this.

pete111_2

I agree I don't want to antagonise him by quoting rules etc..
I also realise that it is my mistake and my problem and in his shoes I would be pretty angry so want to make it as painless as possible for all involved.
Hopefully if I explain my predicament and agree to wait until a replacement tenant can be found it will not cause too much headaches.
The problem with it? It is on a very noisy street with noisy rude neighbours, I want to feel comfortable in a house and I dont there. It is entirely my mistake, I rushed into the move and now am living with the consequences.

mchale

I think your best option would be to find a replacement tenant for the property, and then contact the landlord asking him to break the contract

Jomo

Is it really all that bad that you can't make do for 5 months?

I think I'd just live with it, make sure you give your notice in good time and choose better next time!!

Gorgeous_George

Talk to the LL first. There is no point finding a new tenant yourself as s/he may not meet the requirements. Your LL could even decide to sell.

Say something like

Hi, I know I'm being a pain in the neck but I would like to move out as soon as possible. Please can you let me know what I need to do to end our agreement early?

A reasonable LL will let you go as soon as he finds a replacement tenant. The sooner you start the ball rolling the better.

GG