Renting problem!

spongerob500

I'm privately renting a house, which I am now unable to afford due to current economic climate. I told the estate agents dealing with it, and they have put the house up for let again. Am I entitled to now move out of the house and rent somewhere else? I got the impression that they would not let me leave till they have found someone else. I have till Feb till my contract runs out. What can I do?

clutton_2

""i got the impression that they would not let me leave till they have found someone else. ""

spot on - you signed a legally binding contract to live there and pay rent till Feb - the agents are doing you a favour by trying to find someone else

if it was the other way round - the LL trying to kick you out part way thru the contract - how would you feel ?

theartfullodger

Cheers clutton! However OFT has ruled on unfair terms and says
http://www.oft.gov.uk/advice_and_resources/publications/guidance/unfair-terms-consumer/oft356

... in particular

Group 18(d): Unreasonably excluding the tenant's right to
assign or sublet


...

as long as you find the Landlord ('tis the Landlord you have the contract with, not the agent...) another equally/better tenant you can move...

I'd suggest the agents by re-advertising it have accepted that you can move out early if they find a new punter... (ie you as tenant are ahead in this game...)...And any expenses agent/LL incurs re-letting they would have had to incur re-letting at the end of your tenancy... so unreasonable to expect you to pay those charges...

Clutton may disagree..

I'd suggest pointing this wee document out to the agent & inviting them to agree to your leaving early...

Cheers!

Lodger

daisyisarobot

Check your tenancy agreement, you may have a 6month break clause anyway.

Probably a good idea to actually speak to your letting agent rather than presuming your fate.

franklee

Yep, look for a break clause.

tbs624

You can physically leave as soon as you want but you do remain responsible for the rent and any other charges due under the contract until the date on which a new T, who is acceptable to the LL, moves in. Negotiation is the way forward on this one - go in "all guns blazing" and you may find that there is some delay in the new T getting processed by the LA & moved in.

The alternative is that you stay put ask the LL if you can sublet/have a lodger to help cover the costs.

G_M

And any expenses agent/LL incurs re-letting they would have had to incur re-letting at the end of your tenancy... so unreasonable to expect you to pay those charges...

I disagree. Scenario. New tenant signs 6 month contract but moves out after 2 months. NEW new tenant moves in, but ALSO moves out after 2 months. etc.

We all know there are costs each time a tenancy changes. Why should the LL bear the extra cost on this on-going basis?

Negotiation is the way forward on this one - go in "all guns blazing" and you may find that there is some delay in the new T getting processed by the LA & moved in.

Agree. Offer to pay for the extra advertising, tenant vetting, LL's time showing the property, reasonable cleaning etc.

Do everything possible to encourage the LL to a) treat you sympathetically and b) therefore find a replacement tenant asap
Otherwise (s)he'll do minimal advertising, reject any applicants (how can you tell why - credit reports are confidential) and you'll end up with no replacement till Feb!

spongerob500

daisyisarobot wrote: »

Check your tenancy agreement, you may have a 6month break clause anyway.

Probably a good idea to actually speak to your letting agent rather than presuming your fate.

Checked my extended tenancy agreement and it says renewal with a break. Does it matter though the length of the contract, because I extended it for 12 months? Also, does it matter how long im into my extended contract for?

clutton_2

""Cheers clutton! However OFT has ruled on unfair terms and says
http://www.oft.gov.uk/advice_and_res...onsumer/oft356

the clue is in the Title GUIDANCE on unfair terms in tenancy agreements - not LAW on unfair terms in tenancy agreements -

what the OFT has written is not law - it is not statute and therefore cannot be relied upon

theartfullodger

Albeit I am unqualified legally, the relevant law here is I believe surely "Landlord & Tenant Act 1927" Section 19(1)a as amended etc. etc..

see
http://www.england-legislation.hmso.gov.uk/RevisedStatutes/Acts/ukpga/1927/cukpga_19270036_en_3

Cheers!

Lodger

tbs624

clutton wrote: »

...what the OFT has written is not law - it is not statute and therefore cannot be relied upon

You're right - in that only a court can make the ultimate decision on whether the OFT's views should be upheld . However, maybe Foxtons are currently regretting viewing it as mere guidance rather than something to take seriously............................;)